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City Council Agenda
REGULAR SESSION CITY COUNCIL
May 26, 2015, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
05-26-2015 Council Agenda
Policy Values
Economic Prosperity
Fiscally Sustainable
Family Friendly for All Ages
High Quality of Life
Safe Community
Essential Services
Attractive Community
Innovative and Proactive
Service Oriented
Friendly City
AGENDA
TUESDAY, MAY 26, 2015 AT 6:00 P.M.
Call to Order – City Council Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Mayor Pro-Tem Edwards)
City Events and Announcements
Announcements of upcoming City Events (J. Bierschwale/B. James)
Announcements and recognitions by City Manager (J. Kessel)
Presentation
Proclamation recognizing the revitalization of the Gutierrez Xeriscape Park and the
many volunteers. (Mayor Carpenter)
Briefing regarding Cibolo Valley Local Government Corporation (CVLGC) and the
City of Schertz Partnership. (Justin Murray)
Presentation and overview of the activities of Northeast Lakeview College. (Dr. Craig
Follins)
Workshop
Presentation and discussion regarding a proposed Mayor/City Council Member for
the day program. (B. Dennis/B. Williams)
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Workshop Discussion Regarding Requiring Elevation Surveys of All New
Residential Foundations. (Requested by Councilmember Fowler) (B. James/M.
Sanchez)
Workshop discussion regarding the City of Schertz 2012 International Fire Codes and
amendments thereto.) (D. Wait/D. Covington/J. Perry)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker’s register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of May 19, 2015. (J. Kessel/B. Dennis)
2. Resolution No. 15-R-39 – Consideration and/or action approving a Resolution
authorizing a Community Development Block Grant Program Cooperative
Agreement with Bexar County. (B. James)
Roll Call Vote Confirmation
Requests and Announcements
3. Announcements by City Manager
Citizen Kudos
Recognition of City employee actions
New Departmental initiatives
4. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
5. Announcements by Mayor and Councilmembers
City and community events attended and to be attended
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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
6. Information available in City Council Packets - NO DISCUSSION TO OCCUR
2015 Charter Review Commission Final Report
Executive Session
7. City Council will meet in closed session under Texas Government Code Section
551.071, Consultation with Attorney, to discuss and deliberate legal issues associated
with the Economic Development Incentives Agreement (Amazon.com.KYDC LLC).
8. City Council will meet in closed session under Texas Government Code Section
551.074 Evaluation of the Municipal Judges and Prosecutor.
9. City Council will meet in closed session under Texas Government Code Section
551.074 Evaluation of the City Manager.
Reconvene into Regular Session
7a. Take any necessary action based on discussions held in closed session under Agenda
Item number 7.
8a. Take any necessary action based on discussions held in closed session under Agenda
Item number 8 including possible increase in salary.
9a. Take any necessary action based on discussions held in closed session under Agenda
Item number 9 including possible increase in salary.
Roll Call Vote Confirmation
Adjournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 22nd
DAY OF MAY 2015 AT 9:00
A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES
AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551,
TEXAS GOVERNMENT CODE.
Brenda Dennis Brenda Dennis, City Secretary
05-26-2015 City Council Agenda Page - 4 -
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2015.
____________________________Title:__________________________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped
parking spaces are available. If you require special assistance or have a request for sign
interpretative services or other services please call 210-619-1030.
The City Council for the City of Schertz reserves the right to adjourn into executive session at
any time during the course of this meeting to discuss any of the matters listed above, as
authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s
legal counsel and the presence of any subject in any Executive Session portion of the agenda
constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel
for the governmental body and constitutes an opinion by the attorney that the items discussed
therein may be legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the
attorney. This provision has been added to this agenda with the intent to meet all elements
necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted
by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter Audit Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Mayor Pro-Tem Edwards – Place 4
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember Azzoz – Place 2 Animal Control Advisory Committee
Sweetheart Advisory Committee
Councilmember John – Place 3
Lone Star Rail District
Councilmember Thompson Place 5
Audit Committee
Agenda No. 1
CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 2015 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on May 19, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of May 19, 2015. ATTACHMENT Minutes –Regular meeting May 19, 2015.
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MINUTES REGULAR MEETING
May 19, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 19, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Michael Carpenter Mayor Pro-Tem Edwards Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait Executive Director Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Call to Order Mayor Carpenter called the meeting to order at 6:02 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Pastor Carnell Durant, Everyday Christian Church) Pastor Durant provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements
Announcements of upcoming City Events (J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director Brian James who provided the following announcements:
May 20th, Bond Committee Public Input Meeting #1-Corbett Jr. High, 12000 Ray Corbett Drive, 6:00 P.M.
May 21st, Chambers After-Hours Mixer-HEB Bar and Grill 5:30 P.M. May 21st, Bond Committee Public Input Meeting #2-Sippel Elementary, 420 Fairlawn
Avenue, 6:00 P.M. May 22nd, Chamber Ribbon Cutting-My Madea’s Restaurant, 3893 Cibolo Valley Drive,
Suite 106, Cibolo, 4:00 P.M. May 24th EMS Banquet-Civic Center, 6:00 P.M. May 25th Memorial Day-City Offices Closed
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Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he would defer his announcements until later in the evening due to the large audience tonight that are patiently waiting for their presentations.
Presentation
A. Resolution No. 15-R-37 - Consideration and/or action approving the 2015 Recipients of the Hal Baldwin Scholarship and resolving other matters in connection therewith. (B. Cantu/S. Gonzalez) (Jonathan Mitchell, Roni Fraser)
The following was read into record:
RESOLUTION NO. 15-R-37
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE 2015 RECIPIENTS OF THE HAL BALDWIN SCHOLARSHIP, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who introduced this item stating that last Tuesday the Hal Baldwin Scholarship Advisory Committee met, reviewed, selected and recommended two very highly qualified young individuals to receive this year’s Hal Baldwin Scholarship. Before we move on to the presentation, I recommend that Council approve the Resolution, awarding Roni Fraser $1,500 and Jonathan Mitchell $2,500. Unfortunately, our second place Scholarship Recipient, Roni Fraser, is not able to attend tonight. When I spoke with her last week to share the good news, she was disappointed she could not be here in person. But she has a very good reason. Roni is currently at Spring Training for Tour for Troopers, which is part of Drum Corps International or DCI. Roni, along with other members who are a part of this group, train upwards of 12 plus hours a day as a professional musical marching unit. The group then travels across the United States to compete in national DCI events against other corps units for 2 months, before competing at the World Championships in Indianapolis in early August. DCI is known as the Major League for musical marching and as you can tell, being selected to be a part of the Troopers is a great honor. Roni very much wants to meet the Council and the Scholarship Committee, so during her one week back before heading off to college, she will come to the Council Meeting for her Scholarship Presentation. That date will be Tuesday, August 11th. Now, on to our first place Scholarship Recipient, Mr. Jonathan Mitchell. I would like to invite Mayor Carpenter (and any Scholarship Committee members who are here) to come help with the presentation. Jonathan if you can also please come up. Jonathan is a senior at Samuel Clemens High School who himself has a long list of accomplishments.
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Jonathan is a head drum major, an all-state trumpet player, an Eagle Scout, a Princeton Book Prize Nominee and a National Merit Scholar, just to name a few. Jonathan also knows how to give back to his community; for his Eagle Scout project, he logged 234 service hours, raised $1,000 and organized the construction of 100+ care packages for the Wounded Warrior Program. When discussing his future, Jonathan mentioned in his personal statement that he originally thought he wanted to become an architect. But, as time progressed, he realized instead, that he not only wanted to build houses, but also everything that goes around them. He wanted to build and design communities in which people live. Jonathan plans to do this by getting a degree in mechanical engineering with a focus on civil engineering/construction management aspects. He will attend Texas A&M University – Gig’em Aggies – and join the Corps of Cadets while pursuing his degree. When asked about being a public servant, Jonathan mentions that “public service is all about serving those in your community. In many ways, it is about servant leadership; leading those who elect you, by serving their best interests.” His Boy Scout Committee Leader had this to say about him: “Not only does Jonathan embody all the necessary qualities of leadership, experience and selfless duty, he is the kind of young adult who will serve his community and Nation with honor.” The Scholarship Committee agrees and looks forward to seeing great things from you, Jonathan. Congratulations! Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro-Tem Edwards to approve Resolution No. 15-R-37. The vote was unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed. Mayor Carpenter presented Jonathan Mitchell a scholarship in the amount of $2,500. Hal Baldwin Scholarship Advisory Committee Member Don Taylor stated they had more applicants this year than ever before and these two applicants were very outstanding and we are proud they are representing the City of Schertz. Jonathan Mitchell then came forward and expressed his sincere thanks to Council. B. Presentation by the EMS Department regarding Cardiac Arrest Survivors). (D.
Wait/J. Mabbit)
Mayor Carpenter recognized EMS Director Jason Mabbit who provided a Power Point presentation regarding:
Sudden Cardiac Arrest Why learn CPR Cardiac Arrest Save: June 2014 Paramedic Wess Dailey, Todd Kaiser,
FF/Paramedic Pam Loeffler and FF/EMT Mark Gonzales saved a 75 y/o female in respiratory arrest.
