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74-E-26 " -,~ , " " THE STATE OF TEXAS x COUNTY OF GUADALUPE x CITY OF SCHERTZ x On this, the 2nd day of July, 1974, at 7:00 o'clock P.M., the City Council of the City of Schertz, Texas, convened for a regular meeting at the regular meeting place in the Munici- pal Building of said City, which meeting was at all times open to the public, and at which meeting the following members were present, to-wit: ROBERT C. BUEKER MRS. NELL G. FUNK ROBERT E. SCHWARTZ DONALD J. SEEBA MRS. BOBBIE L. KOCH T0l1 KOo.LE MAYOR COUNCILI'1OMAN COUNCILMAN COUNCILNAN COUNCILWOMAN COUNCILMAN AND MRS. JUNE G. KRAUSE DENNY ARNOLD CITY SECRETARY 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 City Secretary. Councilmember !Z"~"/ moved that said ordinance be considered by the Coun- cil as an emergency measure. ~,,~ Said motion was seconded by Council- member Whereupon said motion was fully discussed and considered. The Mayor put the motion to con- sider 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: All members of said City Council shown present above voted "AYE" NOES: None.. The Mayor then introduced the hereinafter set forth or- dinance as an e~ measure. 51 ~ Thereupon it was moved by Council- member and seconded by Councilmember '. " qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified, officially and personally, in advance, of 'the time, place and purpose of said meeting and that said ordinance would be considered for adoption at said meeting; that each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the time, place and purpose of said meeting was given as required by law. WITNESS OUR HANDS 2nd day of July, 1974. 9k",ji k, ,.<W~ ity Secretary (SEAL) AND THE SEAL OF SAID CITY this, the ,tLL C-73,~~ Mayor CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS COUNTY OF GUADALUPE CITY OF SCHERTZ x X X We, the undersigned Mayor and City Secretary of the City of Schertz, Texas, DO HEREBY CERTIFY as follows: I. On this, the 2nd day of July, 1974, at 7:00 o'clock P.M., the City Council of the City of Schertz, Texas, convened for a regular meeting at the regular meeting place in the Munici- pal Building of said City, which meeting was at all times open to the public, and at which meeting the following members were present, to-wit: ROBERT C. BUEKER MRS. NELL G. FUNK ROBERT E. SCHWARTZ DONALD J. SEEBA I1RS. BOBBIE L. KOCH TOM KOOLE MAYOR COUNCILWOMAN COUNCILMAN COUNCILMAN COUNCILWOMAN COUNCILMAN AND MRS. JUNE G. KRAUSE DENNY ARNOLD CITY SECRETARY 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 fead in full by the City Secretary. Councilmmember ~'~~J moved that said ordinance be considered by the Council as an eme~genxy measure. Said motion was seconded by Council- member dg.~ . 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 t?e following vote: AYES: All members of said City Council shown present above voted "AYE" NOES: None. The dinance as an member Mayor then introduced the hereinafter set forth or- measure. Thereupon it was moved by Council- and seconded by Councilmember that said ordinance re finally passed put the motion to a vote of the members the ordinance was finally passed and adopted and adopted. The Mayor of the City Council and by the following vote: AYES: All members of said City Council shown present abo~e voted l'AYE'1 NOES: None. 2. That a true, full and correct copy of the aforesaid ordinance adopted at th& meeting described in the above and fore- going paragraph is attached to and follows this certificate; that said ordinance has been duly recorded in said Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said Council's minutes of said meeting pertaining to the adoption of said ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, '. KoJu . that said ordinance re 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: All members of said City Council shown present above voted "AYE" NOES: None. 110. 