Min CC 02/19/1981 MINUTES OF CIBOLO CITY COUNCIL MEETING - FEBRUARY 19, 1981
1. CALL TO ORDER: 7:00 P.M.
2 . QUORUM CHECK: Mayor John A. Sippel, Council-members Josie Nirider,
i� Marge Smith, Bill Wiederstein, Sig Swenson, Gerald
Thurman; Chief of Police Jeronimo Marin, Jr.;
City Clerk Iva Anacker and City Secretary Barbara
Glenewinkel
3. INVOCATION: Bill Niederstein
4. MINUTES: Sig Swenson (Marge Smith) moved the minutes of
February 5, 1981 meeting be approved. All approved.
5. NEW BUSINESS: A. Mrs. Rita Armstrong's request to be allowed to place
an 8' x 35' trailer on the rear portion of her lot in
Green Valley Park was brought before the Council.
Mrs . Armstrong is to use the trailer as a workshop only
(not a residence) with no sewer and water connections.
She wanted to be sure she would not be violating any
City ordinances .
Bill Wiederstein (Gerald Thurman) made a motion that
the city grant Mrs . Armstrong's request to place an ad-
ditional mobile home on her lot in Green Valley Park;
that as far as the City is concerned they have no
objections to the trailer so long as it is used as a
workshop as stated. All approved.
B. City Elections - April 4, 1981
1 . Sig Swenson (Jo Nirider) moved the Order of
Election be approved as read. All approved.
2 . Marge Smith (Gerald Thurman) moved the election judge
and workers for the city election be approved.
They are Fred Wiedner, Judge; Ellis Sassman, Alt.
Judge and Worker; Modesta Flores Interpreter and
Worker. All approved.
C. Ordinance #280 A-.endment
Bill Wiederstein (Marge Smith) moved that an amendment
to Ord. #280 be approved. All approved.
The amendment states that if any provision of Ord. #28o
is in confl'ct with any ordinance with any utility
company, corporation, or firm adopted prior to this
ordinance, that utility company, corporation, or firm
shall be exempt from compliance with that provision
in conflict and shall not invalidate the provisions in
this ordinance.
D. Rentals at Park
The Council was advised of rental fees established
at Park by City Secretary and Park Commissioner
Fred Niemietz. The fees met with their approval. The
fees are:
Ball Diamond Rental $6.50 per hr.
Concession Stand 5.00 per night
Recreation Building 3 .00 per hr.
E. City Health Officer
A letter was read from the Texas Department of Health
inquiring about the appointment of a Health Officer
for the City. No decision was made.
F . Emergency Management Ordinance #284 was read for the
final time.
G. Sig Swenson (Gerald Thurman) moved the Council
approve the purchase of a tape recorder, the amount
to be spent approximately $100.00. All approved.
H. Water System Expansion
The possibility of expanding the city water lines
from the intersection of FM 1103 to the Town Creek
Subdivision was discussed. Mr. Sippel had earlier dis-
cussed the matter with Tom Anderlitch who said the
City was sound, financially, and was in a position to
purchase Junior Lien Bonds when they are ready to expand
the lines .
I. Councilmember Jo Nirider attended a gathering in -Seguin,
also attended by the Texas Governor's wife, Rita
Clements and former Gov. Connally's wife, Nellie, to
view Seguin's Main Street Project progress. The Main
Street project is a federal and state supported project
to renovate and revitalize the down town areas of
chosen towns across the U.S.
6. BILLS TO BE APPROVED: Jo Nirider (Marge Smith) moved the bills be approved
for payment. A111 approved.
7. ADJOURNMENT: Marge Smith (Jo Nirider) moved the meeting be adjourned.
J SIPPEL, Y R
OF CIBOLO
BARBARA L. GLENEWINKEL
CITY SECRETARY
•
16.4132—ORDER OF PROCEDURE FOR CITY OFFICER ELECTION (1277) Hart Graphics,Austin,Texas
Order Establishing Procedure For City
Officers' Election
THE STATE OF TEXAS
CITY OF C IB OL 0
On this the 19 day of FEBRUARY ,19-B.I_,the City Council/Commission'
of the City of :_- CIBOLO , Texas, convened in REQUI N9 session,
open to the public, at the regular meeting place-thereof with the following members present, to-wit:
JORN A _ STPPET. , Mayor,
ARGE SMTTR , Alderman/Commissioner'
WTT,TTAM WTLLTAM , Alderman/Commissioner'
ST(; STATF' TSnM Alderman2
JOSIE NIRIDFR Alderman2
GERALD T_HURMA N Alderman2
BARBARA GLENEwINKEL ___, City Secretary/Clerk'
and the following absent: NONE , constituting a quorum, and
among other proceedings had were the following:
Alderman/Commissioner' introduced a resolution and order
and moved its adoption. The motion was seconded by Alderman/Commissioner' ,
and the motion carrying with it the adoption of the resolution and order prevailed by the following vote,
AYES:
NOES:
The resolution and order are as follows:
Whereas the laws of the State of Texas provide that on A PR TT. 1 191_,there
shall be elected the following officials for this city:
MAYOR2
2 Alderman2 Two Commissioners2
(Number of)
8 -
Whereas the laws of the State of Texas further provide that the Election Code of the State of Texas is
applicable to said election;and in order to comply with said Code, an order should be passed establishing
the procedure to be followed in said election, and designating the voting place for said election.