Cardiac Arrest Save: November 2014 FTO/Paramedic Eddie Rodrigues, Paramedic Jose Hernandez, Paramedic Matt Gonzales, FAO/EMT Jesse Ruiz and FF/EMT Justin Schwersinske saved a 49 y/o male in cardiac arrest.
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Cardiac Arrest Save: December 2014 Paramedic Mark Southwell, Paramedic David Retano, and Supervisor/Paramedic Toni Bradford saved a 93 y/o female – C/O chest pain.
Cardiac Arrest Save: June 2014 Paramedic/RN Jeff Pickering, Paramedic Jessica Aird, Supervisor/Paramedic Toni Bradford, Paramedic Mike Shown, BC/EMT Harry Hewlett, FF/Paramedic Andy Lambert, FF/EMT Mack Melancon, FF/EMT Jesse Ruiz and FF/EMT Jason saved 81 y/o male – SCA Mr. JD Jones.
Cardiac Arrest Save: August 2014 Paramedic Jacob Conell, Paramedic Leon Allegretti, Supervisor/paramedic Matt Troncoso, Paramedic Kellie Burnam, Lt./AEMT Scott Lee, FF/EMT Moises Sandoval/ FF/EMT Ethan Hernandez and FF/EMT Enrique Escobedo saved 47 y/o male – chest pains – Mr. Mike Schurlock.
Cardiac Arrest Save: February 2015 Paramedic Jessica Aird, Paramedic Russell Monroe and Supervisor/Paramedic Matt Troncoso saved 76 y/o male – chest pains – Mr. Santiago Martinez.
Cardiac Arrest Save: July 2015 Paramedic Bud Hirschberg, Paramedic Mike Jernigan, Peramedic Ronnie Muse, Paramedic Kellie Burnam and Supervisor/Paramedic Toni Bradford saved 51 y/o male – chest pains – Mr. Sam Rhodes.
Mr. Mabbit thanked the Council, Schertz Dispatch, Schertz Police Department, Schertz EMS, Schertz Fire Department, Cibolo Fire Department, Live Oak Fire Department, Northeast Methodist Hospital and Christus Santa Rosa, New Braunfels.
Mayor Carpenter moved to the Proclamation reading for EMS. Proclamations
Proclamation EMS Week (Mayor Carpenter/D. Wait/J. Mabbit)
Mayor Carpenter read the EMS Week Proclamation to the group and thanked them for their outstanding dedication and care to the residents and patients of the area. Mayor Carpenter also congratulated Jason Mabbit on his newly appointed role as Schertz EMS Director. Mayor Carpenter stated that earlier Live Oak City Councilman Ed Cimics was in the audience, but has since left. He also recognized County Commissioner Jim Wolverton who was with us tonight.
Mayor Carpenter moved back to the Presentation section.
C. Presentation regarding the award for the new Budget App. (B. James/M. Clauser)
Mayor Carpenter recognized Executive Director Brian James who stated this year when we were getting ready for the first public budget workshops, staff had been discussing how we can engage more folks in this process. A group of staff members came up with a ‘Budget Cents Simulator’. They also included a few people from the
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community (Clare Layton and Richard Dziewit) to help review it. Initial comments were that it was amazing that staff did this on their own and did not go out and buy it. Subsequently, they won an award for it.
IT Director Myles Clauser came forward stating this has been a collaborative effort over time to find ways to explain how cities do their budgets. The challenge is to find a way that makes sense to people. So they put together a group of staff members and built an ‘app’, the ‘Budget Cents Simulator’. It is now available on the main site of the city website for the general public. He introduced Computer/Web Technician JoAnna Takemura who did all the creating, programming and graphics work. Ms. Takemura stated the award received is the 2015 Excellence Award from the Texas Association of Governmental Information Technology Managers. It was one of three awards they present. She stated this app was built in-house and serves as an interactive educational tool that illustrates how choices are made during the budget process each year by citizens, elected officials, and city staff. She proceeded to provide a live demo of how the app works. She thanked City Manager John Kessel, Executive Director Brian James, and IT Director Myles Clauser for their innovation and refinement of the app. JoAnna thanked Finance Sr. Budget Analyst James Walters who made sure the numbers added up and made sense. Other key staff members included Tony McFalls, Judy Vela, Linda Klepper and Sarah Gonzalez, who all assisted with testing. Also assisting were IT staff members, Dallas Berry, Kyle Gaertner, Eric Haugen, Tammy Lawrence and Ray Nichols. Other staff gave valuable assistance during the budget retreat as well as citizens Clare Layton and Richard Dziewit. They will continue to be innovative and come up with different ways for our citizens to grasp some of our complex concepts. Mayor Carpenter asked if Council had any comments. Mayor Pro-Tem Edwards stated they did a great job and Councilmember Fowler added that this is a unique experience for our citizens and that today’s technology allows us to do this. Councilmember Azzoz and Councilmember Thompson added their congratulations and thanks as well. Mayor Carpenter stated Council feels strongly about including our residents and it is difficult to get widespread involvement from the community and this will undoubtedly help us and he thanks staff for their work on it.
D. Presentation from the Schertz Library regarding their Summer Reading Club. (B.
James/M. Uhlhorn/A. Toman/E. Blasé)
Mayor Carpenter recognized Youth Services Librarian April Toman and Adult Services Librarian Elizabeth Bertoia who provided a PowerPoint presentation on the Summer Reading Program at the Library. The theme this year is on ‘Heroes”. The summer reading program entices children to read when school is not in session. The Schertz program is for seven weeks. It also offers programs for all ages, babies through seniors. They offer more than just reading (i.e. computer classes) and are currently part of the Collaborative Summer Library Program (CSLP) which is a consortium of states working together to provide libraries with high quality summer reading program materials at a low cost. Open House Registration Day is Saturday,
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June 6 at 12 p.m. The first day of Summer Reading Programs begins on June 12 and programs will run until Friday, July 31. The program is completely funded by the Schertz Library Advisory Board; this year’s budget is $3,800 for all four programs and will allow for prizes, decorations, programming supplies, and guest speakers. Area businesses donate approximately $2,500 in the form of gift certificates, gift cards, and merchandise each year as incentives for the programs. A few main events this summer include: 1) Schertz Public Library Touch a Truck & Auto Show – Thursday, June 25 2) Life Size Game Day – Saturday, July 18 3) Reading Flash Mob – Saturday, July 25 4) Who is Your Hero? Essay Contest – Essays due Friday, July 24 5) Comic Con – July 11
They presented some ‘super hero’ T-Shirts to Council.
E. Presentation from Yellow Cab San Antonio Texas regarding the recent Police
Memorial Service. (Mayor Carpenter/George Alva/Melissa McGeehee)
Mayor Carpenter recognized George Alva who stated Yellow Cab is a cab service provider in the San Antonio and surrounding area. Their fleet of nearly 600 independent contractor drivers provide service 24/7 every day of the year. They also have the world’s easiest phone number to remember (222-2222). They have always supported the men and women who put on their uniforms to protect us from those who would do us harm: police officers, firefighters, sailors, soldiers, coast guards, marines and airman are our heroes. They have hosted wounded warrior appreciation luncheons, law enforcement appreciation luncheons, participated in team DWI roll calls, sponsored golf tournaments and other events to express our respect and admiration. They attended the Schertz-Cibolo Police Memorial Day Ceremony and it deeply touched their hearts. They put together a collage of photos featuring law enforcement events they were invited to participate in and it was their pleasure to present a copy to Mayor Carpenter and the City of Schertz. Melissa McGeehee spoke next saying they appreciate being able to be here today and that they are very grateful to all the individuals who wear uniforms to protect us.
Hearing of Residents
Mr. Reed Carr, 3509 Columbia, who stated he is the President of the Northcliffe HOA. They have previously asked the city for help in asking the city officials to do their jobs; specifically, the Marshal’s Office and the Police Department. An example of what they have asked for help in enforcement is addressing a lousy looking neighborhood (i.e. unkempt yards). Other examples are abandoned vehicles and large motor homes parked for long periods in the street, and street improvement. For future street improvement, they would like to specifically ask not to use the contractor who did the Country Club Street.
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Mr. Greg Mims, 21895 Old Nacogdoches Road, New Braunfels, TX, who spoke about the asphalt plant that was discussed at the last city council meeting. How many people have to be opposed to the plant’s construction to stop it? What total percentage of the local population has to rise up in opposition to stop this? Are any of the local neighborhoods in favor of it? There is also concern about property value estimates. The opposition will not go away. If the city adopts a resolution opposing this facility, government of the City of Schertz will show that they hear us. The larger question is what more can we all do to stop this?
Mr. Glen Outlaw, 3729 Forsyth Park, who stated he attended the Police Memorial Service last week and it was the best one he attended and seen since he has been associated with the City. Chief Hansen (Schertz) and Chief Cox (Cibolo) along with city staff support put on an excellent presentation. It was pleasing to see other participants such as the Samuel Clemens Band. A nice lunch was served afterward and it gave everyone an opportunity to sit down and visit and remember.