7'1-E-P0 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CAL~ING A BOND ELECTION TO BE HELD IN SAID CITY ON THE 27TH DAY OF JULY, 1974, FOR THE PURPOSE OF SUBMITTING TO ALL RESIDENT QUALIFIED ELECTORS OF THE CITY OF SCHERTZ WHO OWN TAXABLE PROPERTY IN SAID CITY AND WHO HAVE DULY RENDERED THE SAME FOR TAXATION, AND TO ALL OTHER RESIDENT QUALIFIED ELECTORS OF THE CITY OF SCHERTZ, TEXAS, VOTING SEPARATELY FOR THEIR ACTION THEREUPON, TWO (2) CERTAIN PROPOSITIONS CONCERNING AND RELATING TO THE ISSUANCE OF REVENUE BONDS OF SAID CITY, ONE PROPOSITION CONERNING AND RELATING TO THE ISSUANCE OF $750,000 OF REVENUE BONDS OF SAID CITY TO IMPROVE AND EXTEND THE WATERWORKS SYSTEM OF SAID CITY, AND THE OTHER PROPOSITION CONCERNING AND RELATING TO THE ISSUANCE OF $50,000 OF REVENUE BONDS OF SAID CITY TO IMPROVE AND EXTEND THE SANITARY SEWER SYSTEM OF SAID CITY, SUCH BONDS IF AUTHORIZED AT SAID ELECTION TO BE PAYABLE BOTH AS TO PRINCIPAL AND INTEREST SOLELY FROM AND SECURED BY A FIRST LIEN ON AND PLEDGE OF THE REVENUES OF THE CITY'S COMBINED WATERWORKS AND SANITARY SEWER SYSTEM AFTER DEDUCTION OF REASONABLE EXPENSES OF OPERATION AND MAINTENANCE, AS SAID EXPENSES ARE DEFINED BY STATUTE, AND UPON THE ACQUISITION BY SAID CITY OF AN ELECTRIC LIGHT SYSTEM AND/OR NATURAL GAS SYSTEM, TO THEN AND THEREUPON AND THEREAFTER HAVE IT PROVIDED THAT SAID BONDS SHALL BE PAYABLE BOTH AS TO PRINCIPAL AND INTEREST SOLELY FROM AND SECURED BY A FIRST LIEN ON AND PLEDGE OF THE REVENUES OF THE CITY'S COMBINED ELECTRIC LIGHT, WATERWORKS, SANITARY SEWER AND NATURAL GAS SYSTEM, AFTER DEDUCTION OF REASONABLE OPERATION,AND MAINTENANCE EXPENSES, AS SAID EXPENSES ARE DEFINED BY STATUTE; AND FOR THE PURPOSE OF SUBMITTING TWO (2) SEPARATE PROPOSITIONS CONCERNING AND RELATING TO THE ISSUANCE OF GENERAL OBLIGATION TAX BONDS OF SAID CITY; ONE OF SAID PROPOSITIONS CONCERNING AND RELATING TO THE ISSUANCE OF $125,000 OF GENERAL OBLIGATION BONDS OF SAID CITY TO CONSTRUCT PERMANENT IMPROVEMENTS TO LAND AND BUILDINGS FOR PARK PURPOSES; AND THE OTHER PROPOSITION CONCERNING AND RELATING TO THE ISSUANCE OF $200,000 OF GENERAL OBLIGATION BONDS OF SAID CITY TO CONSTRUCT A PERMANENT PUBLIC BUILDING WITHIN SAID CITY TO BE USED AS A MUNICIPAL BUILDING FOR SAID CITY; AND THE LEVY OF THE NECESSARY TAX FOR PAYMENT OF THE GENERAL OBLIGATION BONDS AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF SAID ELECTION; DECLARING AN EMERGENCY; AND ENACTING OTHER PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE. WHEREAS, the City of Schertz, Texas, owns its own Water- works System and its own Sanitary Sewer system, and this City Council finds that it is necessary and'desirable and for the public health, good and welfare that the City make certain improvements and extensions to its waterworks and Sanitary Sewer Systems; and WHEREAS, the City of Schertz, Texas, owns certain land and buildings presently being used for park purposes, and this City Council finds that it is necessary and desirable to make certain permanent improvements to said land and buildings; and WHEREAS, this City Council finds that the City and its inhabitants are in need of a permanent public building to be used as a municipal complex for said City; and WHEREAS, in order to obtain the funds to make the ne- cessary improvements to the Waterworks and Sanitary Sewer Systems of said City and to make the aforesaid park improvements and to construct the aforesaid municipal building, this City Council now desires to submit to the resident qualified electors of the City of Schertz, Texas, who own taxable property in said City and who have duly rendered the same for taxation, and to all other resident qualified electors of said City, for their action thereupon, the four (4) propositions hereinafter set forth for the grant of the authority therein contained; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I That an election be held in the City of Schertz, Texas, on SATURDAY, JULY 27, 1974, which is not less than fifteen (15) nor more than thirty (30) days from the date of this ordinance, at which election there shall be submitted to all resident qualified electors of the City of Schertz who own taxable property therein and who have duly rendered the same for taxation, and to all other resident qualified electors of the City of Schertz, voting separately for their action thereupon, the following four (4) propositions, to-wit: PROPOSITION NO. I "Shall the City Council of the City of Schertz, Texas, be authorized to issue SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) of revenue bonds of said City for the purpose of securing funds to be used for improving and extending the Waterworks System of said City; said bonds to mature serially over a period not to exceed forty (40) years from their date, as may be determined by the City Council of said city; and any issue or series of said bonds to bear interest per annum at any rate or rates as shall be determined within the discretion of the City Council of said City, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; said revenue bonds to be special obligations of the City of Schertz, Texas, payable both as to principal and interest solely from and secured by a first lien on and pledge of the reve- nues of the City's combined Waterworks and Sanitary Sewer Systems, after deduction of reasonable operation and maintenance expenses, as such expenses are defined by statute; and in the event of the later acquisition by said City of its Electric Light System and Natural Gas System, either or both, to then and thereupon and thereafter have all of such bonds, including those revenue bonds that may be issued in the acquisition of said Electric Light System and/or Natural Gas System, payable both as to principal and interest solely from and secured by a first lien on and pledge of the net revenues of the city's combined Waterworks and Sanitary Sewer and Electric Light and/or Natural Gas System; and in the event that the City Council of said City shall also be authorized to issue the revenue bonds submitted in proposition No.2, then and in that event, to issue combined revenue bonds of the City of Schertz in the aggregate principal amount so authorized by both proposition No. 1 and proposition No. 2 and in such manner that said aggregate amount of such revenue bonds shall be ratably secured by a first lien on and pledge of the net revenues from the operation of the City's combined Waterworks and Sanitary Sewer System, and in the event of the later acquisition by said City of its Electric Light and/or System and Natural Gas System, either or both, to then and thereupon and thereafter have all of such bonds, including those bonds that may be issued in the acquisition of said Electric Light and/or Natural Gas System, payable both as to principal and interest solely from and secured by a first lien on and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer and Electric Light and/or Natural Gas System; each such bond to be on a parity and equal dignity with the other bonds; and each such bond that is issued to be conditioned so that the holder thereof shall never have the right to demand payment of said obligation out of any funds raised, or to be raised, by taxation; all in accordance with and as authorized by the Constitution and laws of the State of Texas, including Articles llll to IllS, both inClusive, Revised civil Statutes of Texas, as amended?" PROPOSITION NO. 2 "Shall the City Council of the City of Schertz, Texas, be authorized to issue FIFTY THOUSAND DOLLARS ($50,000) of revenue bonds of said City for the purpose of securing funds to be used for improving and extending the Sanitary Sewer System of said City; said bonds to mature serially over a period not to exceed forty (40) years from their date, as may be determined by the City Council of said City; and any issue or series of said bonds to bear interest per annum at any rate or rates as shall be determined within the discretion of the City Council of said City, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; said revenue bonds to be special obligations of the City of Schertz, Texas, payable both as to principal and interest solely from and secured by a first lien on and pledge of the revenues of the City's combined Waterworks and Sanitary Sewer Systems, after deduction of reasonable operation and maintenance expenses, as such expenses are defined by statute; and in the event of the later acquisition by said City of its Electric Light System and Natural Gas System, either or both, to then and thereupon and thereafter have all of such bonds, including those revenue bonds that may be issued in the acquisition of said Electric Light System and/or Natural Gas System, payable both as to principal and interest solely from and secured by a first lien on and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer and Electric Light and/or Natural Gas System; and in the event that the City Council of said City shall also be authorized to issue the revenue bonds submitted in Proposition No. I, then and in that event, to issue combined revenue bonds of the City of Schertz in the aggregate principal amount so authorized by both Proposition No. 1 and Proposition No. 2 and in such manner that said aggregate amount of such revenue bonds shall be ratably secured by a first lien on and pledge of the net revenues from the operation of the City's combined Waterworks and Sanitary Sewer System, and in the event of the later acquisition by said City of its