THEREFORE, BE IT ORDERED BY THE CITY COUNCIL;/COMMISSION'
OF THE CITY OF, , TEXAS:
That all independent candidates at the election to be held on
for the above mentioned offices file their applications to become candidates with the Mayor of this City at
on or before 30 days
before the date of said election;
That all of said applications shall be substantially in the following form:4
To the Mayor of the City of , Texas:
I hereby request that my name be placed upon the official ballot for the election to be held on the
da of , 19 , as a candidate for
of said City, and I hereby certify that I am eligible to hold such office under the constitution and laws of this
state.5
My occupation is
The county of my residence is County.
My post office address is
My age is years. Length of residency in State: years; in above named city:
years or months. - I 1-0
I am not disqualified or ineligible to hold the above mentioned office and meet all qualifications therefor.
Please place my name on the official ballot as follows:
(print or type candidate's name here)
DATED this the day of 19—
Name
9 .Name of Candidate
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared ,
who being by me here and now duly sworn upon oath states that all of the facts and information stated in
the above application are true and correct.
Signature of Candidate
Subscribed and sworn to before me by the said—
this the day of , 19 to certify which witness my hand and seal of office.
Notary Public, County, Texas
All candidates shall file with said application the loyalty affidavit required by Article 6.02 of the Election
Code.
That the Secretary/Clerk' of this City shall, in accordance with the terms and provisions of Article
13.32 of the Election Code, post in his office the names of all candidates who have been certified to him by
the Chairman of the Executive Committee of any party holding a primary election for said above mentioned
offices, and the names of all independent candidates who have filed their applications in accordance with the
terms and provisions of this order, and said names shall be posted at a conspicuous place in said office for
at least 10 days before said Secretary/Clerk' orders the same to be printed on the ballot for said election.
This city,having election precinct_—, said election shall be held at the following place—
in said city:
1. In Election Precinct No, at Building.
2. In Election Precinct No. at Building.2
3. In Election Precinct No. at Building.2
4. In Election Precinct No. at Building.2
The City Secretary/Clerk' is hereby authorized and instructed to provide and furnish all necessary elec-
tion supplies to conduct said election.
The order in which the names of the candidates are to be printed on the ballot shall be determined by a
drawing by the City Secretary as provided by Article 6.05 c. Subd. 3.
The Mayor shall give notice of this election in accordance with the terms and provisions of Article 4.05
of the Election Code and returns of said notice shall be made as provided in said Article 4.05, and the Mayor
shall issue all necessary orders and writs for said election and returns of said election shall be made to the
Council/Commissioners' immediately after the closing of the polls.
It is further found and determined that in accordance with the order of this governing body the
Secretary/Clerk' posted written notice of the date, place and subject of this meeting on the bulletin board
located in the City Hall, a place convenient and readily accessible to the general public, and said notice having
been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of
said meeting. A copy of the return of said posting shall be attached to the minutes of this meeting and shall
be made a part thereof for all intents and purposes.
PASSED, APPROVED AND ADOPTED this the ��� aw of , 19 .
,
ATTEST: M ye
Secretary/Clerk
(1) Strike one not applicable.
(2) Strike if not applicable.
(3) If Aldermen are elected by the place system,insert the place to he filled.
(4) This application is available as a separate form. Order Form 16-2396—Request to Place Name on City Officer Election Ballot.
(5) Art.1.05 of the Election Code and Art.987.
ORDINANCE AMENDMENT # 280
ORDINANCE # 280 IS HEREBY AMENDED TO READ AS FOLLOWS:
IF ANY PROVISION OF THIS ORDINANCE IS IN CONFLICT WITH ANY ORDINANCE WITH
ANY UTILITY COMPANY, CORPORATION, OR FIRM, ADOPTED PRIOR TO THIS ORDINANCE,
THAT `UTILITY COMPANY, CORPORATION, OR FIRM SHALL BE EXEMPT FROM COMPLIANCE
WITH THAT PROVISION IN CONFLICT AND SHALL NOT INVALIDATE THE PROVISIONS
IN THIS ORDINANCE.
PASSED AND APPROVED THIS THE �L� DAY OF � 1981.
