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10-04-1962-08-23-1963 184 I .1 motion by Mr:-. Ebert seconded by 'Mr. ~ck that a bill in the &moun. of $15.00 to the eibolo Wood Works for making a may frame be paid. Motion carried. Motion by Mr. Ebert seconded by Mr. Ikels that the meeting adjourn,Motion carried. ATTEST: It, d,Q;J;rJ-~O G.':~iCkrell Oi ty secre\8I7 R~~ Mayor (JOY W. Ih.hard , i , Regular Meeting of the Schertz, City Council held at Schertz City Hall on the 4th dq of october 1962. Mqor Roy Richard called the meeting to order with the .following named AlderllBn present: Elgin Beck, Geo. P. Bolton, W.E.Ebert, a.R.Cosby and Ralph R. Ilcels. Also City Attorney Louie SaQgert. Minutes or the 11I8etings of3l August, 6 SepteDlber, 10 September, 13 September. and on a moticm by Mr. ~eck seconded by Mr. Bolton the minutes be approved as read, The DlOtion carried. l ~ Alderman Ikels read AmeDdJllent 14 Re Trial DeN ova and it was discussed and all then t~.1 agreed they linderstood the bill. . ,. 110 Cop)" or let~r read it was to Mr. Seligmann from FFHA re opening the .Mwer contract 1 \1~4 bids. (p ,1 Mqor Richard reported the Bonds would be ready' to be picked up 18 Autin. in the next few dqa.. . The Resignat.ion or Mr. ,Rhodes as City Electricial In8pector was aga1n 'brouiht up, , ~ ,/ (,0 alter discussion which all _Jaber. of' the council had talked hill and he would net at '(i /t.,O all considerstqiDg OD. Mr. Bolton made a motion seconded by Mr. Cosby to accept same and also app66at Mr. Rqmond Koym to fill the vacancy. Motion _Carried. And on a motion by' Mr. Ikels seconded by Mr. Cos'by' that Mr. Ko,y:a vill have the f ~ ,I~~ issuing of' all peralta, except in case he is sick or out or town thell the City SeCT :t & 0 will issue same. Motion carried. ) Mr. Saegert said he had received a letter from Mr. Seligmann asking for money for work done as Engineer for the city. Motion by Mr. Ikels seoonded by Mr. Ebert the following bills be paid, So.Texas Printing Co. $18.60 - Envelopes for tax notices. Motion carried. Motion by Mr. Cosby seconded by Mr. Ileels that all bills pertaining to the sewer project be sent to FFHA at Ft. Worth for clearance and approval.Motion carried. It was suggested the Sec)" write Mr. Kramer about the condition or the Railroad crossing. Also a letter to Mr. Carl S. Braunig about the Highwq light not workingall the tiE, and ask tor a survey to be made on the -traffic conditions'on '1518 PaSt the High School to get whatever signs or what might be recolllll8nded by" the.. Marshall Ackermann int,,~...:.,d the Council that he would not be able to perfOl"lll - his duties on his present expense and pq and asked tor more money. After 1II11ch dis- '-~ 1,4 cus.ion on a motion by Mr. Bolton seconded by' Hr. Ebert that his '.....,e' .nse allowance f) I I." be raised to $200.00 per month which would malat h:iJll .-. 275.00 per month with his (~:J pq. Motion carried 4 to 1 with Mr. Cosby voting against 8__. ?v A discussion to pay Mr. Ackermann for removing dead animals from the highwq ~~ "/. was brouiht up and SOle wanted to pq extra for same but after 'full c0D8ideration on I''?~ this the matter was dropped with no further action. Motion to Adjoum by Mr. Bolton seconded by Mr. Ebert. Motion carried. ~l'~ 1 I~I ~d-II~~ \~, AT'rEST:/D iAl {),( J;.It () ~ G.W.p~1t~ecre~ar.r Called ~.ting or the Schertz City Council held at SChertz, City Hall on the 10th dq of October 1962. Ror~. 11 Aldermen present: Geo. Pl Bolton, Raymond G. Krlym, Malford Koch, Ralph R. Ikels, and Robert B. Stedman. Minutes of meetings held Aueust 1, August 2 and August 23, 1963 were read and approved. Repairs to be made by Stich Construction Co. on First Street and at the corner t ~. 1(, q of Live Oak and Beck Street. ;.!I'I Letter from FHA read concerning \{estland Park sub-division, The council will pursue this for Mr. Robinson to obtain FHA approva1. ~O' I?O Discussi'm was held on the water line to Cibolo. \1:JY Report of the General Fund of the City was made, also a report on the Cor-(.o~ I 71 poration Court funds and a report on the Water & Sewer System finances. I~' A resolution was passed that Mr. Pickrell shall be paid $3,000.00 per annum 1) as City Secretary effective 1.August, 1963. And raising the expense acco~t of ~~l'q the City Marshall to ;':600.00 per annum in addition to compensation and expenses I~Q-;:1 now paid. Total $7s'.00 and $2s'0.00 expenses per month. (p ~ /13 ' A contract was read pertaining to sewer charge for Riedel. ..;;J;~ \ . A salary raise of $s'O.OO per month to Frederick Rowell to $400.00 per month. ~-;;,I?~ Motion by Mr. Bolton spconded by Mr. Ikels. Motion unaminnllsly carried. ID1 Mr. Oscar Kramer submitted request for Fire Alarm Buttcim .Jystem. Will req1Jest GVEC f'r cost of this project. Also, to place a pamplet on Schertz, Universal City,~~.r1tf Ciboln and Converse f1.re phone numbers and other emergency numbers in the City Hall, I' Arts Hardware and Schertz State Bank - Permission granted. !D~ Mr. Ackermann reports that he talked to several people at the school at A.&M. b~, (1~ ~nd he has requested reduced water rates for fireman. I j? Pay the Volunteer Fire Department amount of $1,s'00.00 as provided in the budget. Mr. Ackermann talked to Highway Department about signs to slow traffic. The (,;,.3 I?~ High'tTay Department will notify the City & school on this. fa; A motion to adjourn by Mr. Ikels, seconded by Mr. Stedman. Motion carried. . " ATTEST: /Z) rLMd @-< Lk}/ ~io~ Jt. #, PA ~j!rcoC City Secretary - - - ~ ~ ~ ~ " " :regular meeting of the Sch~rtz Cii:;}r Council held at the City Hall in SChertz" ti..... Texas on the 10th day of October 1963. ~ ~ Mayor Roy W. Richard called the meeting to order with the following named ~ ~1 Aldermen present: Geo. P . Bolton, '?alph R. Ikel s, Malford Koch, Raymond G. Koym, ~ and Robe~t B. Stedman. ~ Minutes of meeting on September ~, 1963 were read by Mayor Richa '~d. On a motj ~ by Mr. Bolton, seconded by Mr. Stedman minutes be approved. Motion unamin0usly carried. Motion by Mr. Ikels to adjourn did not receive a second. '11 Motion by Mr. Bolton seconded by Mr. Ikels to notify Mr. vharles Dennis to hold ~~, I f o~f awhile to wait and see what Mr. Seligmann will be able to do on the Helmuth Dietz 1~1 land dtspute. Motion unaminously carried. Motion by Mr. Bolton seconded by Mr. Koym to aDpoint Mr. Frederick Rowell ~~\\1~ Superintendent of the Water Department. Motion Unamin 'usly carried. \ -t., " Motion by Mr. Bolton seconded by Mr. Koym that the City accept the Agreement of the State Health Department in repprds to signs being erected showin~ the City Water Supply is approved by t~~ state. Motion unaminously approved. A motion by Mr. Koym seconded by Mr. Ikels the office hours at City Hall be 8: 30 - 4 :41) , five weekdays and 8 :30 - 12 :00 Saturday and Legal Holidays excepted. Same to be posted on the door. Motion unaIhinously carried. .. ' -t. \ \~U Motion by Mr. Bolton .3econded by l1r. Ikels to grant ElectrICIan License to t<"; \~() ~:31 \?~ \31 185 Mayor not w. ~iebard. called the meeting to order with the following named Aldermen presentt tlgin ~ck, doe. fl. 1\olton, W.1!:.1i'lbert, t.'R.Cosby and ~alph R. !ke1s. ~;?, I')) Meeting called for the purpose or opening bids on the sewer project. I ;) J Mqor Richard opened the bids as Mr. Selig-.nn read them. SlovAk Brothers Lines'- 1 Plant 149,000.00 R.B.Butler Company' It 130.600.00 " 161,900.00 .. 131,489.00 It 148,637.00 .. 139,435.00 It 166,193.00 It 132,290.00 It 131,076.45 McKenzie Construction Co. 215,560.10 Clyde Smith Goolsby Engineering Co. Midwest Contracting" Co. HoWard L. Cook 200,675.50 Mitchell Dar~ John Meents Construction Co. 184,459.45 J.C.Truehart Howard Stich 200,851.30 180,212.80 2,700.00 3,5tJO.00 2,850.00 3,500.00 2,683.00 3,631.00 2,612.00 2,892.00 2,500.00 3,200.00 2,400.00 2,900.00 2,400.00 6,200.00 2,670.00 2,480.00 2,800.00 -1,500.00 It was recOllll8Dded by Mr. Seligmann that the low bid or H_ard Stic for the sewer lines $180,212.80 and low bid of R.B.Butler Co. for 'Sewer Treatment plant 'in the &lIOunt of' $130,600.00 less Alternate No.. 2, totaling $3,550.00 be accepted 'in the aDIOUl1t at .$l21,O~.OO ' On a !lOtion by Mr. Cosby seconded bt Mr. Ebert these bids be accepted, motion carried un..illlously. Au.t'A)T I C;;{~ ~ruJ Ra;v:-tfdChard lJqor Called .e"ing of the Schertz City Council held at the CitY' Hall in Schertz on the 17th dq or October 1962. Mq'or ROT W. Richard called the meeting to order with the follOW'ing named lde:rmen present: Elgin Beck, Geo. P. Bolton, W.E.Ebert, R.R.Cosby and Ralph,Ikels. (.;2.,11;< Meeting was called in re to a letter on accepting the bids on tl;1e sewer project.. I ~ I .T}w Heuing and Home. Finance Agency needs 2 c)"S of ,Part B Ofter md acceptance Mqor Richard read a cOW or the low bids and OIl a motiClll by Mr. IbIs seconded by _ Mr. Cos'by' the bids be accepted. Motion unanimoual1' carried. - / ,.., Motion by Mr. Ikels seconded b;r Mr. Ebert that Trinity Test Laborty be used on '(II, 1?3 all testing for.p1.&Ilt project. . ,.,.) : Motioa by' Mr. 80sby seconded by Mr. Ebert that Mr. Ibls be app~d.Dted to super'Z;I/~ "ria. and ovenee t.be work done on paviDg. in the cit;r. Motion carried. /,31 ~ A u.rt discussiOft was held on the Park site for the City aDd the _Jlhers aretf~ /?