Mr. David Richmond, 2921 Bent Tree Drive, who stated the Development Services Department, is in the process of adopting the 2012 International Building Code for the City of Schertz. Part of the code relates to permitting construction projects. This requirement has helped our city grow with high quality work in all sectors of the economy. Permit requirements help protect our citizens from shoddy work. There is concern that continued strong building growth will limit our staff to random inspections and delay granting permits. A possible solution would be to eliminate the requirement on certain projects which replace like for like products (siding on a house that matches what is already there). Once we make an exception, there is no turning back. The appearance of our city attests to our current high standards. If we need to accept only random inspections then so be it. The permit itself requires homeowners and contractors to meet or exceed building code requirements and gives the city clout if these standards are not met. He urges the city council to continue supporting our current building permit process without exceptions for all projects as we adopt the 2012 building code.
Mr. George Brannon, 9233 Gloxinia Drive, Garden Ridge, TX, who stated Garden Ridge has already had problems such as gun range issues, flood plain problems, a loud train, noisy FM 3009, and a subdivision next to a quarry. We don’t need another issue to have to explain an impact on property values in Garden Ridge (i.e., asphalt plant). This would not help our property values. His concern is that this operation has been turned down elsewhere and they will simply keep trying until they get in somewhere.
Mayor Carpenter moved to Item No. 2.
2. Resolution No. 15-R-38 – Consideration and/or action approving a Resolution in support of citizen concerns related to the location and operation of an Asphalt Plant within the City of Schertz Extra Territorial Jurisdiction and adjacent to the City of Garden Ridge. (Item requested by Mayor Carpenter) (M. Carpenter) The following was read into record:
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RESOLUTION NO. 15-R-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, IN SUPPORT OF CITIZEN CONCERNS RELATED TO THE LOCATION AND OPERATION OF AN ASPHALT PLANT WITHIN THE CITY OF SCHERTZ EXTRA TERRITORIAL JURISDICTION AND ADJACENT TO THE CITY OF GARDEN RIDGE. Mayor Carpenter stated this proposed plan is outside the limits of the City of Schertz and therefore we have no say in what gets built or does not get built there; it is state law that governs that area. However, this Council does share everyone’s concern. He asked if Council had any comments or questions. Mayor Carpenter recognized Councilmember Thompson who stated last week the name of Hansen came up many times. He contacted Hansen last week, but they have leased the property to a third party and so technically, Hansen is not involved and any resolution should not include the Hansen name. Mayor Carpenter recognized Councilmember Azzoz who said what Councilmember Thompson said is true. He said he doesn’t know what their motive is, but there is a benefit between the two otherwise why would they lease it out. FM 2252 is going to be very congested and a traffic nightmare. He hopes this project does not take place. He thinks they should find a different place to locate that would be safe and be environmentally friendly. He shares their pain. He totally opposes this plan. Mayor Carpenter recognized Councilmember Fowler who stated we have no say in what individuals builds in the ETJ. It is going to be a hard lesson for us to say no we don’t want it but we can’t stop it; what we can do is to try to protect the vulnerability the city has put itself in by having ETJ’s that we are not developing. He thinks we should look at all of our ETJ’s and see what we can do legally to have some control over them in the future. Mayor Carpenter recognized Mayor Pro-Tem Edwards who asked if we could put this as part of our strategic plan going forward for the ETJ to be looked at. Perhaps we need to talk with the landowners in south Schertz off of FM 1518 and try to get some pre development agreements in place so this does not happen again. Mayor Carpenter said when we get to the items to be placed on future agendas, let’s make sure we do so. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember John to approve Resolution No. 15-R-38. The vote was unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed.
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Workshop
Discussion regarding use of hand held devices while driving and distracted driving generally. (J. Bierschwale/D. Wait/M. Hansen)
Mayor Carpenter recognized Police Chief Hansen and Lt. Manny Casas who introduced this item stating that last month they were asked to come back with two pieces of information concerning this proposed ordinance. The first one was for information on local statistics and the second request was on commentary on local enforcement. The information available to us from the state is broken down by county. The most recent data is from 2013. Comal and Guadalupe counties each had just under 2,000 crashes reported with Comal reporting 15 % and Guadalupe reporting 26% credited to distracted drivers. Bexar County had just under 40,000 crashes reported and they had nearly 53% related to distracted drivers. Statewide the number of crashes was 440,000 with 21% related to distracted drivers. Locally, we do not maintain crash reports. Our data goes directly to the state, but in 2013, it shows we had 4 crashes related to distracted drivers. In most cases, we focus on the cause of the accident such as a vehicle crossing the center lane. So some cases could be underreported.
Lt. Casas is here tonight to present information regarding implementation. He is over the patrol division which includes patrol and traffic enforcement. Lt. Casas stated if this ordinance does go forward we would want to get the word out to the public by utilizing public service announcements by using our local media and using our own social media such as Twitter and Facebook. We would post signs at entrances to the city and allow for a ‘grace period’. Internally we would train our officers to look for things like identifying lane drifts, traffic conflict, actual crashes and near crashes. In the end it would be officer discretion. He has full faith that their officers would do a good job on whether or not to cite the motorist. Mayor Carpenter recognized Councilmember Azzoz who thanked Police Chief Hansen for this information. There are currently 24 states who have banned texting while driving. Texting is absolutely dangerous when driving. Driving is a privilege. The seat belt law has saved lives. He would suggest putting a packet together—do we want to tackle texting and driving only or texting and driving and hand held device all together. He thanked him for all their information. Mayor Carpenter recognized Mayor Pro-Tem Edwards who stated he doesn’t want to duplicate any efforts that our state is working on. He asked if we already have a local distracted ordinance on the record. Chief Hansen said yes but it was specific to television receivers. He suggested we wait and see what happens with the House Bill that comes out. He thanked Councilmember Azzoz for bringing this topic up. Councilmember Azzoz stated he does not think we should wait for the state and that we should be the leaders in protecting our citizen’s lives. He said he thinks this is a good time to keep a focus on this matter. Councilmember Thompson asked if there was a way we could begin to determine the cause of distraction and proactively determine what specifically
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distracted the driver. Chief Hansen said yes they can address that internally with our local officers. Right now the only focus is on cause and fault.
Mayor Carpenter stated in his opinion this is neither about a device nor texting, but rather it is about bad behavior and bad choices. The most advantageous thing would be considering something about distracted driving generally. If we can address the bad behavior across the board, that makes more sense. His other preference would be where it would be an upfront thing where we would just provide citations. As is done in Germany, if an accident happens and the investigation reveals evidence that you were distracted, your fines will triple.
Executive Session
Mayor Carpenter recessed the regular meeting at 7:42 p.m. into Executive Session. 3. City Council will meet in closed section under Texas Government Code Section 551.071
Consultation with Attorney and 551.074 Personnel Matters regarding whether a Council Member has a direct or indirect financial interest in a contract with the City, City Charter Section 4.07.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 8:34 p.m. 3a. Take any action based on discussions held in closed session under Agenda Item 3.
Mayor Carpenter recognized Councilmember Azzoz who stated he believes strongly that we are in violation of the City Charter Section 4.07 and he wants to make a motion to ask Councilmember Thompson to step down from his respected seat. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler asking Councilmember Thompson to step down from his respected seat. The vote was 1-4-0, with Councilmember Azzoz voting for, Mayor Pro-Tem Edwards, Councilmembers Fowler, John, and Thompson voting no. Motion failed.
Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of May 12, 2015. (J. Kessel/B. Dennis)
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to approve the minutes of the regular meeting of May 12, 2015. The vote was unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed.
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Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call vote information for agenda items A, 1, 2 and 3a. Workshop
Discussion regarding the City Charter Section 4.07 – Prohibitions and discussion regarding the City Charter generally. (M. Carpenter/C. Zech)
No discussion occurred.
Requests and Announcements 4. Announcements by City Manager
Citizen Kudos Recognition of City employee actions New Departmental initiatives
City Manager John Kessel apologized for the lack of air conditioning from one of the Council Chamber AC units this evening. The problem was a bad fan and the part will not be available until tomorrow morning. Additionally, Council should have received an invitation for the upcoming retreat on June 19.
5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
No items were requested. 6. Announcements by Mayor and Councilmembers
City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Fowler who stated he attended the following events: May 12, AMM Collision Center Grand Opening May 19, Schertz Monthly Chamber Luncheon He also stated he noticed in some of the presentations today at the chamber luncheon that there were a lot of young people taking leadership roles, which he was glad to see.
5-19-2015 Minutes Page - 12 -
Mayor Carpenter recognized Councilmember Thompson who stated he attended the following event: May 14, Police Memorial Day Service front of the Schertz Police Department
Adjournment Meeting was adjourned at 8:42 p.m.
__________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary
Agenda No. 2
CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 2015 Department: City Manager Subject: Resolution No. 15-R-39 -Consideration
and/or action approving a Resolution authorizing a Community Development Block Grant Program Cooperative Agreement with Bexar County, and other matters in connection therewith. (B. James)
BACKGROUND In 2012 the City of Schertz accepted an offer to participate with Bexar County in the Federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Programs. Typically, suburban cities will “loan” their population to Bexar County Community Resources Department to increase funding available for the program which is then allocated by Bexar County Commissioners Court in the unincorporated portions of Bexar County and in participating cities. This made Schertz eligible to compete for projects as it did in the late 1980s and early 1990s. This money can be used for many income-dependent projects including the following:
senior citizen day care and community centers (not income-dependent), ADA sidewalks (not income-dependent), water systems and mains, street reconstruction, drainage projects, housing rehabilitation and public assistance for the elderly and low income citizens.