Electric Light System and Natural Gas System, either or both, to then and thereupon and thereafter have all of such bonds, including those bonds that may be issued in the acquisition of sai~ Electric Light and/or Natural Gas System, payable both as to principal and interest solely from and secured by a first lien on and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer and Electric Light and/or Natural Gas System; each such bond to be on a parity and equal dignity with the other bonds; and each such bond that is issued to be conditioned so that the holder thereof shall never have the right to demand payment of said Obligation out of any funds raised, or to be raised, by taxation; all in accordance with and as authorized by the Constitution and laws of the State of Texas, including Articles llll to 1118, both inclusive, Revised Civil Statutes of Texas, as amended?" . . PROPOSITION NO. 3 "Shall the City Council of the City of Schertz, Texas, be ~uthorized to issue bonds of said City in the prin- cipal amount of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000), for the purpose of constructing permanent improvements to lands and buildings for park purposes; said bonds to mature serially or otherwise, as may be determined by the City Council of said City, the maximum maturity being not more than forty (40) years from their date; and any issue or series of said bonds to bear in- terest per annum (payable annually or semi-annually) at any rate or rates to be determined within the discretion of the City Council of said City, provided that such rate or rates shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council be authorized to levy an annual ad valorem tax on all taxable property in said City sufficient to pay the interest on said bonds and to create a sinking fund sufficient to pay the principal thereof as the same matures as authorized by the Constitution and laws of the State of Texas?" PROPOSITION NO. 4 "Shall the City Council of the City of Schertz, Texas, be authorized to issue bonds of said City in the prin- cipal amount of TWO HUNDRED THOUSAND DOLLARS ($200,000), for the purpose of the construction of a permanent pub- lic building within said City to be used as a municipal building for said City; said bonds to mature serially or otherwise, as may be determined by the City Council of said City, the maximum maturity being not more than forty (40) years from their date; and any issue or series of said bonds to bear interest per annum (pay- able annually or semi-annually) at any rate or rates to be determined within the discretion of the City Council of said City, provided that such rate or rates shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council be authorized to levy an annual ad valorem tax on all taxable property in said City sufficient to pay the interest on said bonds and to create a sinking fund sufficient to pay the principal thereof as the same matures as authorized by the Constitution and laws of the State of Texas?" II That the polling place for the holding of said election shall be at the FIRE STATION of said City, and the entire City of Scher~z, for the purpose of holding said election, shall be and constitute one municipal election precinct; and MRS. JANESTINE KVAPIL is hereby appointed Presiding Judge of said election, and MRS. EMMA J. COLLINS is hereby appointed Alternate Presiding Judge of said election. III That the Alternate Presiding Judge, above named, shall performfue duties of the Presiding Judge of said election; and the Presiding Judge shall appoint for such election as many resident qualified voters of the election precinct to serve as clerks in said election as may be reasonably necessary to properly conduct said election, the appointment of such clerks to include the Alternate Presiding Judge if she be present for the holding of such election. IV That absentee voting in said election shall be conducted at the City Hall of said City, in Schertz, and the City Secretary is hereby charged with the duty of conducting absentee voting in said election, as required by law. V That the polls for said election on the day of said election shall be open from 7:00 o'clock A.M. to 7:00 o'clock P.M. VI That the ballots to be used in said election shall be prepared in conformity with V.A.T.C.S. Election Code, as amended, and in such manner that the electors may cast their ballots either "FOR" or "AGAINST" each of the following ballot propositions: proposition No. 1 The