~ ' to bring thts up at a later date for turther action. /S-.S Motion by Mr. Bolton seconded by Mr. Ilcels that the City pay Telephou 'bill . of #30.U Motion carried. Motion by Mr. Ebert seconded by Jtho. Boltoa that the .eting be adjouraed, Motion c..... ..led. ATTEST: , ,,9/ ?f(r A,Jl ~ J./JV~ u.w.nc~n t;l1iii~ Ro7~~~or Regular ~e1ii.1ig of the Schertz eity ~ouncil held at Schertz, lJtexas on the 1st dq of' ttovember 1962. Mqor Roy W. Richard called the meetiDg to order with the foll~ nued Aldermen present.: Elgin BeCk, 080. P. BoltClD, W.E.Ebert, Ralph R. IbIs aDd R.R.Cosby. Also present were City Attorney' Louis Saegeart and Fire Marshal Fritz Rusch. Minutes or ~ _etings Bot heretorore read. were read ad approved as read. Mqor Richard read a letter from Civil Defense on Governing aDd planning. A letter from State Health Dept Re: leturning to the city an approved copy or the addendum 112' on the Sewe~ Project.' . Letter !or tile trOll Howard Stich to IrviDg S. ~eligmann City Engineer # listing all Material Suppliers and Sub-Contractors they anticipate usiDg. Copy of letter from Sel~ to Ml-. Harold White "HHFA, listing doc~nts applicable to the Schert.z Sewer Project being sent to Mr. White. ' Copy of, letter froa Texas Water Pollution Control Board to Mr. Sel i gJUIl" He application in proper form for permit. . . A proposed Resolution to State Health Dept to let contracts read and discus.ed. On a motiOD by Mr. Ikels seconded by Mr. Cosby the above be accepted and approved" The motion unin_ously carried. A discuSsiOJl and cc:msideration or' an ordinance to be prepared by Mr. Saeprt on the Water ~tes" Connections" Etc. Mr. Saegert will prepare this ordinance. Mr. Saegert will also check on a Sib-division ordiDan'ce. A short discussion on Building Permits was held and will be acted on at a leter date. '\~ On a aotion by Mr. Ikela secCGded 'by Hr. Boltan that Marshal Ackermamt be authori_d \.J. C)." \J to clear out ad clean up certaiD cODditions on streets where hedges, trees ete alee ,'()! driving a hazard condition, Motion Carried. ~,\,\Q~ A motiOD bT Mr. Ebert seccmded by Ml-. Coa~ to permit Borden Co of Sa Antcm1o, Texas ~ \ ~. to sell Ice Creaa. Hotioa carried. . . A motiOJll by Ml-. Ebert aecanded hi Mr~ Cosby that the 'following bills be paid: Dobbins & Howard $240.10 - Donegan Abstract Co. $78.45 - Rauscher-Pierce 00.$3,000.00 Motion carried uninamously. . Motion bY' Mr. Cosby to Adjoum aecc:mded by Hr. Ikels, motion carried. ' 188 t~~. ~. . \d- \ . \Q ~ ,\ f). ~ \'l:J" c- ~~ I t~~ \0" \It\ ~~' '\ \16 ~ I l..- d " Jtay~;L.J~ ATTEST1 /~1 O. ": J:. "f P G.w.p~re~ir,r Called meeting or the Schertz City Council bald at Schertz, Texas on tbI 13th ~ of November 1962. Mayor Roy W. Richard called the ..ting to order with the following nu.d Aldermen present: Elgin BeCk, Geo. P. Bolton, W.E.Ebert,Ra1ph R. Ikels and R.R.Coaby. Minutes of _etin! 1 November 1962, were read and apprcmtd. Mr. Odo Riedel asked tfte COUDCU to extend the propoeed .....r line alter lmch 4iscussion and connltiDg the lines on the BlB Prats it .... decided there would be very little adjustllent to be made ad on a DlOtion by- Mr. Cosby secODded by Mr. BoltOD to all.. the change. The MotiOD unaniaous17 carried. . Mr. FloTd WestermaD and Mr. Jandt and Mr. Walter Schertz all canceraed in the tranaaction I of the city buying the 1I'&ter worJca wre present: Mr. Wes~1'UB repre,pDtillg the city explained Ter,y through the workings ad bOlla ad all things conee~ the Gperat1Bg of same ad also the election that _st be held. He then propoaed ~ for. an election authoriziDg the bond8 tor purchase of the. vater vorka. III ..pera then -:. signified theY' understood s_ 1nc1udiDg the tranllter or ... &Dei agreed on the detaUs &8 explaiDed to the.. The -Tor then introduced the -.ts""" which was read I in full Alderman R.R.Cosby- _de a motionthe ordinance be adopted as read, second by - Aldel"l18D Bol tOIl. The aotion prevailed b;y the following vote: AYES: Alder.D Ikels, Beck, Boltc:m, Ebert, Cosby and ~or Richard. NOES:: NONE Letter frOll State Health D8pt 1"8 inspection or records to be kept. Called meetiDg set, for December 17,1962 to canvas returns of election. ,,~I. I i I \ i I I .. I ' 181 Motion to A.djourn by Mr. !kels secandad by Mr. 1n>ert. Motion carried. ThiJ :resolut- ion will be acted on at next meeting under an ordinance. Q&lAJI. ~ Roy w~hard Mayor ATTEST: JJ ,i~ f~ ~ it I q() 0 G.W.PiC~ Ci'ty'1:cre~ Called meet\ng oftthe Schertz C~ty Council held at Schertz, Texas on the 20th day of November 1962. Mayor Richard called the meeting to order with the following named Aldermen present: Elgin Beck, Geo. P~ Bolton, W.E.Ebert 8.Dd Ralph R. Ikels. Absent: R.R.Cosby. a.adiDg of l'lliDutes were dispensed with. }t1'..r. Westerman presented an Option Agreement from the Schertz Water Works to-wit: OPTION AGREEMENT I ( KNOW ALL MEN BY THESE PRESENTS: I &;d. I I q J 1~1 THE STATE OF TEXAS COUNTY OF GUADAWPE That Schertz Water Works, Inc., a Texas Corporation (Hereinafter called "Corporation") for and in consideration of one dollar ($1.00) in hand paid by the City or Schertz, Texas, a municipal. corporation (hereinafter called "Schertz"), and other good and valuable considerations, the recipt and sufficiency of which are hereby acknowledged, does hereby grant to Schertz a conditional optiOD, upon the terms aJld conditions hereinafter set forth, to purchase the foliowing described propert~s sit~ted in Guadalupe and Bexar C~ti~s, Texas; to-wit: 1. The properties, real, personal and mpred (ud appurtenances thereto), con- sistiag of and constituting the waterworks system owned by Corporation and used or useful.. in produciDg,treating, transporting and distributing water withiD Schertz and within the Town or Universal City, Texas, and, their environs, including, but without. limit.a.'t1on, all lands, easements, rights of' wq, wa~r wells, pipelines, storage tUlka,. _ters, motors, motor vehiC?les, tools, office equipment and whatever interest it am convey in any and all franch::ses, save and except only cash, secur- ities, note. receivable, accounts receivable, bank accounts and deposits made by customers t.o assure the p&ym:lnt of water ~ls, belonging to the corporation. 2. The purchase price s~l be Five Hundred Fiftee~ Thous~d ($515,000.00) Dollars, Pl:us a ~,equal to the actual_cC?8t to Corporation of ~l additions,extens- iOIlS, 8.Ild capital improvenents to the watervorks system which Corporation may make after the date or this agreemnt and prior to the conveyance of said properties to Schertz under the. tenus of this option. 3. This option shall be effectire until 12:00 o'clock noon of April 1, 1963. If Schertz elects to purchase (whichit is not obligated to do) it shall notify the officers of said Corporation in writing of its election to do so. The election to pur~ under this agreement can only be exer~ised by Schertz between the hours of' 7:00 o'clock A.M. and 12:00 Noon on April 1, 1963, and the notice of it's election to purchase mst be delive~d to the officers or Corporation between the hours deaigDated. Corporation agrees to have its officers avaUa~le at its ~fices during the designated hours on April 1, 1963. Upon receipt of said notice in writing, Corporation wID, with- ia'thrity (JO) dqs thereatter be ready to convey by warranty deed the well and pump_ ing station site.; by proper a3si6".'" ..nt the easements and franchises; ud by proper bill or sale the other .properties to Schertz, upon the p,~w ," ~nt by Schertz,in cash or the total purchase price hereinabove set forth. Said properties shall be free ud clear of all liens and eacumbrances and the Corporation shall furnish to SChertz, after it files its deed of record, a guaranteed title policy in taw amount of $50.000.00 on the real property on which the wells st...p tuks and pumping equipment are located in Universal City, said title policy to be issued by a reputable title guaranty company licensed to do business in the State of Texas. It is understood that this option is conditioned that Schertz has at the time of it 188 acceptance, tbe cash with which ,to pq for said propert7 and alao on the conditioa that. if' it is not accepted by 12*00 o'clock noon on April 1, 1963, th1a option ia over aDd bec~s void and Of DO further force and effect. This option ia Dot ..signable in whole otJ part, but Schertz Can contract. to sell any part of the propenies it acquires when it. completes the purchase. EIEv,u.i!.D this 19th dq of November, 1962. SCt1l!,A.l.Z WATER WORKS, INC. BY sf Walter A. Schertz Pre sideDt ,--. , , '- ATTEST: sf Hele. Schertz Rowell \\"J Secretal7 \9~'1\ The follcnr1ag ia the propoeed ResolutiOl'1 calliDg ReveDue Bond ElectionJ PrC1f'idiag \~\ Detaila RelatiJag Thereto) ad COIl~iDg other proTiaions RelatiJIg to Said Election. THE STATE OF TEXAS COUNTY OF GUADALUPE The City COUIlcll of the City of Schertz, r.xu, convened 1a Special SeaaiOll at the City Hall ill Scher\z, T.u to Diacua. and c~aider the proposed ResolutioD .. expla1ned by Mr. Weatel"llUl. The Mq'or R07 W. Richard called the .eting to order with the follCllldng D_d Alderaen present: Elgin Beck, Geo. P. Bolt_, W.E.Ebert. ad Ralph R. Ike1.. Mr. Wal"-r A. Schertz ad his attomey Mr. Jaradt were also prese.t to anaer and explaia anT quest.ion. that might arise. A.tt.er a through breitillg and discua.io. on this utter the Coocll agreed thq underatood suae ud we" iJl favor of it. ad it was. deceided a .etag would be called on the 23rd to act CIII .... The eatire CoucU aDd all the "preaemt.i.,.. of tbe Water Worka aDd Hr. Weste1"ll&!l went to Uniwraal Cit7 and consulted with them en this pDopoaal and thaT all agreed to a... RESOLUTION . The City Coancil or the City of Schertz, Texu , COD'ftDed ill Special Se..ioa at the'City Hall vithiJl aaid CitT OIl the ~.3 dq of NoveJlber, 1962, with the tolldWiJIg _lIber. present: Dr. ROT W. Richard, Mqor - Ralph R. Ikela, AlderllUl - Elgill Beck, Aldel'lUD - Qe,"'..... P. Boltoa, Aldenun - W.E.Ebert, Aldel"JUD - R.R. C~b7, Alderun - a.W.Pickrell, City SecretarT and the tollowing _ber. absent, to-wit 1fOJ'E, whell the tolloriag, aJlOIlg other bus1Msa, wu transacted, to-wit: The Mqor iDtroduced a reso1.utian which was read in tulle Aldel'UB Beck made a aotieD that the Hesoluticm be adopted as read. Alderman Cosby aecClIlded the aotion tor adoptien or aaid resoluticm. The aotiOll, ca.....,.1ng with it the adoption of the Resolutica preTailed b7 the following vote: A.IF.S: Alde~n, Ikela, BeCk, Boltoa, Ebert, Coab7 8Ild Mq'or Richard. 