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1981F25- REPEALING ORDINANCE NO.61 ORDINANCE NO. ?if - F-~ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT ALL WATER, TELEPHONE, TELEGRAPH, ELECTRIC AND GAS ASSOCIATIONS, ORGANIZATIONS, COMPANIES AND CORPORATIONS SHALL FILE WITH THE CITY OF SCHERTZ, TEXAS, A LIST OF ALL RATES CHARGED USERS FOR THEIR SERVICE; PROVIDING A PENALTY FOR VIOLATION; REPEALING ORDINANCE NO. 61 OF THE CITY OF SCHERTZ; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY 'COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I. That all water, telephone, telegraph, electric, and gas asso- ciations, organizations, companies and corporations using the streets, highways, boulevards, alleys, easements, parks and public grounds within the City of Schertz, Texas shall at all times have on file with the City Secretary of the City of Schertz, Texas, a schedule of all rates in effect charged consumers of such water, gas, electricity, or users of telephone and telegraph service in the City of Schertz, Texas. That all such electric, water, gas, and telephone and telegraph associations, organizations, companies and corporations shall within thirty days after the effective date of this ordinance deliver to the City Secretary of Schertz, Texas, a schedule of rates hereinabove specified. SECTION 2. That no change in any such rates shall ever be effective until approved by the City Council of the City of Schertz, Texas. SECTION 3. That any person, association, organization, company or corpora- tion violating this ordinance shall be guilty of a misdemeanor, and upon conviction shall be subject to a penalty of not more than two hundred dollars ($200.00). Each and every day or fraction of a day during which this ordinance is violated shall be considered a separate offense and punishable as such. SECTION 4. If any section, paragraph, subdivision, clause, phrase or pro- vision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provisions thereof other than the part so decided to be invalid or unconstitutional. SECTION 5. This ordinance does not, nor do any of the provisions hereof grant, and they shall not be construed to grant, any water, telephone or telegraph, electric, or gas association, organization, company, or corporation a franchise to use the streets, boulevards, highways, ease- ments, alleys or public ways of the City of Schertz, Texas. SECTION 6. This ordinance does not nor shall it be construed to affect, alter, modify or revoke the right of the City Council to fix rates for prescribed reasonable rules and regulations for the operation of water, electric, telephone or telegraph, and gas associations, organizations, companies, or corporations as same as may now or hereafter be provided by law. SECTION 7. That ordinance number 61, passed and approved by the City Council on November 16, 1961, providing that all water, electric, tele- phone and telegraph, and gas companies shall file with the City of Schertz, Texas, a list of all rates charged users of their services, is hereby repealed. SECTION 8. The public importance of this measure constitutes and creates an urgent public necessity requiring that,this ordinance be passed and take effect as an emergency measure, and shall take effect and be in force immediately upon and after its passage. PASSED, APPROVED AND ADOPTED this the fA- day of . j rJr~~ J 19 ~( J / / ATTEST: chertz THE STATE OF TEXAS I COUNTY OF GUADALUPE I CITY OF SCHERTZ I On this the 1 day of September 1981, at 7:00 o'clock P.M., the City Council of the City of Schertz, Texas, convened at a regular meeting at the regular meeting place in the Municipal Building of said City in the City of Schertz, Texas, which meeting was at all times open to the public, and at which meeting the following members were present, to wit: MAYOR COUNCI LMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER 11.~rk M <\tnm.-=trkin] ~r Richard L. Howe Barbara Taylor Jeff Duffield Earl W. Sawyer Jacqueline Lawler ABSENT AND June G. Krause CITY SECRETARY .Jimmy r, r,i1p'MP CITY MANAGER There being a quorum present, the meeting was called to order by the Mayor; and, among other proceedings had were the following: The Mayor introduced the following captioned ordinance which was read in full by the Mayor Council member Sawyer moved that said ordinance be considered by the Council as an emergency measure, which motion was seconded by Councilmember Lawler Whereupon said motion was fully discussed and considered. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES: Counc il members Howe," Tayl or,/ Duffi el d,-Sawyer and Lawl er NAYS: None The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Councilmember Sawyer and seconded by Councilmember Lawler that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler NAYS: None I ~H' '" "'" '~":";1-"":"'i'" '~::"./',:',i\, ,,:,,',;"'< "..:.'::::,:_c:",,:\;.:'/ - ,'0", )J'" :.,:..._-',........ ",' ", '.":"'~,-' ...... ,...,::...,.,....:'h"........,t<<, .,-,",'_ _ OOJ<:< 12~'EdSt8yrd PO. 80121$9 UnlV-sol,(lty. TtlXQI. 18141\ (S12) 6S6-?4~4 ~l!llllN(", 1~U3NjJJ-"t~"1,~rQ Si:w'lFWOf\l().l~ 76l!i;. (512) 349.'jQ~ PlfrlLISHER'S MHlJAVIT COUNTY OF BEXAH) grATE OF' TEX;~S) I, Therese A Soares , aU1.hori:oed repr"senLative of' tile Herald Newspaper Group, do sol"mnly slolcar that the: notice., a printed copy of vhich is h"r~to attached, was publish~(l once a week for 1 consecutive weeks in the Northsidej NortheastjNorthlolest Herald, published Be Uoiversal City, Bexar County, Texas, on the folloving dates, to.w1L; September 10, A.D., 1981. Subscribed and slolorn to befure ~u\Q. Q.~JuA- ilerald Newspaper Group me, ChiS~. day of ~ 19-41-. (jZJ)rtrr.rJ~ U~ Notary Public in and for Bextir Coun l.y, ffexas. Herold Publishing Company of Texas ORDINANCE NO. 810pozs An ordinance by the ci- ty council of the City of Schertz. Texas, pro. viding that all watr, i telephone, telegraph, I I electric and gu 888oda- I' tions, organizations, companies and COrpora- I tions shall file with the City of SchertZt Texas, a list of all rates charged users for their service; providing a penalty for violation; repealing Or- diance No., 61 of the City of Schertz; and declaring an emergency. P888ed, approved and adopted the 1st day of September 1981. June G. Krause City Secretary