CITY OF CIBOLO ---BILLS TO BE APPROVED -- ,FEBRUARY_ 19, 1981
UTILITIES
\ SOUTHWESTERN BELL TELEPHONE 39 .71
OFFICE
BARBARA L. GLENEWINKEL REIMBURSEMENT - 4.06
CASSETTE TAPES
WUEST SUPE MARKET SUPPLIES 6 .33
HERALD PUBLISHING CO PUBLISHING EXPENSES 13 .60
AURIC UNITED CORP COPIES 81 .65
POLICE
T & M AUTO PARTS ALT. BRACKET 15.40
POLICE CAR
T
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE
EMERGENCY MANAGEMENT WHICH INCLUDES THE PREVENTION
rMITIGATION, RESPONSE AND RECOVERY PHASES OF CIVIL
PREPAREDNESS ; ACKNOWLEDGING THE OFFICE OF CIVIL
PREPAREDNESS DIRECTOR; AUTHORIZING THE APPOINTMENT
OF A CIVIL PREPAREDNESS COORDINATOR; AND PROVIDING THE
DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING
AN OPERATIONAL ' ORGANIZATION; GRANTING NECESSARY POWERS
TO COPE WITH ALL PHASES OF EMERGENCIES WHICH THREATEN
LIFE AND PROPERTY IN THE CITY OF CIBOLO:
AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR
RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES
AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED
WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A
MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $ p��
WHEREAS , the City Council of the City of Cibolo finds that the
identification of potential hazards and the prevention or mitigation of
their effects must be an on-going concern of the City if the lives and
property of the populace are to be protected ; and
WHEREAS , the City Council hereby declares that the preparation of
a plan, and the means for its implementation, for the protection of
lives and property in the City of Cibolo from natural or man-caused
disasters or threat thereof is immediately essential ; and
WHEREAS , the City Council further finds that in times of
emergencies which may imperil the safety of the inhabitants of the
City, or their property, it becomes necessary to effectuate and place
into operation the preconceived plans and preparations with a minimun
of delay; and
WHEREAS , the City Council finds, therefore , 'that the preparation ,
adoption, and implementation of such plans are now imperative;
--BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO:
Section 1 . There exists the office of Civil Preparedness
Director of the City of Cibolo, which shall be held by the Mayor in
accordance with State Law.
(a) . A Civil Preparedness Coordinator may be appointed by
and serve at the pleasure of the Director;
I
(b) . The Director shall be responsible for conducting a
program of comprehensive emergency management within the city and for
carrying out the duties and responsibilities ' set forth in Section 4 of
this ordinance. He may delegate authority for execution of these
duties to the Coordinator , but ultimate responsibility for such
execution shall remain with the Director.
Section 2. The powers and duties of the Director shall
include an on-going survey of actual or potential major hazards which
threaten life and property within the city; and an on-going program of
identifying and requiring or recommending the implementation of
measures which would tend to prevent the occurrence or reduce the
impact of such hazards if a disaster did occur . As part of his
responsibility in hazard mitigation., the Director shall supervise the
� development of an emergency operations plan for the City of Cibolo , and
shall recommend that plan for adoption by the City Council along with
any and all mutual aid plants and agreements which are deemed essential
for the implementation of such emergency operations plan. The powers
of the Director shall include the authority to declare a state of
emergency, but such action may be subject to confirmation by the City
Council at its next meeting. The duties of the Director shall also
include the causing of a survey of the availability of existing
,personnel , equipment, supplies , and services which could be used during
an emergency, as provided for herein, as well as a continuing study of
the need for amendments and improvements in the emergency operations
plan.
Section 3. The Mayor is hereby authorized to join with the
County Judge of the County of Guadalupe and the mayors of the other
cities in said county in the formation of a Disaster Services Council
for the County of Guadalupe and shall have the authority to cooperate
in the preparation of a joint emergency operations plan and in the
appointment of a joint Civil Preparedness Coordinator, as well as all
powers necessary to participate in a county-wide program of emergency
preparedness insofar as said program may affect the City of Cibolo.
Section 4 . The duties and responsibilities of the Civil
Preparedness Director shall include the following:
(a) . The direction and control of the actual emergency
operations of the Cibolo Civil Preparedness organization as well as the
training of Civil Preparedness personnel .
(b) . The determination of all questions of authority and
responsibility that may arise within the Civil Preparedness
organization of the City.
(c) . The maintenance of necessary liaison with other
municipal, county, district, State, regional, Federal, or other Civil
Preparedness organizations .
(d) . The marshaling , after declaration of an emergency as
provided for above, of all necessary personnel, equipment or supplies
from any department of the City to aid in the carrying out of the
provisions of the emergency operations plan. ]
(e) . The issuance of all necessary proclamations as to the
existance of an emergency and the immediate operational effectiveness
of the City of Cibolo emergency operations plan.