10ESrNONE. The Mqor t.hereupc:a announced that the motion had clul7 and lawtul17 carried, and that the reaolutiOll had beeD duly ad lawtull:r adopted. The Reaolution thus ad~ted tollovarWHERIA8, The City of SChertz, Texas, has DO lIlWlicip.:L wateIVorka 8J8teaJ ad Wnl.dJS, .aid City is DOlI construct1Dg a municipal sanitary sewr tor aaid a:rste. tor aaid CitTJ and WHEREAS, the. City CouncU of' said CitT baa determined, and hereby dertermines, that the proposition tor the isauance or revenue bonds ot said CitT tor the purpose of purchaaing a wa'k.. ...,.]..8 s,..tem tor 8aid CitT and for cCllstructiDg iJlpro....nt. and J ute..i... to said .,..tea should be aubllitted at an electico, as hereafter provided in this reailutiOD, aaidNTeaue bcoda to be pqable from the net re'nn,.s to be de- rived from .aid waterworks .tea and s..it&r7 sewer systea; and WRm"gAS, the City CouacU wiahea to proceed with tM ordering or .aid election) Theref.re BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHmTZ, TEXAS: a , , I ; 189 Section 1: ,hat a special election shall be held in the City of SChertz, Texas, on 'tine .L~1;n dq of becember, 1962, which is not les8 thaDlr) nor more than .30 dayl::i i'rom the date of' this resolution, at which election there shall be submitted to the duly qualitied resident elec1;ora of said City who own taxable property within said Cit7 and who have duly rendered the same for taxation, for their action thereupon, the f'ollowing proposition, to-wit: PROPOSITION SHALL THE CITY COUNCn. OF THE CITY OF SCHERTZ, TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONns OF SAID CITY IN THE AMQUNT OF $600,000.00, MATURING SERIALLY wr'J.I:t.u. 35 YEARS FROM THEIR DATE OR DATES" AND BEARING INTEREST AT A RATE OR RAm NOT 'lO EXCEED 51 PER ANNUM, FOR THE PURPOSE OF PURCHASING A PRIVATELY-()tlNED WATERWORKS SYSTEM WHICH SERVES THE INHABITANTS IN AND IN THE VICuu OF SAID CITY, AND IM- PROVING AND EXTENDING SAID WATIRWORKS SYSTEM, AND TO SECURE THE INTEREST AN SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS IT METURES BY PLEDGEING THE NET R1!.vJ!iNUES FROM THE OPERATION OF SAID WATERWORKS SYSTEM AND FROM THE OPERATION OF THE SANITARY SEWER SYSTEM OF SAID CITY, IN THE MANNER PROVIDED BY ARTIrT.1i!!=; IIII TO 1118, BOTH INCI1JSm, AS AMENDED, E.l!CH BOND TO BE CONDITIONED THAT THE HOLDER Thl!i~OF SHALL NEVER H4VE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF .ANY l'unuS RAISED OR TO BE RAISED BY TAXATION? Section 2: That said election shall be held at the Fire Station within said City, and the entire City shall constitute one election precinct. The following named per- sons are hereby appointed officers to conduct said election, to-wit: L. .J. Ka~~n j;)residing Judge. Mrs. John Szper~owski Assistant Judge Mrs.Janestine O.KvapU Clerk Mrs.James R.Val~ntine Clerk Section #3 : That said ~lection shall be held in accordance w:f.th the provisions of the Constitution and laws of the State of Texas, and only" duly qualified resideDt elector8 of said City who own taxable property within said City and who have duly rend- ered the 8am for taxation shall be qualified to vaote. Sectiee 4: That the ballots of said election shall ContON to the requirementa of Chapter b or the Election Code or the State of Texas, as aneDded (Chapter 492,Aets Ue.....d~2Dd Legislature or Texas, Regular Session, 1951, as anended), and shall have printed thereon the tollowing: OFFICIAL BALLOT FOR THE ISSUANCE OF' WA1'ERWOlOO> AND SANITARY SEWER SYSTEM REVENUE BONIS AGAINST THE ISSUANCE OF WATmWORKS AND SANITARY SE.WER SYSTEM JW.,vJ!.!flJE BONDS Each voter shall vote on the propisition by scratching or marking out the expression that he does DOt wish to vote tor, thus leaVing the one not so scratched or arked out as indicating his vote on such proposition, in accordance with said Election Code, as amended. . Section 5: That notice or said election shall be given b7 p08ting a copy of a notice conta1n1ng a substantial copy of' this resolution at the City Hall and at two other place. within said City not less than fourteen (14) days prior to the date on which said election is to be held. Notice of' said election shall &1,10 be given by publishing 8uch notice in the Valley News on the same day _ each of two (2) successive weeks and by publishing such notice in the Seguin Enterprille on the s.- day in each or two (2) successi... weeks, the first of said publication8 in each or said Mwspapers to be made not later than fourteen (14) dqs prior to the date set for said e~.ction. It is hereby found and declared that The Valley News is a newspaper of general circulatiQl1 published in said City and that The Seguin Enterprise ill.a news- paper )ublished in Guadalupe County, Texas, and is of general circulation in said City. PASSED AND APPROVED this A.g dq of November, 1962. II Dr. Roy W. Richard M~or, City or Schertz, Texas ATTEST: in df n' L s/ G.W.Pickrell lL...1XJ.JJ!!J( Jc.Ujl City ::>ecretary (SEAL) 190 '1'HE S'1'!1'E or mAS 1 comr.rr or ClUA.nJtt11>E I I, the undersigDed, City Secretarr of th8 City of Schartz, Texas, do hereby cert11'7 that the attached and toregoiDg is a trne and co.......t COW of a IOTICE OF N!iIlJ!l!roE BOND ELECTION, includiDg a tr\lll and co.... ~..t copr of the Resoluti. caUiag said election adopted by the City Council of said Cit7 at a _eting held on the 2.3 dq or November, 1962, together with an excerpt. frc:n the lliDutes of said _etiDg snow- ing the adoptiOll od said resolutiOll, as s.. appears of record iB the officialllinutes of said City Council on tn. in .,. office. , I WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this ~dq of .'.'1 .."ber,1962. s/G.W.Pickrell II vtl ~~' hi /I!1(J (SEAL) CIty :)ecre'tar'T, ~ sC~exas The COUDc1l then retU1'll8d to the City Hall in Schertz and agreed the Resolution would be acted en at the .eting on the 23rd or lovellber, 1962. Mr. Ilcels made a JIOticm the Council adj""'....... secoaded by Mr. Bolton,Motion Carried. Special Meeting of the Schertz City COllDCU Held at Cit:1 Hall in Schertl, Tuaa 011 thl 23rd dq of NO'ftllber, lt62. . Mayor Richard called the ..'Ung to order with the tollowhg nued a1de~n present: Elgin BeCk, Oeo. P. BoltOD, W.E.Ebert,Ralph R. IbIs and R.R.Cosb;r. . ~ Also present.. Hr. Floyd Westre-.n and ~. Walter A. Schertz. \tt~ Mayor Richard read a proposed ord:iDaDce for the acquisf.tioa of the Schert waterworks. \.td-\rt Atter a through discussion and. lIUch consideration Mr. Cosby _de .a JIOtion which was Ilj\ seconded by Mr. Bolton that the OrdiDan~ be mopted. Motion lDlaniJlousl)" carried with \ ~\t the following ordiDance 1B hll : ~ ---, ORDDDCB NO. 76 AN ORDINANCE RELATl..NU '1'0 THE Alil.lUISITION OF A WAJ.J!AwORKS SYSTEM BY THE CITY OF SCHERTZ, TEXAS J CON'l'A.llU.~U PROVISIONS PERTA.llu.~u TO SAID SYS'l'EH AID ITS SMuCBS; CONTAINING OJ.M11. PROVISIONS RELATIN'G TO 'mE SUBJECT; AND PRuuuING THAT'l'J1~ ORDINANCE SHAIJ, BE IN FULL FORCE AND M ~~.L FROM AID M J..l!,1'\. ITS ADOPTION THE STATE OJt 'rEUS I COUNTY OF GUADALUPE I The City COUDCUof the City of SChertz, Texas, con_Bed in Special ....ica at the City Hall within Nid City on the 23rd day of November, 1962, with the tollcnr1ag meJli)ers pre.at, to-wit: Dr. Roy W. Richard Mayor Ralph R. Ileal. AlderJlllD Elgin Beck Alderman George P. Bolton Alderman W. E. Ebert Alderan R. R. Cosby AlderJlW1 G. W. Pickrell City Secretar;y and the following _Jllbera (s) absent, to-wit: NONE, when the following, amoDg Jlother business, was transacted, to-wit: The ~or introduced an ordinahce which vas read. in full Alderman R.R.Cosby' made a motion that the ordiDance be adopted as read. AlderJUD George P. Bolton seconded the motion for adoptiOD or said ordtaace. The Dloticm, carrillg with it the adopticm or the ordinance, p... " .Ued by the tollOlfiDg Tote: . AIES: AlurJlen IlC8ls, Beck, BoltGD, Ebert, Cosby, aDd Mayor Richard.NOES: NONE. The Mqor thlreupon announced that the motion had duly and lawh1J.y carried; and that the ordinance had been duly and lavtully adopted. The ordillance thus adopted follows: ORDINANCE NO. 76 · WHEREAS, Schanz Water Works, ac., a Tex.. Corporation (hereiJIatte.r ....tws called "Corporation"), OIIJ'lS ad operates a waterworks .,.tem which. Hrws the inhalit.