issuance of $750,000 Revenue Bonds to improve and extend the Waterworks System of said City and the pledge of the net revenues for the payment thereof as submitted in Proposition No. I. . ~, ~ . Proposition NO.2 The issuance of $50,000 Revenue Bonds to improve and extend the sanitary Sew~r System of said City and the pledge of the net revenues for the payment thereof as submitted in Proposition No.2. Proposition No.3 The issuance of $125,000 General obligation Bonds to construct permanent improvements to land and buildings for park purposes and the levy of the tax in payment thereof as submitted in proposi- tion No.3. Proposition No.4 The issuance of $200,000 General Obligation Bonds to construct a permanent public building to be used as a municipal building for said city and the levy of the tax in payment thereof as sub- mitted in Proposition No.4. VII (a) That at said election all resident qualified electors of the City of Schertz, Texas, who own taxable property in said City and who have duly rendered the same for taxation, voting sepa- rately on each of the submitted propositions, shall be permitted to vote; and that at the polling place designated above for the holding of said election, a separate ballot box shall be provided for the purpose of casting, depositing and containing the ballots of all such voters; and the votes cast at said polling place by all such voters shall be recorded, returned and canvassed separately. (b) That also at said election all other resident quali- fied electors of the City of Schertz, voting separately on each of the submitted propositions, shall be permitted to vote, that is, all of those persons who are resident qualified electors of said City but who do not meet the requirement of owning taxable property therein which has been duly rendered for taxation, shall be permitted to vote in said election; and that at the polling place designated above for the holding of said election, a separate ballot box shall be provided for the purpose of casting, depositing ~ and containing the ballots of all such voters; and the votes cast at such polling place by all such voters shall be recorded, returned and canvassed separately, (c) That, in conducting absentee voting in said election, the City Secretary of said City is hereby charged with the duty of conducting such ab~entee voting in such manner that the votes of those persons voting absentee in said election who are resident qualified electors of the City of Schertz who own taxable property therein and who have duly rendered the same for taxation may be cast, recorded, returned and canvassed separately from the votes of those persons voting absentee in said election who are otherwise resident qualified electors of said City, and having their votes cast, recorded, returned and canvassed separately. (d) That each eligible person voting in said election shall be permitted to vote once, and only once. VIII That a copy of this ordinance, designated as a notice, signed by the Mayor and attested by the City Secretary shall serve as proper notice of said election. Notice of said election shall be given in accordance with Article 704, Revised Civil Statutes of Texas, as amended. IX That the City Secretary is ?ereby authorized and directed to post notice of said election at the CITY HALL in said City, and at three (3) other public places within said City, all of which notices shall be posted not less than fourteen (14) days prior to the date set for said election. X That the City Secretary is further authorized and directed to cause said Notice of Election to be published in THE VALLEY NEWS , a newspaper published and of general circulation in the City of Schertz, which notice shall be published ".0" . . -, . on the same day in each of two (2) successive weeks in said newspaper, the date of the first publication being not less than fourteen (14) days prior to the date set for said election. Except as other- wise provided herein and in said Article 704, as amended, the manner of holding said election shall be governed by the applicable laws governing general elections. XI That the public importance of this measure and the need to construct the aforesaid improvements for the public good, health and welfare of the City and its inhabitants constitute 'and create 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 AND APPROVED this 2nd day of July, 1974. ~.C- h'd~ Mayor, City of Schertz, Texas ATTEST: Secretary, City of Schertz (SEAL OF CITY)