Schertz was awarded $61,884 for the Pickrell Park ADA walkways project that is currently nearing completion. Most recently Schertz applied for funds for waterline upgrades in Aviation Heights. Additionally, Bexar County has several on-going programs Schertz residents are able to participate in including housing rehabilitation and housing replacement (income dependent). Funding depends on Congress and is distributed to recipients (such as Bexar County Community Resources) based on formula. Bexar County will then issue a call for projects and then will issue awards. Schertz is not eligible to become a direct recipient of funds from HUD until its population reaches 50,000.
City Council Memorandum Page 2
In 2012, Schertz entered into a 3 year agreement with Bexar County to participate in the program. The proposed agreement extends the City’s participation for another 3 years. If the City does not choose to continue to participate in the Bexar County program, it will be eligible to participate in the State Department of Agriculture’s CDBG program for rural communities. Goal Continued participation in Bexar County’s CDBG, HOME and ESG programs Community Benefit Provide an additional funding source for projects throughout the City of Schertz. Summary of Recommended Action Recommend approval of a resolution and agreement authorizing continued participation in Bexar County’s CDBG, HOME and ESG programs. FISCAL IMPACT None at this time. RECOMMENDATION Recommend approval of a resolution and agreement authorizing participation in Bexar County’s CDBG, HOME and ESG programs. ATTACHMENT Letter from Bexar County Regarding Participation Resolution N. 15-R-39 CDBG Program Cooperative Agreement
RESOLUTION NO. 15-R-39
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City reenter into an agreement with Bexar County, Texas to participate with Bexar County, Texas in its re-qualification process as an Urban County for continued participation in the Housing and Urban Development Community Development Block Grant, HOME and ESG Programs for the fiscal years 2016, 2017 and 2018; and
WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an agreement with Bexar County, Texas pursuant to the Community Development Block Grant Program Cooperative Agreement, attached hereto as Exhibit A (the “Agreement”).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the Mayor to execute and deliver the Agreement with Bexar County, Texas 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 26th day of May, 2015.
CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor
ATTEST: Brenda Dennis, City Secretary
(CITY SEAL)
A-1
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT
REPORT OF THE 2015
City of Schertz
CHARTER REVIEW COMMISSION
Mark Davis, Chair
Michael Dahle, Vice-Chair
Reginna Agee
Bert Crawford
Jana Volitis
May 15, 2015
Final Report to City Council 2015 Schertz Charter Review Commission 3
SUMMARY OF PROPOSITIONS
1. Proposition to delete items in the Charter due to redundancy in other Charter sections or
State Law.
2. Proposition to Increase City Council from 5 to 7 Places
3. Proposition to Increase elected official terms from 2 to 3 years in length
4. Proposition to Provide for Revised Prohibitions, Forfeitures of Office and Hearing
Process
5. Proposition for Revised Financial Procedures
6. Proposition to Conduct Elections Pursuant to State Law
7. Proposition to Revise Initiative, Referendum, & Recall Procedures
8. Proposition to Provide Disannexation Procedures
9. Proposition to Clarify Signature of City Documents
10. Proposition to Modify the Process of Hiring Assistant City Managers
11. Proposition to Allow the City Manager to Identify Designee to Attend Council Meetings
12. Proposition to Modify Personnel Policies
13. Proposition to Modify the Process of Hiring Deputy City Secretary
14. Proposition to Delete Planning & Zoning Commission Section of Charter
15. Proposition to Add Guidance Regarding Ordinances Passed by Petition
16. Proposition to Clarify Personal Financial Interest Policy
17. Proposition to Adjust the Size of Charter Review Commission
18. Proposition to Adjust the Term of Charter Review Commission
19. Proposition to Add a Disaster Clause for Reconstitution of the Council After an
Emergency
Final Report to City Council 2015 Schertz Charter Review Commission 4
PROPOSITION 1
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.
Delete portions of the following sections due to redundancy of other Charter Sections or
State Law Powers.
Sec 2.01 General Powers
Section 2.02 Intergovernmental relations
Section 3.01 Establishment
Section 4.09(e) Meeting and Procedures
Sec 6.07 Tax Assessor – Collector
Sec 7.05 Capital Improvements Program
Section 8.02 Board of Adjustment (Deletion)
Article XI Public Utilities
Sec 12.03 Liability for Persona Injury or death
Final Report to City Council 2015 Schertz Charter Review Commission 5
Section 2.02 Intergovernmental Relations.
The City may exercise any 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.
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.
Section 4.09 Meetings and Procedure.
(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 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 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 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 the full text
thereof shall be placed on the City’s website for at least one week prior to final
adoption of the franchise ordinance.
Final Report to City Council 2015 Schertz Charter Review Commission 6
(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.
(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, 11-06-12)
Section 6.07 Tax Assessor-Collector.
(a) Assessor-Collector. The City Manager shall appoint, and may remove, the City’s
Assessor-Collector of taxes. The City Council may, in the interest of economy and
efficiency and on the recommendation of the City Manager, authorize the City
Manager to 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. 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; provided, if the Assessor-Collector is an officer of another political subdivision
providing services to the City by contract and if the City Council determines that the
Assessor-Collector’s existing surety bond sufficiently protects the City, no further
surety bond shall be required.
(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
Final Report to City Council 2015 Schertz Charter Review Commission 7
attorneys for the collection of delinquent taxes as authorized by applicable State
law.
(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 related to taxation except in cases of error or otherwise as permitted by State
law.
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 directed by the
City Council.
Section 8.02 Board of Adjustment.
The City Council may establish a Board of Adjustment in accordance with the applicable laws
of the State.
ARTICLE XI
PUBLIC UTILITIES
Section 11.01 Powers of the City.
The City shall have such powers with respect to public utilities as may nor 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.
Final Report to City Council 2015 Schertz Charter Review Commission 8
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 the full text thereof shall be placed on the City’s website for at least
one week prior to final adoption of the franchise ordinance.
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:
(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 by the laws
of the State.
Final Report to City Council 2015 Schertz Charter Review Commission 9
(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 conditionshereinafter 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 expiratio n 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.
Section 11.05 Franchise Records.
The City shall maintain a public record of public utility franchises.
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 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
Final Report to City Council 2015 Schertz Charter Review Commission 10
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.
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.
Proposition 1 Rationale: The Charter Review Commission believes this information
recommended for deletion is unnecessary in the Charter, as all of these items are covered under
other sections of the City Charter or under Texas State law, specifically:
Within Section 2.01, General Powers, The first sentence states” 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 reminder of this section simply
itemizes many of the powers afforded to the City by State Law and states that the City may
exercise those powers. The Commission feels that other than the existing first sentence, the
remaining verbiage is superfluous and unnecessary.
Final Report to City Council 2015 Schertz Charter Review Commission 11
As with Sec 2.01, Section 2.02 Intergovernmental Relations, is unnecessary, as it restates a power
and authority that the City may exercise that is functionally addressed by the first sentence of
Section 2.01.
The last sentence of Section 3.01 is unnecessary, as the City must exercise its authority pursuant
to State Law, the Charter and enacted ordnances and is addressed by the previous sentence is this
section.
The deleted passage of Section 4.09(e) is not required as the this information is covered in Section
4.05 Mayor & Mayor Pro Term and Section 4.09(c) Quorum
Section 6.07, Tax Assessor-Collector is not needed, as it is an authority and power afforded to the
city under state law, and thereby covered under the first sentence of Section 2.01.
Section 7.05, Capital Improvement Program states that “The City Manager may prepare a five
year capital improvements program on his or her own initiative and shall do so when so
directed by the City Council.” The Commission felt this language was ambiguous, as it did not
specifically require a CIP, and if a CIP was required by the City Council, the requirement could
be directed in the City Financial Planning documents, versus the City Charter. In addition the
authority to create a capital improvements plan is afforded the City in state law.
Section 8.02 Board of Adjustment. The Commission again felt that this section was not required
as it definitively did not require the establishment of a BOA. The authority for the City to create a
BOA is already afforded to the City under Texas Local Government Code Chapter 211.
Article XI, Public Utilities. The Commission felt this section, in its entirety was not needed as
the City’s authority is sufficiently addressed in Section 2.01 of the Charter and state law.
Final Report to City Council 2015 Schertz Charter Review Commission 12
PROPOSITION 2
Section 4.01 Number, Selection and Term.
The City Council shall be composed of the Mayor and five seven 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 Seven 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.
Section 4.09 Meetings and Procedure.
(c) Quorum. three Four Councilmembers (excluding the Mayor) shall constitute a quorum, and
no action shall be valid unless adopted by the affirmative vote of three four 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.
Proposition 2 Rationale: The Charter Review Commission believes that the City has grown
sufficiently to warrant the addition of two additional City Council places. In discussing this
section, the Commission looked at the council structure of 23 cities larger than Schertz, with
regards to their council size and whether the Mayor routinely voted on council actions or not. It
was noted that Schertz had the lowest council size (5 places, not including the mayor) than 91%
(21 of 23) of the cities surveyed. Of the cities surveyed, eighteen had had 6 places, two had 7
places and one had 8 places. In further discussion, it was noted that in 73% of the surveyed
cities (17 out of 23), the Mayor’s position was an active participant, voting on all measures. The
Commission considered several options and ultimately recommended to keep the Mayor’s
position as a position that votes only in the event of a tie, but increase the number of council
places to seven (7) in order to provide a broader elected base and increased quorum. The change
to Section 4.09(c), Quorum would be required if the council is increased with an additional two
places.