- ant.s ot the City ot Schertz, Tax.. (hereiDatter s~t.ilIIIs called .SChertz"), ad '--' ::~ ".. , . r- 191 other inhabitaDts in the Yicjnty of Schertz, includi.Dg certain inhabitants or the ton of t1niversaJ. City, Texas ~here1natter sometimes called "t1niversal ~ityft ~; and w11l!.hEAS, Corporation is operating in Schertzt under a franchise granted by Ordinance No. 24 which was adop'ted bY' the governing bOO7 of Universal Cit.Y' Oft 10he 20th dq o~ December 1960J and. WhJ!.ru!aAS, Schertz has 'been, and is, negotiatiJag with Corporation for the purcha.te by Schertz of said. waterworks system; and Wt1l!in.EAS, it is recognized that: (a) Schertz may purchue and operate the entire system, or . (b) Universal City mq purchase from Schertz, Corporation, or otherwise, and operate those diatributian lines of the '~'J ,~/...eJl which are within the corporate boundaries of Universal City (the remainder of the syatem, including the water wella, water storagejaRka, traDSllission iIUu transperting water to ScheMz, and pumps of the system which are located within the corporata limits of Universal City, to be owned and operated bT Schertz); ad WHEREAS, it Universal City does purchase those distribution lines or the s,.tea which are within the corporate boundaries of Uni'Versal City, it is agreed that the purchase price therefore is the sum of $257,500 plus the cost of any and all capital improvements made by Corporation to said distribution lines from date of this ordin- anee to date of C.I" ,'.,)"&Dce of distribution lines to Universal City (anY' such capital improvenents being subject to approval by Universal Cit7); and WHEREAS, in the event that Schertz does purchase and operate the entire system, then Schertz will operate that part of the system which is within Universal City; SDd wl'1l!J:tEAS, in such an event Schertz wbhes to obtain the consent of Universal Cit7 covering the operation thereof within Universal City; Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1: That the matters and facts recited in the preamble to this ordinance are .hereby found and declared to be true and correct. Section 2, That, concerning the waterworks system "jl...~d and operated by Schertz Water Work.,Inc., it is hereby recognized: That the City of Schertz" Texas, may purchase and operate said entire waterworks sY'stea, or That the Ton of Universal City, Texas, nuq purchase from said Cit7 of Schertz, from said Schertz Water Works, Inc., or otherwise, and operate, those distributiOll lines of said waterworks system which are within the corporate Irl.mits or Universal City (the remainder of' the system including the water wells, water storage tulcs, trans- mission -.ins transporting water to Scherts, and pumps of the S1'lltell which are located Within the corporate limits or Universal. City, to be owned and operated by Schertz). Section 3: That, in event that the CitY' or Schertz purchases and operates said entire waterworks system, it will operate that part of the SJ'8tell which is within Universal Cit7. . Section 4: That a certified copy of this ordinance shall be furnished the governing b0d7 ~ Un1versal Cit7, and the. same shall be considered as a request to said govern- ing bod1' to adopt an ordinance consenting.8I'1d agreeing, in the event that Schertz, does purchase and operate said entire system, that Schertz shall have the right and authori't7 to operate the Saml within Universal City. The formal consent or agree_nt shall be made at the time that Schertz, acquires the entire STatea, and shall be accomplished either: '. by Universal CitT's approval of the assignment and transfer to Schertz or the franchise of said Schertz Water Works, Inc., granted by ordinance adopted by Universal City on December 20, 1960, . or by a separate franchise or other agreement containing essentially the same proviSions as the above-Mntioned franchise, 'in either event, the rates for the services or said syateJl in Universal City to be the ~ame, within classes, as those raws charged for such services in SChertz, and, further, that neither Schertz nor the properties of said system within Universal Cit7 t' shall be subject to taxation of any kind. 192 Section'5:'- rhat., in event tha.t l1niwrsal CitT purchaaea those distribution 11MB of the sya~ wm.cn are wi1ih1D its corporate bOUDdaries and Scherts purchases or oWIUS the re- maiDder of said STate., including the water wells, water storage tanka, trusJl:l..sioD aiDs transperating water to Schertz, and pump. of the s78tem which aN located withiD the corporate liJdt.s of Universal City, aDd neither Schertz nor the properties of ~be rer-\DcL remaiDder of said S78t.e. sball be subject. to taxat.ion or aD)" kind; ad Universal City l I agrees that Schertz mq operate aaid reaiDder or the Syat.em in Uniftraal City. L SectiOD 6: That it is herebJ' recognized and declared that neither this ord1nuce nor aD7 orcunan'ce adopted by' Universal Cit1' in compliance with the reques~ contaiDed in this ordinace sball in any war atfect the right. or Universal Cit1' to purchase or otherwise acquire on or prior to the lat dq od April, 1963, those distributiOll lines of said s)"Stem l,-ing within the corporate boundaries of Universal Cit1'. Section 7: That it is turther recopised Schertz will have to issue ad sell bonds in order to obtail'l m0D8J'8 to purchase said -1;"... '-., and that such b0D4a J1Ust haft bee. pre'rioual;y authorized at a boad e1ect.iOJl called by' and held in Scherts, ad it is agreed that it the issuance or the bOJlda subllitted at said electiell taU to recei... a _jority vote or those voting at the election, this ordiAanee shall be be !:wId tor naught.. Section 8: That this ordiDaDce shall 'be in tull force and ettect front and at1;er its adoptio adoption. ATTEST: J/ J) P 'I I /J ~~. A~4?~ City gecretary PASSED AND APPROCED this 23rd dq of lloveaber, 1962. ~~~ TeX.. (SEAL) NOTICE OF REVENUE BOND ELECTION ---i To the duly qualitied resident. electors or the Cit;y of Schertz, Texaa, who own Taxable propert;y within said City and who have duly rndered the a.. tor Taxat.i.. and to all other intereated perBOIls: NOTICE IS lll!anJ!aD1 G.u~ that a Special. election will be held in the City of Sehertz, '1'ex.., on the 15th dq of DeceJlber, 1962, pursuant to and in keeping nth ~ tollowiDg resolution adopted by the Cit;r Council of Schertz, Tex... Mqor Rich8rd reported tha1; a Mrs. McCcanell asked tor a 1e1;ter of author1satiOR to to deal with DeW resideDta IlOViII.g 1Jato Schertz and 1.1; them haw cupGllB which woald be rede..d at certain stores. This cannot be granted. Resolution cA1HBg for Ravenue Bond Eleeticm to bU7 the Schertz WatAlr W,"..:tB was again read, and, em a m'tl.on by Mr. Beck HCOIlded by Mr. Cosby that the City purcbaae the . Water works. Motion lUIaniMus1;r carried. Motion to adjourn by Mr. Bolton sec01lded 'by Mr. Ebert., Motion carr:l.M. The tol1ow11lg ordinance No. 7~ is Universal City ord1llance, that was fum1ahed at the above meeting pertaiJrlng to cODSeDt and agreeing to ale of waterwork8. AN ulW.u1ANCE CONSENTING .AND AGREEING, U}UJt..lt CERTAIN CONDITIONS, TO THE OPE~ ATION OF A W.b~WORKS SYS'l'EM BY THE \I.L.LJ. OF SCHERTZ, TEXAS, IN '1'HE TOWN OF UIU.t~AL CITY, TEXASJ CON'l'AIA,.u.G OTHER PROVISIONS RELATIHG '1'0 SAID SYSTEMJ AND PROVIDING THAT THIS ORu.udNCE SHALL BE IN FULL FORCE AND J!,,[fl'J!,v.L FROM .AND U.L.64 rrs ADw.LoA-ON THE STATE OF' TJ!:XAS I Cuunlf,OF GUADALUPE I The Town COlDlCU of the Tam of tJDiTerSal City, Tu8.8, COUftDed in Special session at the regular meeting place witldD said Town on the 23rd dq of Havember 1962, ---, " ,*. . 193 with the followirlg members present" to-wit:. Marvin tl. ~arJd1urst Mayor t.red ~lair Alderman ,Char~es R. Co1.lins llde.-..... E. C. Dobie Alderman Mrs. Carl H. Luete1ae Alderman Mrs. W'm T . Smith Alderman Mrs. Jobn Masek TOWIl Secreta17 _d the tollOlfiDg _mber(s) absent, to-wit: None wb.. the tollordng, among other bus:iness, was transacted, to-wit: The ~or 1ntroduced an ordinance which was read in tun. Alderman Smith made a motion that the ordinance be adopted as read. Alderman Blair seconded the motion for adoption ot said ordinance. The motion, CL.&.Jlng with it the adoption of the orcl1nance, prevailed by the tollowing vote: AYES: Aldermn Blair, Collins, Dobie, Lll8tcke, Smith and Mqor Parkhurst. NOES: NONE. The Mayor thereupon announced that the motion had duly and lawfully carried, and that the ordinance had been duly and ~awtully adopted. The ordinance thus adopted t ollows : ORDINANCE NO. 74 AN ORDINANCE CONSENTING AND AGREEING, ID4LJl!,t( CERTAIN CONDITIONS, TO THE OPER* ATION OF A. WA:/:.t!.ltWORKS .SYSTEM BY THE CITY OF SCHERTZ, TEXAS, IN THE TCMN OF UNJ,vl!lltSAL CITY, TEXAS. CONTAJ.NJ.NG OTHER PROVISIONS RELATING TO SAID SYSTEJJ AND PROVIDING THAT TH!S ORDINANCE SHALL BE IN FULL FORCE AND .l!.J:'l'J!.CT FROM .AND A.Fl'ER ITS ADOPTION WHEREAS, &chertz Water Works, Inc." A texas CorpotJati<llD (hereinatt.er some- tiDes called "Corporation"), owns and operates a waterworks system which serves the inhabitants of the City of SChertz" Texas (here1naf't.er some- times called "Schertz"), and other inhabitants in the vicinty or Schertz, including certain inhabitants of the Town or Universal City, Texas (here- inafter sometimes called IttJniversal City"); and WHEREAS, Corporation is operating in Universal City under a franchise graDted by Ordinance No. 24 which was adopted by the governing body of' Universal City on the 20th dq of December, 1960, and is operating in Schertz under a franchise gran- ted by Ordinance No. 71 which was adopted by the governing body of'Schertz on the 1st day of March, 1962; and wlUWtEAS, it is recognized that: (a) Universal City RI81' purchase and operate those distribution lines of said waterworks system which are located within the corporate boundaries or Universal City (the ~mainder of the S)"8tem, including the