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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


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).


551.074 Evaluation of the Municipal Judges and Prosecutor.


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.


Item number 8 including possible increase in salary.


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


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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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


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


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


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.


(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


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.


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.


(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


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.


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.


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


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.


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


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.


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)


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.


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;


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.


(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.


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.


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


(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.


(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.


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.


(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.


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.


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


(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.


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.


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


"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.


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.


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


(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.


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


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.


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


(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”.


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


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


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.


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


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


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.


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.


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.


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


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.


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.


This plan should be utilized in the event the voters approve BOTH propositions, increasing

the size of the council AND extending term lengths.


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.


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.


52


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



2017





2018





2019





2020





2021






53


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





54


2016

Mayor shall be elected to a three year term to expire

2019



2017


Place 4 shall be elected to a three year term to expire 2020


2018



2019

Mayor shall be elected to a three year term to expire 2022


2020



2021




55


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


56

Three Year Term Transition with 7 Council Members

2016

Mayor shall be elected to a three year term to expire

2019





2017




2018



2019

Mayor shall be elected to a three year term to expire 2022



2020




2021




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