Increase the number of City Councilman places from 5 members to 7 members
Sec 4.01 Number, Selection and Term
Sec 4.09(c) Meetings & Procedures
Final Report to City Council 2015 Schertz Charter Review Commission 13
Additionally, the Charter Review Commission has reviewed various options for transitioning to
additional council seats if approved by the voters. The Commission’s recommendations for
transition options are included at the end of this report.
Final Report to City Council 2015 Schertz Charter Review Commission 14
PROPOSITION 3
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 three-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.
Section 4.06 Vacancies, Forfeiture, Filling of Vacancies.
(a) 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.
Increase the term length for elected officials from 2 years to 3 years in length.
Sec 4.01 Number, Selection and Term
Sec 4.06(c) Filling Vacancies
Sec 9.03 Determination of Election Results
Final Report to City Council 2015 Schertz Charter Review Commission 15
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 most votes for each office
cast in such election, shall be declared elected. In the event no candidate for an elective
office receives a majority of the votes cast for that place in the general or special election,
a run-off election shall be held between the two (2) candidates who received the greater
number of votes. 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.
Proposition 3 Rationale: Again, the Commission looked at the term lengths of 23 cities larger
than Schertz. Fifteen of twenty-three (65%), had term lengths of 3 years versus 2 years. The
Commission felt that increasing to three year terms would allow for more stability for elected
officials; allowing them to focus more on their council requirements and not on campaigning in
their second year. Additionally, transitioning to three-year terms would allow the city to stagger
the elected offices to potentially reduce the frequency of turnover. Presently, 50% of the council
places are up for election every year, transitioning to three-year terms would result in only 33%
of the positions being voted on each year. The Commission noted that an increase to three year
terms would raise the possibility of requiring run-off elections (change to Sec 9.03) and negate
the requirement for Sec 4.06(a)(2), as the Special Election requirement would be mandated by
State Law.
Final Report to City Council 2015 Schertz Charter Review Commission 16
PROPOSITION 4
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 as
provided for in this Charter. 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, a
violation of any state laws regulating conflicts of interest of municipal
officers, or is assessed a deferred adjudication or probation for any state
laws regulating conflicts of interest of municipal officers.
(2) Ceasing to be a resident of the City.
(3) Failure to regularly attend City Council meetings without an approved
absence obtained by a majority vote by City Council either before or after
the absence. There shall be a presumption of failure to regularly attend
when three (3) regular meetings are missed during a term year without
obtaining an approved absence from City Council. 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.
(4) A determination by City Council of the inability or unfitness to promptly
and properly discharge official duties because of a serious mental or
physical defect that did not exist at the time of election.
Provide for Revised Prohibitions, Forfeitures of Office and Hearing Process
Sec 4.06(a) Vacancies and (b) Forfeitures
Sec 4.07 Prohibitions
Sec 4.11 Council Investigations; Hearings; Process
Sec 12.02 Prohibitions
Sec 12.10 Penalties (Addition)
Final Report to City Council 2015 Schertz Charter Review Commission 17
Section 4.07 Prohibitions.
(a) Employment with the City. 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 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.
(e) Conflicts of Interest. It is hereby prohibited for the Mayor or
Councilmember or a City Official to violate the rules and regulations regarding conflicts
of interests as set out in the Texas Local Government Code, Chapter 171 as amended or
its successor. For purposes of this Section term “City Official” means any individual
subject to the requirements of Texas Local Government Code, Chapter 171 as amended
or its successor.
(f) Attorney Client Privilege. It shall be unlawful for the Mayor or a Council
Member to release any attorney-client privileged communication. The City Council as the
governing body of the City solely holds and is entitled to the attorney client-privilege and
it may only be waived by an affirmative vote of two-thirds of the City Council.
Final Report to City Council 2015 Schertz Charter Review Commission 18
Section 4.11 Council Investigations; Hearings; Process
A. General. In addition to any other specific authority of investigation and hearing
provided for in this Charter, the City Council shall have the power to inquire
into the official conduct of any department, agency, appointed boards, office,
officers, employees or appointed board members of the City. For the purpose of
investigations and hearings, the City Council shall have the power to administer
oaths, subpoena witnesses, compel the production of books, papers, and other
evidence material to the inquiry. The City Council shall provide, by ordinance,
penalties for contempt in failing or refusing to obey any such subpoena or to
produce any such books, papers or other evidence. The City Council shall have
the power to punish any such contempt in the manner provided by such
ordinance.
B. Hearings Process for Forfeitures of Office and Prohibitions.
1. All hearings held under this subsection shall be conducted in open session,
except that the City Council may conduct a closed session to get advice from
its attorney pursuant to the Texas Open Meetings Act;
2. The office holder subject to any investigation and/or hearing under this
section shall be entitled to written notice of the allegations of forfeiture
and/or the alleged violation of this Charter as applicable;
3. A special meeting shall be called to hold the hearing;
4. A member of City Council who initiated or is the subject of the
investigation or hearing shall not sit at the dais and shall not participate in
deliberations or vote;
5. City Council shall adopt by ordinance rules of procedures to be followed;
6. The City Council shall state the nature of the hearing and the allegations to
be considered, shall be provided the results of any investigation and a
presentation of the evidence against the office holder including, but not
limited to testimony from individuals;
7. The individual who is subject to the hearing shall be provided an
opportunity to respond to the allegations and present any relevant
evidence including, but not limited to, testimony from individuals;
8. City Council may ask questions of any individual;
9. No public comment shall be allowed;
Final Report to City Council 2015 Schertz Charter Review Commission 19
10. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of
this Charter City Council shall vote on the forfeiture and on the affirmative
vote of two-thirds of City Council declare the office of said office holder to
be forfeited and vacant;
11. In the case of an alleged violation of Section 4.07 of this Charter City
Council may, on the affirmative vote of a majority of the City Council, take
any action it determines to be appropriate including, but not limited to,
directing further investigation, requesting further information, vote to
enforce a penalty pursuant to section 12.10 of this Charter, vote to bring an
action in municipal court, take a vote of censure; or, upon the affirmative
vote of two-thirds (2/3) of City Council, declare the office of said office
holder to be forfeited and vacant.
12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in
the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of
this Charter or of an alleged violation of Section 4.07 of this Charter.
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 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 City position.
Final Report to City Council 2015 Schertz Charter Review Commission 20
(5) With respect to any campaign for election to an office in the City, no person who
holds any compensated 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.
(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.
Section 12.10 Penalty Clause.
A. Criminal Penalty. Any person who by himself or with others violates any provision
of this charter shall, in addition to any other penalty, be guilty of a misdemeanor and
upon conviction thereof shall be punishable by a fine of not more $500.00. City Council
shall enact an ordinance enforcing this section.
B. Civil Penalty. Upon the affirmative vote of two-thirds of the City Council any
person who by himself or with others violates any provision of this charter shall be, in
addition to any other penalty provided for herein, subject to a civil fine of not more
than $500.00.
Proposition 4 Rationale: The Charter Review Commission reviewed multiple areas regarding
“Prohibitions, Forfeitures of Office and Hearing Process” and developed the various elements of
Proposition 4. First, the Commission recommended clarifying the language of Sec 4.06
concerning the circumstances upon which an elected official’s seat may be declared vacant or
forfeited by the incumbent. Second, the Commission recommended replacing the vague
wording of Sec 4.07 regarding conflicts of interest with a reference to the guidelines provided
under Texas Local Government Code Chapter 171 and adding a sub paragraph to address
Attorney Client Privilege communications. Third, the Commission recommends the addition of
a specific process for the City Council to follow concerning conducting hearings for “Forfeiture
of Offices and Prohibitions”. With regards to Sec 12.02 Prohibitions, the Commission
recommended deleting the section in its entirety, as virtually all of the material contained therein
is covered under Texas State Law, or would be better suited in the City’s Employee Policies,
versus the City Charter.
Final Report to City Council 2015 Schertz Charter Review Commission 21
Finally, the Commission recommended adding a new section, Section 12.10 Penalty Clause,
which would spell out penalties for both criminal and/or civil penalties for violation of the city
charter.
Final Report to City Council 2015 Schertz Charter Review Commission 22
PROPOSITION 5
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.
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 fifty days prior to the beginning of each fiscal year.
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.
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.
Provide for a Revision of Article VII, Financial Procedures
Final Report to City Council 2015 Schertz Charter Review Commission 23
(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.
(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.
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 directed by the
City Council.
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.
Final Report to City Council 2015 Schertz Charter Review Commission 24
(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.
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.
Final Report to City Council 2015 Schertz Charter Review Commission 25
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.
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 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.
Final Report to City Council 2015 Schertz Charter Review Commission 26
(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.
(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.
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.
Final Report to City Council 2015 Schertz Charter Review Commission 27
Proposition 5 Rationale: The Charter Review Commission recommends deletion of most
sections of Article VII, Financial Procedures as the information is either directed by State Law or
better suited to be addressed in the City’s Financial Plan versus in the City Charter. The
Commission also recommends decreasing the budget submission timeline to 50 days prior to the
fiscal year instead of 60 days, in order to provide the Finance Department additional time to
prepare and finalize all documentation.