water wells, water storage tanks, trans- mission _ins transportating water to Schertz, and pUlllpS of said toltJo>Gem which are loc- ated within the corporate boundaries of Universal City, to be purchased ad operated by' Schertz), . or (b) Schertz may purchase and operate said entire waterworks system; ad WHEREAS, if Universal City does purchase ,those distribution lines or the system which are within the corporate boundaries of Universal City, it is agreed that the purchase price therefore is the sum or $25'7,5'00 plus the cost or any and aJ.l. cap- ital improve_nts made by Corporation to said distribution lines from date or this ordinance to date or conveyance or distribution lines to Universal City (any such cap- ital improvements being subject to approval by' Universal Cit7); and Wlu!;~, the Councilor Ulliversal City has received frca the Council of Schertz a certified copy of ordinance No. 73 which was adopted by the Council of Schertz on the 23rd day of November, 1962, in which ordinaDce Universal City is requested to consent and agree, . in the event Schertz does purchase and. operate said entire ';'.1 011 ~Il" tl\a,t Sche,rtz sball have the right and authority to operate said sy'stem in Universal 'C,itYJ Uld w~, the Council oJ: Universal City wishes to so cOIlsent and agree, subject, however, to the conditions hereinatter stated in this ordinance; ad BE IT OlmAJ.l'fw BY THE TOWN COUNCIL OF THE TOWN OF UNIVERSAL CITY, TEXAS : (,;?I/~S .1..11 194 secticm i-; 'I'ha't the lJ.'own of ttniversal Cit7, 'rex.., does he.rebJ' consent &ad agree iohaio, 1Jl t.ne event that the entire waterworks system or Schertz lIater WorD, !nc., is purchased b7 the Cit7 of Schertz, Ta:u, aaid Citr ot Schertz, Tex. shall haft the right and auth- ority to operate the a.. within Unift"&! Citl', &8 outliDed 1a Ori1D&DM No. %3 adopted r by the City COUllcil of Schertz on the 23rd dq of Noveaber, 1962, the fermal consent or i I agre..nt to be made at the tt. that Schertz acquires said qatem .. prev1ded iD said ~ . ordillance No. 73. It i8...~,.. 8S17 provided, h0N8wr, that if on prior to.the 1st dq of April, 1963, Universal Citr purcbaaes or otherviae acquires thOH diatriautlon 11M. of said waterwork8 81'8tem which are pocated withia the corporate boundaries of Uniwrsal. Citl', theD this Sectioll 1 shall be held tor naught, ad Schertz shall obta1Jl or haTe DO righta under this Section 1. It, by the date _ntioned above, Un1'ftrsal Cit7 baa Dot purchased or otherwise acquired those distribution liDes of said s1'8tea which are located witlW withia the corporate boundaries of UDiversal Citl', then this Sect101l 1 shall N_iIl ill 1'ull toree 8Dd effect. ' ,SectioD 2: That, in the event that Universal Cit7 purchases or otherwi... acquires those distr1bu'tion lines of said waterworks S)"8tem which are within the corporate boundaries of Universal Cit7 on or before the date meJltioned in Section 1 of thi8 ordiDance aad Schertz purchasea or cJIfIlS the remainder of said 81'8tea, then it ,i8 hereby' recogllized that Schertz shall have the right to operate the remainder of said qatea, incllldiJag the water _Us, water storage tanka, tranaissi01'1 liDes transportatiDg water to Schertz, and pumps of the system which are located within tbe corporate boundaries of Universal Citr, and that, :1Jlaotar 88 Uniwrsal Citr is concerned, neither Schertz Itor the properties ot the remaiDder of said system 8hall be 8ubject to taxation or 8D7 kind. Section 3: That this ordiDaace 8hall be in full force and effect trOll and after its adoption. PASSED AND APPROVED this 231'd d~ of November, 1962. .1 Marvin D. Parkhurst Mayor, TOIm or Universal. C1't,T, Texas ~ , I L ATTEST: . 81 Mrs. JohD Masek Town Secre'tarT (SEAL ) THE STATE OF TEXAS Cvulhl OF BEXAR I, the undersiglled, Town Secretary of the Town of UniTersal Citr, Texu, do hereby' certi.t)' that the attached and toregoiDg is a true and correct copr of U ordiaance adopted br the ToWll COUIlCU of said TdIIIl at a _et1Dg thereof which 11&8 held on the 23rd dq of Nuwmber, 1962, together with aD excerpt trOlll the IliDutes of said 1lIIfJeting 8howing the adoption of said ordinance ~ as same appears of recOrd in the ofticial minutes of said Town COUDcil on file in Jq' oftice. WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID TCMN thi8 23rd dq of Novellber,1962. sl Stella Masek (SEAL) Town ::>ecret,....., TOIIIl or Ul'liversaJ. C1"t7, Texas Called Meeting of' the Schertz CitY' Council held at Schertz Texu on the 29th c::lq of November, 1962, Mqor Ro7 W. Richard called the ..ting to order wit.h the f'ollCllldllg D18J1bers pnBeJltt Aldel"Jlllell Elgin Beck, Geo. P. Bolton, W.E.Ebert _d Ralph R. ID1s. Absent: R.R.Cosb7. Also preseDt were Irving S. Sel 'lpeJll't~ City Engineer. Waler A. Schertz and Mr. Jack BrOWll aDd Mr. JU8S RobinsOll . ~~\o Mr. Robillson presented a letter concerning the Westland Park Sub-Diviaicm cathe VJJ..' ~ sewer aDd water 1iDes that are Deeded and that he Deeds a letter from tile City 8q1ng \10 they w:1ll :: .......1ah __ so he can proceed with the V.A. 1I .. 195 Mt". nrown his engineer will see Mr. $eligmarm tomorrow at his of~ice and work out a plan for the se1ler connection. Also Mr. nobinson will I~et with Mr. Schertz to work, out the water proposition. Mr. Robinson will lBIY the sewer lines and the ~ity will waive the $50.00 cormection fee. On this Mr. Ilrels made a motion the City would then waive the connection fee and it was seconded by Mr. Ebert. Motion carried. Mr. Ikels also made a motion which was seconded by Mr. Bolton to spend $500.00 am thet..? n? improftmmt of' Oak.st taldng out sane of the big dips. The motion carried with Mr. i3f{ Ikels named as the one to oversee the completed job done. A question was raised OIl the neW' plant wanting a water line run down to the plant site ~~,/'f for work purposes, -this is to be discussed :turther after more in:formation is obtained. lo3? It was agreed by the Council that there would be a $50.00 connection fee charged for (. ~ I ~ hoo1d.ng on the sewer and, Mr. Selie,._.... will cut a stencil and nm off letters for the I ~ J iDforma tion or those who must be contacted bY' mail. - Letter received from state HeaJ.th ept with copy of sample payroll to be maintained. to~, I 'H And, also a letter that the first iwo or three p~olls of' the contrac-to:ba nmst be I ;" I submitted for .. ."lew. Letter was received from HHFA that all docwnents were in order and authorizing the City to i.asue work orders to the contractors. A suggested form frail Mr. Saegert was received on the proper application for sewer connections. Field notes n ~;....: recei-ved fram Mr. o...leligmann on the easements of the Riedel property. A revised project slDlmB1"Y was received from HHFA. Received from Mr. seligmann 3 copies each of' Contract Doauments covering the sewer plant treatment projects. Also Insurance certificates and performance bORda. Mr. Schertz presented the Council with a letter for consideration of a water main 6~,)t( I extension to run to the J:IeW sub-division. J 31 Motion by Mr. Ebert that the neeting adjourn seconded bY' Mr. lkels,Motion carried. Regular Meeting of the Schertz City Council held at Schertz~ Texas on the 6th dq of' Decellber, 1962. Ma1'or Roy W. Richard called the meeting to order with the following Aldermen present: Elgin Beck~ 0.0. P. Bolton, W.E.Ebert, Ralph R. Ikels and R.R.Cosby-. Minutes of all meetings not heretofore read were read and approved. Mr. Davis of GVEC appeared and said he thought the tax was high and asked that some ~;Z.. 1'1:; comparasions be made this was done on several other cempanies and he then agreed that 1'/'1 the tax was not to high. He also asked that the Council consider giving them a long term new fraachise. Mr. Davis was informed that this would be taken in consideration and a letter sent to them em same. tJ,I'8 Mr. James Robinson of the new sub-division asked that the City furnish Mm with a letter Ityl for the VA stating that they would furnish and have sewer ready when houses are complete. MqOlt Richard is to write the lette..r. It was agreed that the CitY' would ask for the first advance on the Grant that is to be funlll1hed the City. A Moticm by Mr. Ebert seconded by Mr. Cosby to buy a new file cabinet~motion carried. ~ 1'1'0/ The 'bOoks are to be closed as of December 31, tor an audit. ~ /1, A propo8ed BuildiDg ordanince was read and after a discussion and considera~iOl'1 the /1S motion was Jl8.de by Mr. Bolton and seconded by Mr. Cosby to accept the Ordinance as ~ ;3'1 read ad the ordinance be passed and adopted. Motion unanimously carried. Ordinance 78. A motion 1>7 Mr. Bolton secontWd by Mr. hGkt the following bills be paid; Quality Pav- ing Co. $645.00~ Valley News $20.12, Seguin Enterprise $36.00, the votes were as follows FOR: Bolton, Beck, and Mayor Richard. AGAINST: Ebert and Ileals were against payment to Quality PaTing Co. onlY'_ 4J Letter fraa. State Health ept. regardiJag engineering estimates in -connection with the sewer project. 1,,~1)1~ Letter received trom Texas HigL.",oI Department with a proposed copy of an ordinance on ~ Parki:ag em North Side of' Farm-To-Market Road 1518. Subject ordinanoe was then read and I I) atter sa. discussion and consideration regarding the problem of a narrow driving lane tt /1 and tums onto the street, Mr. Cosb,. made a motion which .was seconded by Mr. Ebert that the ordinaDce be accepted, passed and adopted as read.Motion uninamously' carried. This will be mown as Ordinance No. 77. Mr. Ackermann asked that the City order some new signs for the help in controlling the (;/J traffic violations, as some signs have been damaged beyond repair.Motion by Mr.Ikels /,~\ '71 seconded by Mr. Cosby- to bW sane. Motion carried. I.n 198 . . Motion by Mr. itbert seconded by Mt-. Cosby that the meeting be adjoUllDed. 