(f) . The issuance of reasonable rules, regulations or
directives which are necessary for the protection of life and property
in the City of Cibolo. Such rules and regulations shall be filed in
the office of the City Secretary and shall receive widespread publicity
unless publicity would be of aid and comfort to the enemy.
(g ) . The supervision of the drafting and execution of mutual
aid agreements , in cooperation with the representatives of the State
Y and of other local political subdivisions of the State, and the
drafting and execution , if deemed, desirable , of an agreement with the
County in which said city is located and with other municipalities
within the county, for the county-wide coordination of Civil
Preparedness efforts.
(h) . The supervision of , and final authorization for the
procurement of all necessary supplies and equipment, including
yacceptance of private contributions which may be, offered for the
purpose of improving Civil Preparedness within the City.
( i) .. The authorizing of agreements , after approval by the
City Attorney, for use of private property for public shelter and
other purposes .
Section 5 . The operational Civil Preparedness organization
of the City of Cibolo shall consist of the officers and employees of
the City so designated by the Director in the emergency operations
plan, as well as all orgainized volunteer emergency preparedness
associations or groups. The functions and duties of this organization
shall be distributed among such officers and employees in accordance
with the terms of the emergency operations plan. Such plan shall set
forth the form of the organization, establish and designate divisons
and functions , assign tasks , duties and powers , and designate officers
and employees to carry out the provisions of this ordinance. Insofar
as possible , the form of orginization , titles , and terminology shall
conform to the recommendations of the State Divisions of Disaster
Emergency Services of the State of Texas and of the Federal Goverment .
Section 6. Any unauthorized person who- shall operate a
siren or other device so as to simulate a warning signal , or the
termination of a warning, shall be deemed guilty of a violation of
this ordinance and shall be subject to the penalties imposed by this
ordinance.
Section 7. At all times when the orders , rules , and
regulations made and promulgated pursuant to this ordinance shall be in
effect , they shall supersede and override all existing ordinances ,
orders, rules, and regulations insofar as the latter may be
inconsistent therewith .
Section 8. This ordinance shall not be construed so as to
conflict with any State of Federal statute or with any military or
naval order , rule , or regulation .
Section 9. This ordinance is an exercise by the City of its
governmental functions for the protection of the public peace, health,
and safety and neither the City of Cibolo , the agents and
representatives of said City, nor any individual, receiver, firm,
partnership, corporation , association , or trustee , nor any of the
agents thereof,
f
in good faith carrying out , complying with or attempting to comply
with, any order, rule or regulation promulgated pursuant to
the provisions of this ordinance shall be liable for any damage
Y sustained to persons as the result of said activity. Any person owning
or controlling real estate or other premises who voluntarily and
without compensation grants to the City of Cibolo a license of
privilege , or otherwise permits the City to inspect , designate and use
the whole or any part or parts of such real estate or permises for the
purpose of sheltering persons during an actual , impending or practice
enemy attack shall, together with his successors in interest, if any,
not be civilly liable for the death of, or injury to , any person on or
about such real estate or permises under such license, privilege or
'other permission or for loss of, or damage to , the property of such
person.
Section 10. No person shall have the right to expend any
public funds ot the City in carrying out any Civil Preparedness
activity authorized by this ordinance without prior approval by the
City Council, nor shall 4ny person have any right to bind the City by
contract , agreement or otherwise without prior and specific approval of
the City Council.
Section 11 . It shall be unlawful- for any person willfully
to obstruct, ander, or delay any member of the Civil Preparedness
organization in the enforcement of any rule or regulation issued
pursuant to this ordinance, or to do any act forbidden by any rule or
regulations issued pursuant to the authority contained in this
ordinance. It shall likewise be unlawful for any person to wear, carry
or display any emblem, insignia or any other means of identifiction as
a member of the Civil Preparedness organization of the City of Cibolo,
unless authority to do so has been granted to such person by the proper
officials. Convictions for violations of the provisions of this
ordinance shall be punishable by fine not to exceed
dollars
Section 12. Each employee or any individual that is
assigned a function or responsibility shall solemnly swear or affirm
to support and defend the Constitution of the United States , laws of
the State of Texas and the Ordinances of the City of Cibolo.
Section 13. If any portion of this ordinance shall , for any
reason, be declared invalid, such invalidity shall not affect the
remaining provisions,, thereof.
Section 14. All ordinances , parts 'of ordinances, or
resolutions in conflict herewith are expressly repealed.
READ and APPROVED on first reading !this the /36 day of
1980.
READ and APPROVED on second reading this the day of
1981.
D
- P
Ma "!'
C ' t of Cibolo , Texas
ATTEST: ;
City Secretary