Final Report to City Council 2015 Schertz Charter Review Commission 28
PROPOSITION 6
Section 4.02 Qualifications.
The Mayor and each Councilmember must, at the time of filing for office, have attained the
age of eighteen or older on the first day of the term of office applied for, be a registered
voter of the City of Schertz, and have been a resident of the City for at least six twelve
consecutive months immediately preceding the deadline for filing for an application for
a place on the ballot. 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.
Section 9.01 City Elections.
(a) Regular Elections. The regular City election shall be held on the uniform election
date in November in each calendar year commencing in 2013 or as otherwise
required by applicable State laws. If this provision is approved by the voters in the
election of November 6, 2012, the terms of all members of the City Council serving
following such approval shall end, and their successors’ two-year terms shall
commence, on the following dates: for Councilmembers Place 3, Place 4, and
Place 5 – on the regular election date in November 2013 and as to their
successors commencing on each odd-numbered year thereafter; and for Mayor and
Councilmembers Place 1 and Place 2 – on the regular election date in November
2014 and as to their successors commencing on each even-numbered year thereafter.
(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.
Conduct Elections Pursuant to State Law
Sec 4.02 Qualifications
Sec 9.01 City Elections
Sec 9.02 Candidates
Final Report to City Council 2015 Schertz Charter Review Commission 29
(d) Time of Elections. Regular and special elections may be conducted only on the
dates permitted by applicable State law.
(a) The regular City election shall be held annually on the uniform election
date in November, or at such other times as may be authorized or specified by State
Law, at which time officers will be elected to fill those offices which become vacant that
year.
(b) The City Council shall fix the place for holding such election.
(c) The City Council may, by ordinance or resolution, order a special election,
fix the date and place for holding same, and provide all means for holding such special
election.
Section 9.02 Candidates.
(a) Any person having the qualifications set forth for 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.
1. Any such application shall be in writing, signed by such candidate,
and filed with the City Secretary in accordance with the Texas
Elections Code and this Charter.
2. An application filed in accordance herewith shall entitle such applicant
a place on the official ballot.
(b) A candidate of the City Council shall specify the place number or
position the candidate is seeking.
(c) 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 filing fee shall be waived if the candidate states in writing that payment
thereof will constitute a financial hardship.
Proposition 6 Rationale: The Commission believes that the Qualification section requires
revision in several areas. First, the Commission felt that a clarification was required with
regards to the timing of the age cut-off, favoring a change that would establish the first day of
the elected term as the age to be eighteen, versus an earlier cut-off at the filing deadline.
Final Report to City Council 2015 Schertz Charter Review Commission 30
Second, the Commission felt that that voter status warranted clarification, specifically clarifying
that the candidate must be a registered voter “of the City of Schertz” and residency for elected
office be increased from 6 months to 12 months preceding the filing deadline. Additionally, the
Commission developed clarifying language for Section 9.01, replacing unneeded language that
is addressed under State Law and providing guidance for fixing the place of elections and
guidance on special elections.
Final Report to City Council 2015 Schertz Charter Review Commission 31
PROPOSITION 7
Section 10.03 Petitions.
(a) Number of signatures. Initiative, and referendum, or recall petitions must be
signed by qualified voters of the City equal in number to at least fifty (50) fifteen (15)
percent of the number of voters registered to vote at the last general City election.
total number of qualified voters who voted at the last Mayoral election, but no less
than three hundred (300). Recall petitions must be signed by qualified voters of the
City equal in number to at least twenty (20) percent of the number of voters
registered to vote at the last general City election.
(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:
(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:
Change to Initiative, Referendum and Recall Signature Procedures
Sec 10.03 Initiative and Referendum Petition Signatures
Sec 10.03 Recall Petition Signatures
Final Report to City Council 2015 Schertz Charter Review Commission 32
"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 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.
Proposition 7 Rationale: The Commission discussed the process for citizen petition process for
initiatives, referendums and recalls and expressed concerns in the inconsistency of the current
process. Specifically, the current charter requires petitions signed by qualified voters equal to at
least 50% of the voters who voted in the last Mayoral election. The Commission’s concerns
centered on the inconsistency of voter turnout from one election to the next and the impact it has on
the petition process since voter turnout is typically higher during a Presidential election, as
compared to a non-Presidential election year.
For example, the 2014 general election (non-Presidential election), approximately 7100 voted in the
Mayoral election, which subsequently would have required approximately 3550 signatures on a
petition for an initiative, referendum or recall. In the prior Mayoral election, (2012 Presidential),
approximately 11,100 votes in the Mayoral election were counted, which subsequently would have
required approximately 5550 signatures on a petition for an initiative, referendum or recall, a
difference in the petition process of approximately 2,000 signatures.
Final Report to City Council 2015 Schertz Charter Review Commission 33
The Commission felt that changing the requirement to one based a percentage of total registered
voters, regardless of actual voter turnout would provide a more consistent approach to the petition
process.
The Commission recommended that requiring 15% of registered voters to sign a petition for an
initiative or referendum and 20% for a recall of elected officials is a more reasonable approach, with
a higher threshold required for a recall due to the serious nature of that particular action.
Applying these criteria based on the number of registered voters during the 2012 and 2014
elections, and the current (2015) registrations would have resulted in the following thresholds
required for petition signatures. (NOTE: These numbers are from Guadalupe County only and are
for illustrative purposes. Actual thresholds would be based on the registered Schertz voters from
Guadalupe, Bexar and Comal Counties.)
Election Year Registered Voters
(Guadalupe County Only)
15% Requirement for
Initiative &
Referendum
20% Requirement
for Recall
2012 (Mayor) 20,139 (as of 1 Dec 12) 3020 4027
2014 (Mayor) 20,743 (as of 1 Nov 14) 3111 4148
2015 20,209 (as of 13 May 15) 3031 4041
As reflected in the above table, the process would remain more consistent and alleviate significant
“swings” in the number of signatures required for implementing the petition process.
Final Report to City Council 2015 Schertz Charter Review Commission 34
PROPOSITION 8
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 map to be maintained hereafter by the City Manager 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 as follows: only in accordance with State law.
(i) Prior to disannexing any property of the City a public hearing shall held
before both the City’s Planning and Zoning commission and City Council on
the proposed disannexation.
(ii) Before the 10th day before the hearing date before the Planning and Zoning
Commission, written notice of the public hearing shall be sent to each owner,
as indicated by the most recently approved municipal tax roll, of real
property within 200 feet of the area to be disannexed. The notice may be
served by its deposit in the United States mail, properly addressed with
postage paid.
(iii) Not later than 30 days of completion of the public hearing by the Planning
and Zoning Commission the City Council shall hold a public hearing on the
proposed disannexation. Before the 15th day before the date of the public
hearing, a general description of the property to be disannexed and notice of
the time and place of the hearing must be published in an official newspaper
or a newspaper of general circulation in the City.
Provide for Disannexation Procedures
Sec 1.02(c) Providing for Disannexation Procedures
Final Report to City Council 2015 Schertz Charter Review Commission 35
(iv) Not later than 30 days after the completion of the public hearing conducted
by City Council the City Council may adopt an ordinance disannexing the
property. A metes and bounds description of the property shall be attached
to the ordinance as an exhibit.
Proposition 8 Rationale: Texas Local Government Code Section 43.142 provides that a home-rule
municipality may disannex an area according to rules as may be provided by the charter of the
municipality. Upon review of City Charter the Commission discovered that the current charter does
not provide rules for disannexation developed the proposed these specific procedures and timelines
for the process.
Final Report to City Council 2015 Schertz Charter Review Commission 36
PROPOSITION 9
Section 4.05 Mayor and Mayor Pro-Tem.
The Mayor shall be the official head of the 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 unless another signatory is otherwise
designated 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 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 by the City Council for a term and
pursuant to procedures established by the City Council from time to time. 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
may vote on any matter before the City Council.
Proposition 9 Rationale: The Commission reviewed Section 4.05 and noted the vagueness of the
requirement for signing official documents (ordinances, resolutions, etc…). This section stated the
Mayor would sign “when authorized” by the City Council, but did not address situations if the
Mayor “was not authorized”, nor does it address if the Mayor or another officer of the City is
better suited to sign various documents. The Commission believes that a more appropriate
wording would be to designate the Mayor in the Charter as the official signatory, unless
otherwise designated by the City Council. The revised wording would also afford the City
Council to officially designate others, such as the City Manager or others to sign applicable
documents as appropriate. This revision would also support the current wording of Section
5.03(k) under the City Manager’s Powers & Duties “ He or she shall have the authority to sign
documents in the name of the City as authorized by the City Council.”
Provide for Clarification on Signing Official City Documents
Sec 4.05 Clarifying when Mayor signs documents
Final Report to City Council 2015 Schertz Charter Review Commission 37
PROPOSITION 10
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 may appoint one or more Assistant City Managers and set the compensation for
such appointees.
Proposition 10 Rationale: The Commission discussed Section 5.01 with regards to the last
sentence, on the process of the City Council appointing one or more Assistant City Managers and
setting compensation for such appointees. The Commission believes that the process for “hiring”
Assistant City Managers would be better suited as part of the normal hiring process afforded to the
City Manager in Section 5.03(a), as any Assistant City Manager would operationally report to the
report to the City Manager on a day-to-day basis. The normal hiring process might prove more
effective versus an “appointment process” via the City Council. The Commission noted that the
City Council would retain “effective” control over Assistant City Manager positions and their
salaries, as any such position would require approval (position and grade) as part of the city budget
process.