'Motion carried. l~ l, 'J. '\ \ I- t ~o Called Melting of the Schertz City COlUlcil held at Schertz, Texas on the 17th dq of December 1962. " Mqor Roy.W. Richard called the.meeting to order with the following _mbers present: ,I Aldermen: Elgin BeCk, Geo. P. BolteD, W.E.Ebert and Ralph R. I1cels. Absent: R.R.C08b7. L..! Mr. Floyd Westerman was also,present. This meeting was called for the purpose of C8D- vassing the retU1"Ds of' an election held OIl 15th December 1962. ADd any other busiDess . that might come b6fore it. After a very through check or t.he election returns, Mayor Richard read a proposed re- solution on the canvassing or the returns. Mr. Westerman explaiDed arrr queSt.iODS that anyone might have. Alderman lkels.made a motion that the resolution be adopted as read. SecoDded by Mr. Cosby., The otion, ca......J'lng with it the adoption of the resolution '" prevailed by the following vote: AYES: Aldermen: Ilee1s, Beck, Bolton, Ebert and Mqor Richard. NOES: NONE Absent not voting R.R.Cosby. The Mayor then announced that the motion had duly and lawfully carried,. RESOWTION CANVASSING bwn.NS, AND DECLARING RESULTS OF BOND ELECTION. THE STATE OF TEXAS COUNTY OF GUADALUPE ' The City Counell ot t.be City of. Schertz, Texas, convened in Special session at the City Hall within said City on the 17th dq of December 1962, with the following members present. to-wit: , Dr. Roy W. Richard Ralph R. Ik8ls Elgin Beck George P. Bolt~ W. E. Ebert G. W. Pickrell and the following member(s) absent, the following was t:t"anscated: . The Mayor introduced aa resolution which was read in full. Alderman Ilatls made a motion that the resolution be adopted as read. Alderlll8D.)3eck seconded the motion for a.cl for adoption of the resolution. The motion, ca.....J'.:.Dg tith it the adoptiClll of the resolution, i prevailed by the following vote: AYES:Aldermen Ikels,Beck,Bolton,Ebert ~d Mqor Richard. OO~:~~. ' The Mqor thereupon announced that the .tion had d.u1Y' and l1Dd'ully carried, and that the resolution had been duly and lawfully adopted. The resolution thus adopted follows : RESOLUTION CANVASSING Rl!,lUIU~':>, AND DECLARING RESULTS OF BOND ELECTION. WHEREAS, there was held in the City or Schertz, Texas,on the 15th dq of' Dec- ember, 1962, an election at which there was submitted to the duly' . qualified resident . electors of said City who wvned taxable property' within said City and who had duly rendered the same for ta:Qtion, for their action thereupon, the propoaitionot 1...- ing $600.000 revenue bonds of' said Cit1' for the purpose 01' purcUaUag a pri~te17- awned waterworks system which serve=s the inhabitants in and in, the viciDt1' of said City. . and improving and extending said waterworks syaw. and pledging the net reveBUltS or the waterworks and sanit&17 sever system in p.llJ",..nt tlwreof', said bonds to mature seria1l1' . within thirty-fi"fe (5) yt!tars from their date or dates and to bear interest. at a rate not to e&ceed 5% per annum; and T,JHEREAS, there were cast at said election 127 vo1:4s, or .which number there were cast: FOR THE ISSUANCE OF WAlMwORKS AND SANITARY SEWER SYSTEM REVENUE BONns l22votes AGAINST THE ISSUANCE OF WA'H.l1.WORKS AND SANITARY SEWER SYSTEM ~v.I!.riUE BONOO 5 votes. MAJORITY FOR THE ISSUANCE OF WAu,rtwORKS AND SANITARY SEWER SYSTEM REVENUE . BONm 117 votes. ' as "holm in the official election returns heretorore submitted to the City Council and tiled with the City Secretary; and WHEREAS, said election was called and held in all respects under and in. strict confomit1' with law; THEl1J!JuRE BE IT RESOLVER BY THE CITY COUNCIL OF THE CITY OF SlilU!.ltTZ, TEXAS: - I ~o" <J.'\ ~ 4.1 \;1 ~ ~o Mayor Alderman Alderman Alderman Alde.....-.....! City Secretar;r to-wit: R. R. Cosby, when. aJaODg other business .! 1 I !' I r-, I I I, i , , . 197 Section It That the revenue bond election held in and throughout the. City of Schertz, Texas, on the l~th day of December, 1'62, which election is more particularly described in the preamble to this resolution, was duly called and notice thereof given in accord- ance with law; that su,d election was held in the manner required by law; that only duly qualified resident eJ.ectors o-r said City who owned taxabJ.e property within said City and who had duly rendered sarre for taxation voted' at said election; that said election has resulted favorably to the issuance of the bonds described in the proposition submitted at. said election; and that more than a majority of the qualified voters voting at said election have voted in favor of the issuance of the bonds described in said proposition. Section 2: That the City Council is now authorized to issue said bonds, and to do any and aJ al.l things necessary and convenient in connection the... .:.nith. PASSED AND APPROVED this 17th day of December, 1962. s/ Roy W. Richard. Mayor, Cityof' SChertz, Texas ATTEST: I, 11 () t I: ;; f. s/ G. W. Pickrell,(l, 'JIr, VA ~AikhlJl uity Secretary . (SEAL) A Budget letter was received from the Schertz Vol. Fire ~pt asking for $2,289.00 for the year 1963. Letter from TexaS Highway.I.Jept asking for late map of the City. Mr. Westerman 8ent us the Af'fidavits of Publication on the Bond election. M9tian made by' Mr. Ebert seconded by Mr. Bolton to adjourn., Motion carried. Regular Meeting of ,the Schertz City Council held at Schertz, Texas on the 3rd dq of January 1963, Mqor Roy W. Richard called the meting to order with the following members present: Aldermen; Beck, Bolton Ebert, Ileals and Cosby. Minutes of' meetings on November 29 and f>ecember 6, and December 17 were 'read and approved as read. Mr. 'Hardin of the Telephone Co. was present and talked with the council regarding a ~:!.~ I new pIa they wish to..put in this exchange out here which would raise the rates on 1~3 all phoDes. The company would not give any exact rates or even an estimate they only ask that the City consider accepting the plan. No action on this until the Co. returns at a later date with more information. /5. () () I. Mr. Itobinson and his engineer Mr. Jack Brown appeared and said they had met with Mr. b I ~I Seligmann and ha had changed his mind and would not at this time consider lowering /(j7 the sewer line to the new sub-diviiion. And he also wanted a letter sent to the Schertz waterworks extending the time for an agreement with them. It 'Was agreed that a letter should be sent to the GVEC that at this time no extension ~5,(io3 or long t,ena franchise could be granted. I~d A JlBeting will be held on the 8th to dil!lCUS~ further the proposition On the waterworks. ~J.OD't The Council also discussed the long range nsion of having a survey made on the Elec:t;ric 0:>.,...1 system in regard to a purchase in the future by the City. 1.3~ on a motion by Mr. Ikels seconded by Mr. Bolton that the City have Mr. Schertz take care of street repair. motion carried. . "'.3~~;$ On a motion by by Cosby seconded by Mr. Beck the following bills be paid: Valley News$20l2 Seguin Enterprise $20.12 Central Freight $2.13 Sargent-Sowell $23.80 Donegan Abstract Co. $1.50 Motion carried. Letter to Mr. Saegert frcm HHFA in regards to discontinue service if parties fail to P8ir sewer charges. Copy of Letter .from GVEC Re: Mr. Ruetz is qualified as permanent basis for electrician~ license. (,.~/t~ C- Letter from State Board of Insurance with a recommendation that our Arson Reward Ord- inance be changed from $100.00 to $2~0.OO in order to help on the Insurance rates for {:3,~~1 .the cit;r. On a motion by Mr. Ikels seconded by Mt-. Bolton the change be made as sugg- lOt.- ested, motion carried. Mo'ttion by Mr. Cosby seconded bY' Mt-. Ebert the meeting be adjourned, motion carried. 198 ~a11ed MltetiDg of the ~chertz ~ity ~ouncil held,at Schertz, Texas on the 8th dq of' Januar,r 1963. Mqor !toy w. nicl,1ard called the meeting to order with'tbe following .mbers present , A1derJlr3nt tngin neCk, Cleo. ~. :aolton, ~.~.~osby and 'Ralph ~. !1cels, Absent: W.E.