Clarification for Hiring of Assistant City Managers
Sec 5.01 Appointment; Qualifications; Compensation.
Final Report to City Council 2015 Schertz Charter Review Commission 38
PROPOSITION 11
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.
(c) He or she The City Manager or their designee 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.
Clarify Requirement for City Manager Attendance at Council Meetings
Section 5.03 Powers and Duties of City Manager
Final Report to City Council 2015 Schertz Charter Review Commission 39
(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.
Proposition 11 Rationale: The Commission discussed Section 5.03 and recommended a
modification of the language in subparagraph (c) that required the City Manager to attend all
City Council meetings. The consensus of the Commission was that this was an unrealistic
expectation for the City Manager attendance at all meetings and recommended a revision to
change the requirement to require attendance at all council meetings by “The City Manager or
their designee”.
Final Report to City Council 2015 Schertz Charter Review Commission 40
PROPOSITION 12
Section 6.02 Operational and Personnel Rules Policies.
The City Manager shall be responsible for the preparation of operational and personnel
policies. rules, which rules shall be submitted by him or her to the City Council.
Personnel policies which affect the budget and employee discipline and/or adverse
actions shall be approved by City Council. The City Council may accept and adopt
such rules policies 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 policies and present new proposals at a subsequent meeting.
Operational and administrative policies shall be approved by the City Manager but
shall be provided to City Council for their information.
Proposition 12 Rationale: The Commission discussed Section 6.02 regarding Personnel Rules
and expressed concerns that the current Charter section was an ineffective business process.
The existing process requires the City Manager to prepare such rules and present them to the
City Council, who then has the ability to adopt them, modify and adopt them or reject them
back to the City Manager for additional revisions and subsequent review. In many cases,
employee policies are set by Federal or State law and not subject to discussion. The
Commission felt that the City Manager, as the Administrative Manager of the City should be
charged with developing operational and personnel policies and should be able to adjust said
policies as needed for the effective day-to-day operation of the city. The Commission believes
that the City Council should be provided a copy of the City’s operational and personnel policies
and kept current of any proposed changes and should retain oversight on any policy or policies
that would affect the City budget, employee discipline, or adverse action involving a city
employee.
Clarify Process for Personnel Policies
Sec 6.02 Operational and Personnel Policies
Final Report to City Council 2015 Schertz Charter Review Commission 41
PROPOSITION 13
Section 6.06 City Secretary
(a) 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.
(b) Upon approval by City Council of the position(s), the City Secretary may
hire a deputy or deputies. The Deputy or Deputies shall report directly to the City
Secretary.
Proposition 13 Rationale: The Commission discussed Section 6.06 with regards to the process
of the City Council appointing the City Secretary and his/her deputy or deputies. As with the
Assistant City Manager position(s) the Commission believes that the process for “hiring” a
Deputy or Deputies in the City Secretaries office would be better suited as part of the normal
hiring process, as any Deputies would operationally report to the City Secretary on a day-to-day
basis. The Commission noted that the City Council would retain “effective” control over any
such positions and their grades as part of the city budget process. The Commission also felt
that the current process for appointment of the City Secretary by the City Council is adequate
and did not warrant a change.
Clarification for Hiring of Deputy City Secretaries
Section 6.06 City Secretary
Final Report to City Council 2015 Schertz Charter Review Commission 42
PROPOSITION 14
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 registered voters, residents of and own real property within the City.
Proposition 14 Rationale: The Commission discussed Section 8.01 regarding the Planning and
Zoning Commission and believes that this section is redundant of State Law as covered in Chapter
211 of the Local Government Code and thereby not necessary in the Charter.
Delete Charter Section regarding the Planning & Zoning Commission
Section 8.01 Planning and Zoning Commission.
Final Report to City Council 2015 Schertz Charter Review Commission 43
PROPOSITION 15
Section 10.09 Ordinances Passed by Petition, Repeal or Amendment
No ordinance which may have been passed by the City Council upon a petition or
adopted by popular vote under the provisions of this Article may be repealed or amended
by the City Council for a period of three (3) years from the date said ordinance became
effective and then only upon an affirmative vote of two-thirds (2/3s) of the City Council.
Proposition 15 Rationale: The Commission reviewed Article X and determined that there was
nothing preventing a sitting City Council from rescinding or changing an ordinance adopted by
the City Council in response to an initiative. Nor was there a process for amending or repealing
an ordinance adopted by a popular vote of the residents.
The Commission drafted a proposal to add Section 10.09 which would afford protection to the
citizens, stating that an ordinance passed by popular vote cannot be amended or repealed for a
period of three years from its effective date, and only then with a 2/3rd
majority of the Council
approving the change. In addition, this amendment would provide a mechanism for amending or
repealing an ordinance adopted by popular vote based on changing circumstances.
Add Charter guidance regarding actions that can be taken by the Council on Ordinances
passed by Petition
Sec 10.09 Ordinances Passed by Petition, Repeal or Amendment
Final Report to City Council 2015 Schertz Charter Review Commission 44
PROPOSITION 16
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.
For purposes of this Section term "City Official" means any individual subject to the
requirements of Texas Local Government Code, Chapter 171.
It is hereby prohibited for City Council members or a City Official to violate the rules and
regulations regarding conflicts of interests as set out in the Texas Local Government Code,
Chapter 171.
Proposition 16 Rationale: The Commission reviewed Section 12.01 and felt the current
wording was too vague to be effectively applied to the city. Specifically, our Charter does not
provide adequate definition of “direct” or “indirect” financial interests.
After considerable discussion, the Commission recommends that this section be revised to refer
to the Texas Local Government Code, Chapter 171 which provides more definitive and
measurable standards.
Clarify Personal Financial Interest Prohibitions
Sec 12.01 Personal Financial Interest
Final Report to City Council 2015 Schertz Charter Review Commission 45
PROPOSITION 17
Section 12.05 Charter Review Commission.
The City Council shall periodically appoint a Charter Review Commission which shall
consist of no less than 5 and no more than 11 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 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.
Proposition 17 Rationale: The Commission reviewed Section 12.05, Charter Review
Commission and expressed concerns on the size of the Commission being limited to five (5)
members. Having more input into the revisions process might be more beneficial to the city to
garner additional expertise and expanded dialogue. Additionally, the current process of 5
Charter Commission members, stems from a “tradition” of each of the five current Council
members appointing a member to the Charter Commission. This tradition would be challenged,
if the voters approve an increase to the size of the City Council. The Commission members
discussed the size of the Commission and recommended a proposal that would give flexibility
to the City Council by changing this section to reflect appointing a minimum of five (5) and no
more than eleven (11) members to a Charter Review Commission if approved by the voters.
Provide for a larger Charter Review Commission
Sec Section 12.05 Charter Review Commission.
Final Report to City Council 2015 Schertz Charter Review Commission 46
PROPOSITION 18
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 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 the
first meeting, said first meeting to occur within forty-five (45) days of the date of
appointment. appointment of the Commission, and, iIf 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.
Proposition 18 Rationale: The Commission also expressed concern in Section 12.05, Charter
Review Commission over the timing of the Commission process. The Charter Commission is
provided 180 days to conduct their business and report back to the City Council. Historically,
it appears that the City Council decides to seat a Charter Commission after new members take
office, however; city elections were recently moved from May to November, which means
initial appointments are not made until late in the year and are ultimately affected by the
holiday seasons.
Clarify the term of the Charter Review Commission
Sec 12.05 Charter Review Commission.
Final Report to City Council 2015 Schertz Charter Review Commission 47
This concern was clearly evident this year. The current Commission process was started by
the City Council with initial appointments on 18 Nov 2014. Allowing for 180 days, this gave
the Commission a deadline of 17 May 2015. Compounding our timeline, was the need to get a
replacement Commission member (not accomplished until 16 Dec 14), the impact of several
holidays in November, December and January, and the Commission’s decision to conduct a
thorough review of the entire Charter. As a result, our timeline for meetings and the potential
for additional public input was severely constrained.
The Commission recommends that the timeline of future Charter Commissions be kept on a 180
day maximum timeline, however, the start date needs to be adjusted to account for the
appointment process and holiday schedule. Specifically, the recommendation is to amend the
Charter to allow the Commission 180 days from the start of their first meeting versus the first
appointment. To ensure that future Charter Commissions remain on track, the proposal also
recommends that the first meeting must be scheduled within 45 days of the Council’s
appointments.
Final Report to City Council 2015 Schertz Charter Review Commission
48
PROPOSITION 19
Section 12.09 Disaster Clause.
In the case of a common disaster when a legal quorum of the City Council
cannot otherwise be assembled due to multiple deaths or injuries, the surviving
persons of the City Council, or highest surviving City official, if no elected
official remains, shall, within 24 hours of such disaster, request the highest
surviving officers of the Guadalupe County Commissioners Court to appoint a
number of residents of Schertz, qualified to serve as City Council Members,
equal to the number necessary to make a quorum to act during the emergency as
the City Council. The newly appointed City Council shall call a City election
within 15 days of their appointment, or as provided in the Texas Election Code,
for election of the vacant offices, if for good reasons it is known a quorum of the
present City Council will never again meet. If it is determined that a quorum of
the City Council will meet again, the appointed Council Members shall serve in
their position until such time as the Council Members may begin serving.