~bert. flbOo An agreement was reached on the new sewer line to run to the Sub-Division, 8Ild Mqor ROT "I I..J~'- \ Richard will obtain an ease'li ~..,t. for same. \ r The following bills having been approved. Mr. White the Field Engineer, Mr. BoltOD" .J made a motion seconded by Mr. Elgin Beck that the followiDg be paid: R.B.Butler $34,864.48 Howard Stich $13,760.97 Irving Seligunn $1,455.20 Motion unanimously carried. Mqor Richm-d infl.......",d the Council that he had received a call froa the C.O. at Randolph AFB about the Telephone serrlce and that he did not to DlUch about the s.. .lces for the City of Schertz. A. ~fJv... Letter from Texas Water Pollution Board there will be a meeting in AustiD on June 23rd \J.'J ~f\. at which time all applications for ,permits will be considered &Deft. they recCllllllleDd SCllllt \ one be present that can discuss the whole proposition. ' o\Q Mr. Floyd Westerman and Mr. Barry Johnson were present and discussed and explaiDed more \g~'IJ:)'\ about the purchase of the waterworks and about the rate of the bonds and all ~gs in \ general pertailling to the transaction. ,\ On a motion by Mr. bolton seconded by Mr. Cosby that M.E.Allison Co be retaiDed to maD ",,,,,;p D a survey on the feasibilityof' the City acquiring the the existing electrical distribut- , \ \J. ion in Schertz. Motion unanimously carried. Motion to ad.joum by Mr. Cosby seconded by Mr. Ileels. Motion carried. Special Meeting ~ the Schertz City COUDcil held at SChertz, Texas aD the 29t;h dq Qf JaDUa17, 1963. Mqor RoT W. Ricahrd called the ,JIIe8ting to order with,the fol:J,oviDg ..a- ben present: lide..." ..,,: Elgin BeCk, Cleo. P. Bolton, W.E.Ebert, Ralph R. Ikels,R.R.Cosb7. ~ Raeding of the lIIinutea or previous ...tug was dispensed with. ~,\)\~ Mqor Richard read a letter to Mr. Saegert troa nrufA OD aOJl8 ideas for the haDdling of \a \1:> the water ad sewer charges and in Be: to as.esaiDg a penalty. Letter from Mr. Sel i~D enclosing progress reports on the sewer project. ",p\~ At this time there was a discussion on the propOHd Metropolitian pl~ of the TaLephoae \i1'b Co. there are ukiDg that Schertz. apprcmt. After DDlCh consideratiaa em ,the subject, CD \\f a motion b7 Mr. Ebert seconded by Mr. ~la that the pIa be rejected. MotiOD Carr!8d. ,1\ Letter fr01ll Mr. SeligJ'lllDn to Mr. Brown with plans for the sewer work to the .new subdivision \)~ ,~;}\ and a recOlllllandation for the type ot pipt! to be used. Letter from the state Insurance Board as a reminder to submit the n&JII8S or aJV DeW _n \a~'\)\~ appoiDted as Fire Marshal in order to receive,t the proper credit rating. \0. Letter troa Mqor Parkhurst of Universal City with all' otter of' $l.9,68O.00 tor the tran,- 0\'1 mission lines they want to bV. A tull discuas~OI1 ad consideration was thell considered \,~. ~~ and Mr. Cosby _de a JIOtion seconded bT Mr. Bolton the otter be rejected ad a new aDd \. final ofter be submitted to the. by the City or Schertz, Motion 1mn1-ously carried. Mr. Floy'd Westerman at this tt. fully explained &D proposed ordiDance authorizing the :'J ~\l\ issuance or $300.000 waterworks and sewer S)"8tem Revenue boads. This ord1naace was di8- l\e ~'\ 'cussed and considered ve....r throughly and on a motion by Mr. Cosby aecondlcl b7 Mr. Beck \ ~ that the OrdiDaDce be accepted, passed and approved as read,DlOtian UDaDi.mouslT carried. ~C'( by' the tollow1ng ,vote: AYES: BeCk, Bolton, Ebe~, Ilee1s, Cosby and ~or Richard. HOES: HOlE. ORDINANCE NO. 79 AN ARDINANCE AUTHORIZING THE L3SUANCE OF $joo,ooo WA.LANiORKS AND SF.WER SYSTEM REV* ENUE BONIS; PREsCRIBING THE u!.ru05 AND PROVISIONS Tn~F; MAKING PBJVISION~ FO~ THE PAYMENT OF THE PRINCIPAL THEREoF AND THE J.N'.u!,ttEST J.n6dONJ AWARDING 1;HE SALEllt.l!.t\.EOF; CONT~.1DG U..n6n. PROVISIONS RELATING TO THE SUBJECT; AND PROu'1!ING THAT THIS ORDIN- ANCE SHALL BE IN FULL FORCE AND M.r'!!'CT FROM AND AJ.'.Ltan. ITS ADOPTION THE STATE OF T"EL\S -. COUNTY OF GUADALUPE The City Council of the Cityof' Schertz, Texas, cOD'ftDed in Special session at the City Hall within said City on ~ 29th cUv' of JUWLr)", 1963, with the fol.lowing embers present, to-wit: Dr. Ro;y W. Richard Ralph R. Ikels Elgin Beck George P. Bol t<m , Mayor Alder.n Alderman Alde1"llaD :Ii I , I , I I 199 ~. t. !bert Aldermu n. 1l. Cosby' Alderman d. ltV. :Pic kre 11 City ~e cretary and the following member(s) absent, to-wit: NONE, when the following, 800g other business, was transacted, to-wit: The ~or introduced an ordinance which was read in tulle Alderman Cosby made a mOtion that the ordinance be adopted as read. Alderman Beck seconded the motiOD for adoption of said ordiJ'lance. The motion, ca......Jing with it the adoption of' the ordin- ance, prevailed by' the following vote: AYES: AJ.dermen Ike1s, BeCk, Bo1ton, Ebert,Cosb7 and MaJror Richard. NOES: NONE. The Mqor thereupon announced that the motion had duly and lawfully carried. The ordinance thus adopted follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $300,000 WATERWORKS AND SEWER SYSTEM .R6U!d.~U.l!i BONDS J PERSCRIBING THE :&.l!.N-5 AND PROvrsIONSJ.~FJ MAKING POOVISIONS FOR THE PAn.ll:!.l~J. OF THE PRINCIPAL T1'1mEOF AND THE INTEREST THEREON) AWARDING THE SALE 'u1l!.n.EDF) CONTAINING OTHER PRvvJ.o:>IONS RELATING TO THE SUBJECT; AND PROvJ.JJING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND Jut'U4t ITS ADOPTION. liHEREAS, the City of Schertz, Texas, has no municipal waterworks systemj and w11l!iMAS, said City is now constructing a municipal sanitary sewer system for said Cit7j and WHEREAS, at an election held in said Cit7 em the 15th day of December, 1962, more thaD a mojority of' the duly qualified resident electors of' said City who <Mned taxable property within said City and who had duly rendered the S8JJ8 for taxation, voting ,at said election, voted in favor of the issuance of revenue bonds of said City in the principal amount or $600,000 for the purpose of purchasing a privately- owned waterworks system which serves the inhabitants in and in the vicinty of said City, and bIProving and extending said waterworks system, said bonds to be pqable fr01ll and secured by a pledge of the net re i.,",.I8S of said waterworks .:>,y<>-;.em and from the operatiOD of' the sanitary sewer system of said City, and said bonds to mature ser- ially within 3$ years from their date or dates and to bear intesrest at a rate or rates not to exceed 5~ per annumj and ' WHEREAS, said election was called and notice of said election was given and said election waa held under and in strict conf...'.....lty with the Constitution and laws of the state or Texas, and the City CouncU of said City has heretof'ore ofticially can- vassed the retums of said election and determined the specific authority or the ' City to issue bonds; and WHEREAS, the City Council has determined, and hereby affirmatively determines, that a portion and first instal1Jrent of $300.000 bonds out of said total authorized bonds should now be issued, reserving the right to issue the remaining $300,000 authorized bonds when needed to carr,y out the voted purposej and wnau!..AS, the City Council wishes to proceed with the issuance and sale of said .f'irBt instaJ.lment bonds; ThereI.ore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCMKL'Z, TEXAS: Section 1: NAME.. AMOUN~.. PURPOSE, AND AUTHORIZATION OF REVENUE BONDS: That the serial coupon reveDUi revenue bonds of the City of' Schertz, Texas, be issued in the principal amount of $300,000 to be known and designated as "CITY OF SCHERTZ, TEXAS, WATERWORKS AND StwER SYSTEM R!:!Ivl!.NUE BONIS, SERIES 1963, for the purpose of' purchasing a privately-owned waterworks system which serves the inhabitants in and in the vicinty of said City, and improving and extending said waterworks system under and by virture of and in , strict conf..........1ty with the Constitution and laws of the State of Texas, particularly Articles 1111 to 1118, both inclusive, Vemons Texas Civil Statutes, as amended, and pursuant to the special election held in said City on the 15th dq of December 1962, the bonds hereby authorized being a portion of the first installment of bonds out of a total or $600,000 revenue bonds authorized at said election. Section 2: 2.01 - DATE 1 BOND NUMBERS, LJ.l!d~OMINATION, AND MATURITIES: , That said revenue bonds shall be dated !<'ebruary 1, 1963, shall be numbered consecutively from. 1 ~ 3oo,both inclusive, shall be in the denan1nation of $1,000 each, aggregating $300,000, and shall bec~ due and payable serially in their nl.1Erical order on June 1st in each -3- ~ 200 of the years 1964 to ~993, both inclusive, in the respective amounts shown in the follow- ing schedule , to-wit: ~ond Numbers tear of Amount (both iDc1.) Maturity Maturing 1 - 5 1964 $ 5,000 6 - 10 1965 5,000 11 - 1, 1966 5,000 16 - 21 1967 6,000 22 - 27 1968 6,000 28 - 33 1969 6,000 34 - 39 1970 6,000 40 - 46 1971 7,000 47 - 53 1972 7,000 ,4 - 60 1973 7,000 61 - 68 1974 8,000 69 - 76 197, 8,000 77 - 84 1976 8,000 85 - 93 1977 9,000 94 - 102 1978 9,000 103 - 112 1979 10,000 113 - 122 1980 10,000 123 - 132 1981 10,000 133 - 143 1982 11,000 144 - 154 1983 11,000 155 - 166 1984 12,000 167 - 178 198, 12,000 179 - 191 1986 13,000 192 - 20, 1987 14,000 206 - 219 1988 14,000 220 - 234 1989 15,000 23, - 2,0 1990 16,000 251 - 266 1991 16,000 267 - 183 1992 17,000 284 - 300 1993 17,000 2.02 - OPTION OF PRIOR REDEMPTION: That each or the bonds or this 1aSlJe maturing on snd atter June ~, 19tsf1.# shall be subject to redemption prior to maturit,.. on June 1, 1983, and on a:rrr . interest p8.j." ..J.t date thereatter, at a price of par and UDpaid accx-.d .interest to the date so fixed tor redemption. Notice O,t the intention to redeem shall be given in writing to the bank at which said bonds are payable, and said notice shall be published at least one (1) time in a financial jl.'........al or publication of' general circulation in the United States of America, which notice shall be given to said bank and published iD said journal or publication at least thirty (30) dqs prior to the date fixed for redeJlption. If, by the date fixed for redemption, funds shall have been made available sutficiellt to prq. the principal of any bond so called for redemption and unpaid accrued interest 1ihereon to the date fixed for redemption, it shall Dot therefore bear interest. IiI the eftnt that less than all bonds outstandiDg then eligible for redemption shall be thus called, the bonds the proposed to be redeemed shall be called in inverse nwnerical order. , Section 3: 3.m. - INTEREST RATES AND IN'1'~tt.t!::)'l' PAlMENT DATES: That said bonds shall bear iterest per annum, represented bT interest coupons attached to such bonds, at the tollClll'iDa _tes, respectivel)": BoDds NOIS. 1 to 21, both inclusive, 5%, Bonds Nos. 22 to 60, both inclusift, 4% Bonds Nos, 61 to 266, both inclusi'Ve, 4~, Bonds Nos. 267 to 300, both inclusive, 4-5/8%, interest payable June 1, 1963, ed semi-annually thereafter on December 1st and June 1st of each year until the princilpal sua is paid. 3.02 MODE OF PAnll!.l~~ AND BANK OF PAn~~.d That both principal of ad interest on said bQJIda lIh~ be pqabl.e in anr coila or currency or the United States of .o.rica which on the respecti..