Proposition 19 Rationale: The Commission’s final recommendation was based on the lack
of any guidance of how to proceed with City Government in the event of a common disaster
affecting the legal quorum of the City Council and a process to reconstitute the City Council.
Section 12.09 proposed an addition to the Charter that would identify a process if approved
by the voters to reconstitute the City Council in this type of event.
Provide Guidance for Reconstitution of the City Council in the Event of an Emergency
Sec Section 12.09 Disaster Clause.
Final Report to City Council 2015 Schertz Charter Review Commission
49
Charter Review Commission
Recommended Council Transition Plans
As mentioned earlier, the Charter Review Commission, is putting forth two (2)
propositions that can potentially affect the size of the City Council, as well as the term length
of elect officials. Since these propositions must be voted on separately by the voters, there are
four (4) potential outcomes from the November election, and the City must have a plan in place
to implement whichever options are chosen by the voters.
The four possible outcomes are as follows;
a. Voters do not approve either proposition - No Change, so the council will
remain at 5 places, each serving a two year term. Action Required: None
b. Voters approve an increase to the size of the council, but DO NOT approve
longer term lengths. Action Required: The city must have a plan to add two
additional council places to the election process, while maintaining 2-year term
lengths.
c. Voters approve an increase to the term length of elected officials, but DO NOT
approve adding two additional places. Action Required: The city must have a
plan to adjust the term lengths of members elected in the future while
maintaining the size of the council as it is now.
d. Voters approve both propositions; increasing the size of the council and
increasing the term length to three years. Action Required: The city must have
a plan to add two additional council places to the election process, while
increasing the terms to three years.
The Charter Commission discussed all four scenarios at length. In each discussion, the
preference of the Commission was to recommend a plan for each scenario that provided for
the following;
(a) Provide for an orderly transition
(b) Be able to implement is as timely of a manner as practical
(c) Be as fair as possible to current elected officials
(d) Prefer not to have “off years” with no office up for election
Final Report to City Council 2015 Schertz Charter Review Commission
50
As a result of our discussion, the Commission developed the following transition plans and
recommend their use, depending on the outcomes of the November 2015 election.
Two Year Term Transition with 7 Council Members
This plan should be utilized in the event the voters increase the size of the council but DO
NOT increase the term length to three years.
Implementation of this plan will begin in 2016. This is the normal election cycle for the
Mayor and Places 1 and 2. These positions would remain on the 2016 ballot and face election
for a two year term. A new City Council seat, Place 6, would be added to the ballot for a two-
year term. Terms for existing places and the new Place 6 would end in 2018.
In 2017, Council place 3, 4, and 5 would be on the ballot as usual. The City would add a new
Council Place 7 to the ballot for a two-year term. Terms for existing places and the new Place
7 would end in 2019.
Three Year Staggered Term Transition with 5 Council Members
This plan should be utilized in the event the voters DO NOT increase the size of the council
but DO increase the term length to three years.
Implementation of this plan will begin in 2016. This is the normal election cycle for the
Mayor and Places 1 and 2. In this plan, the Mayor would change to a three (3) year term in
2016 and be up for election again in 2019. Places 1 & 2 would remain at two (2) year terms
in 2016 and face election again in 2018.
In 2017, Place 3 would remain at a two (2) year term and face election again in 2019. Places
4 & 5 would change to three (3) year terms and face election again in 2020.
In 2018, Places 1 & 2 would be on the ballot for three (3) year terms.
In 2019, The Mayor and Place 3 would appear on the ballot for three (3) year terms.
In 2020, Places 4 & 5 would appear on the ballot for three (3) year terms.
Three Year Staggered Term Transition with 7 Council Members
This plan should be utilized in the event the voters approve BOTH propositions, increasing
the size of the council AND extending term lengths.
Implementation of this plan will begin in 2016. This is the normal election cycle for the
Mayor and Places 1 and 2. In this plan, the Mayor would change to a three (3) year term in
2016 and be up for election again in 2019. Places 1 & 2 would remain at two (2) year terms
in 2016 and face election again in 2018.
Final Report to City Council 2015 Schertz Charter Review Commission
51
In 2017, Place 3 would remain at a two (2) year term and face election again in 2019. Places
4 & 5 would change to three (3) year terms and face election again in 2020.
In 2018, Places 1 & 2 would be on the ballot for three (3) year terms.
In 2019, The Mayor and Place 3 would appear on the ballot for three (3) year terms.
In 2020, Places 4 & 5 would appear on the ballot for three (3) year terms.
Final Report to City Council 2015 Schertz Charter Review Commission
52
Two Year Term Transition with 7 Council Members
2016
Mayor shall be elected to a two year term to expire 2018
Place 1 shall be elected to a two year term to expire 2018
Place 2 shall be elected to a two year term to expire 2018
Place 6 shall be elected to a two year term to expire 2018
2017
Place 3 shall be elected to a two year term to expire 2019
Place 4 shall be elected to a two year term to expire 2019
Place 5 shall be elected to a two year term to expire 2019
Place 7 shall be elected to a two year term to expire 2019
2018
Mayor shall be elected to a two year term to expire 2020
Place 1 shall be elected to a two year term to expire 2020
Place 2 shall be elected to a two year term to expire 2020
Place 6 shall be elected to a two year term to expire 2020
2019
Place 3 shall be elected to a two year term to expire 2021
Place 4 shall be elected to a two year term to expire 2021
Place 5 shall be elected to a two year term to expire 2021
Place 7 shall be elected to a two year term to expire 2021
2020
Mayor shall be elected to a two year term to expire 2022
Place 1 shall be elected to a two year term to expire 2022
Place 2 shall be elected to a two year term to expire 2022
Place 6 shall be elected to a two year term to expire 2022
2021
Place 3 shall be elected to a two year term to expire 2023
Place 4 shall be elected to a two year term to expire 2023
Place 5 shall be elected to a two year term to expire 2023
Place 7 shall be elected to a two year term to expire 2023
Final Report to City Council 2015 Schertz Charter Review Commission
53
Two Year Term Transition with 7 Council Members
2016 2017 2018 2019 2020 2021
Mayor
Place 1
Place 2
Place 6
Mayor
Place 1
Place 2
Place 6
Mayor
Place 1
Place 2
Place 6
Place 3 Place 3 Place 3
Place 4 Place 4 Place 4
Place 5 Place 5 Place 5
Place 7 Place 7 Place 7
Final Report to City Council 2015 Schertz Charter Review Commission
54
Three Year Staggered Term Transition with 5 Council Members
2016
Mayor shall be elected to a three year term to expire
2019
Place 1 shall be elected to a two year term to expire 2018
Place 2 shall be elected to a two year term to expire 2018
2017
Place 3 shall be elected to a two year term to expire 2019
Place 4 shall be elected to a three year term to expire 2020
Place 5 shall be elected to a three year term to expire 2020
2018
Place 1 shall be elected to a three year term to expire 2021
Place 2 shall be elected to a three year term to expire 2021
2019
Mayor shall be elected to a three year term to expire 2022
Place 3 shall be elected to a three year term to expire 2022
2020
Place 4 shall be elected to a three year term to expire 2023
Place 5 shall be elected to a three year term to expire 2023
2021
Place 1 shall be elected to a three year term to expire 2024
Place 2 shall be elected to a three year term to expire 2024
Final Report to City Council 2015 Schertz Charter Review Commission
55
Three Year Staggered Term Transition with 5 Council Members
2016 2017 2018 2019 2020 2021
Mayor
Place 1
Place 2
Place 1
Place 2
Mayor
Place 1
Place 3
Place 4
Place 5
Place 3 Place 4
Place 5
Place 2
Final Report to City Council 2015 Schertz Charter Review Commission
56
Three Year Term Transition with 7 Council Members
2016
Mayor shall be elected to a three year term to expire
2019
Place 1 shall be elected to a three year term to expire 2019
Place 2 shall be elected to a three year term to expire 2019
Place 6 shall be elected to a two year term to expire 2018
Place 7 shall be elected to a two year term to expire 2018
2017
Place 3 shall be elected to a three year term to expire 2020
Place 4 shall be elected to a three year term to expire 2020
Place 5 shall be elected to a three year term to expire 2020
2018
Place 6 shall be elected to a three year term to expire 2021
Place 7 shall be elected to a three year term to expire 2021
2019
Mayor shall be elected to a three year term to expire 2022
Place 1 shall be elected to a three year term to expire 2022
Place 2 shall be elected to a three year term to expire 2022
2020
Place 3 shall be elected to a three year term to expire 2023
Place 4 shall be elected to a three year term to expire 2023
Place 5 shall be elected to a three year term to expire 2023
2021
Place 6 shall be elected to a three year term to expire 2024
Place 7 shall be elected to a three year term to expire 2024
Final Report to City Council 2015 Schertz Charter Review Commission
57
Three Year Term Transition with 7 Council Members
2016 2017 2018 2019 2020 2021
Mayor
Place 1
Place 2
Mayor
Place 1
Place 2
Place 3
Place 4
Place 5
Place 3
Place 4
Place 5
Place 6
Place 7
Place 6
Place 7
Place 6
Place 7
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