-e dates of payment of such principal and iDterest, is legal tender for !he ".;~. r I I ! 201 payment of debts due the trnited ~tates of America, at 'the Frost :National Bank, ~aD Antonio, Texas, T/lithout exchange or collection charges to the owners of' the bonds and / or interest coupons. The principal of said bonds shall be payable only upon present- ation and surrender or said bonds as they respectively become due, and interest falling due on and prior to the respective maturity dates of the bonds shall be payable only upon presentation and surrender of the interest coupons attached to said bonds as 'such interest coupons severally become due. Se.ction 4 : EXECUTION OF BONns AND nu.l!l!1EST COUPONS: That each of said bonds shall be signed by the Mqor and countersigned by the C,ity ::>ecretaI7 or the City of Schertz, Texas, by the lit- ho graphed or printed facsimile signatures, and the facsimile of the Corporate Seal of of said City shall be lithographed or printed on each of said bonds. The interest coup- ons attached to said bonds shall also be execiltled by said factsimile signatures of the Mayor and City Secretary. Said facsimile seal on the bonds and interest coupons and said facsimile seal on the bonds shall have the same effect as if said bonds and coup- ons had been signed in person and manually impressed upon each of such bonds. The reg- istration certificate of the Comptroller of Public Accounts of' the State or Texas, which certificate is to be printed on the back or each of said bonds as provided here- after in Section 7 of this ord1naDce, shall be manualb executed. Section 5: FORM OF BONns: That said bonds shaJ.l be in substantially the following form: No. UNITED STATES OF AMERICA $1,000 STAT E OF TEXAS CUUl'H i OF GUADALUPE CITY OF SCHERTZ, TEXAS WA1'l!JtwORKS AND SEWER SYSTEM fujvJ:!IrWE BOND SERIES 1963 THE CITY OF SCHERTZ, in the County of Guadalupe, in the State of Texas, FOR VALUE REM. CEIVED, hereby acknowledges itself indebted to and PROMISES TO PAY TO BEARER ON THE FIRST DAY OF cJuttl!i, 19 , solely from the special fund hereina1"ter specified, the sum of OJlE THOUSAND OOLLARS ($1,000), and to pay interest thereon from the daM hereof at the rate or % (NOTE TO PRINTER: For interest rates, see section 3.01 of' bond ordinance) per annum, interest payable June 1, 1963, and semi-annually thereafter on December 1st and June 1st of each year until the principal sum hereof shall have been paid. Both principal of and interest on this bond are payable in any coin or currency or the United States of' America which on the respective dates of paymel$of such principal and interest is legal tAl tender for the p'.\I'o ::.nt of debts due the United States of America, at the Frost National Bank, San Antonio, Texas, without exchange or collection charges to the owner or holder. The principal hereof shall be payable only upon presentation and surrender of the inter- est coupons heret.o attached as such coupons severally become due. THE DATE OF THIS BOND, in conformity with the ordinance hereinafter mentioned, IS FEBRUARY 1, 1963. THIS BONDIS ONE OF A SERIES OF 300 SERIAL BONns of like date and tenor, ex- cept as to serial number, interest rate, maturity, and option of prior redemption, being numbered consecutively from 1 to 300, both inclusive, in the denomination of $1,000 each, AGGREGATING $300,000 (being a portion and the first install_nt of bonds out of a total of $600,000 bonds authorized at the election hereinafter mentioned), and, together with the other bonds or said series, is issued for the purpose of purchasing a privately- owned waterworks system which serves the inhabitants in and in the vicinty of' said City, and i.mpro~ and extending said wa:t;.erworks system, under and by viture of' the Constitution and la1fll of the State of' Texas, particularly Articles III to 1118, both inclusive, Ver- non's Texas Civil Statutes, as a.m9nded, and by authority or a vote of the duly qualified resident electors of said City who owned taxable property within said City and who had duly renedered the same for taxation, at an election held within said City on the 15th day of December 1962, and pursuant to an ordinance lawfully adopted by the City Council of said City and duly recorded in the official minutes of said City Council, to all the provisions or which ordinance the owner or holder of' this bond and of the interest cOR>- ons appurtenant hereto, by the acceptance there or , expressly assents. EACH OF THE BONDS OF THIS ISSUE MATURING' ON AND Ar"l.!!i11. cJU1'o1l!. 1, 1984 (being Bonds Nos. 155 to 300, both inclusive) SHALL BE SUBJECT TO REDEMPTION prior to maturity ON June 202 . 1, 1983, and on any interest paymen~ date thereafter, at a price of par and accrued in- terest l,O.j:tlletditt8'sc;r-tfie4'~nJl' redemption. If' U.\I:l City elects to redeem all or any part of said bonds, notice of the intention to redeem shall be given in writing to the bank at which said bonds arepqable, and said notice shall be published at least one (:t) t1ml!l iD a financial journal or publication at least thirty (0) dqs prior to the date fixed for redemption, f'unds shall have been made available sufficient to pay the principal or any bond so called for redemption and 'UJlpaid accrued interest thereon to the date fixed for redemption, it shall not thereUtsr bear interest. In the event that less than all bonds outstanding then elibible for redemption shall thus be called, the bonds then proposed to be redeemed shall be c81.led in inverse numerical order. EACH SUCCESSIVE HOLDER OF THIS BOND and each successive holder or each of the inter- est coupons hereto a.ttached is conclusively preSUlISd to forego and renO'UJlce his equities in favor of subsequent holders for value and without notice, and to agree that this bond and each of the coupons hereto attached IDa:3 be negotiated by deliver)" by B.lr1' person hav- iDg possession thereof', howsoever such possession ~ have been acquired, and that 8JQ' holder who. have shall taken this bond or anY' of the coupons from any person r..:~...., .", ."d witl\c8lt.~~1..l thellilt.-..Ilas acquired absolute title thereto, free from any defenses enfor- ceable against any prior holder and free from all equities and claims of "II", _rship of a.n;y such prior holder. The. City of Schertz and its official and fiscal agents shall not be affected by any notice to the contrary. THIS BOND SHALL NOT BE JJu.rmI) TO CONSTITUE A DEBT of the City of Schertz or a pledge of' its faith and credit, but shall be payable, as to principal and interest, solely from the revenues derived from. the operation of the waterworks and sanitary sewr system of said City, including all additions, extensions, replacements, and improveDltnts thereto which ~ hereafter be made, after deduction therefrom of the reasonable expenses of main- tenance and operation of said system. The holder hereof' shall never have the right to de- mand payment of this obligation out of any f'UJlds raised or to be raised by taxation. THE CITY .1!iA.rttESSLY RI!SERVES THE RIGHT TO ISSUE the remaining bonds authorized at the election held on December 15, 1962, and additional bonds payable from the net revenues of or said waterworks and sanitary sewer systea, and such remaining voted bonds and addit- ional bonds IDa:3 be on a parity and of equal dignity in all respects with the bonds of this issue, but such remaining voted bonds and additional parity bonds may be i"ued only - pursuant to and subject to resm-ictions, covenants, and limitations conta1Ded in the ord- inance authorizing this issue of bonds, to which reference is hereby made for 81.1 particu- lars. IT IS L'1MU!.IjL CERTIFIED, RECITED, AND REPRESEtnJ!.1J that the issuance or this bond and " the other bonds or the series of' which this bond is a part is duly authorised by law; that all acts, conditions, and things required to exist and to be d<me precedent. to and in the issuance cd this series of bonds to render the SSE la1du1 and valid have been proper17 done and performed and have happened in regular and due time, form, and manner, as required by law; that due provision has been made for the pqment of the princijtal and or the in- terest on this bond and the other bonds of the series of which it is a part by irrevocably pledging the net 1 Ci t"nues ~ said waterworks and sanitary sewer 878temj and that the is- suance of' this series of bonds does not exceed any Const.itutional or statutor;y limitation. IN TESTIMONY WHEREOF, the City Council of the City of Schertz, Texas, has caused the factimile of' the corporate seal or said City to be lithographed or printed hereon, this bond to be signed by the Mqor or said City and countersigned by the City Secret8r7 by' their lithographed or printed facsimile signatures, and the interest coupons hereto att- ached also to be secuted by said facsimile signatures of' the Mqor and City Secretary, all as of the 1st day of February, 1963. COUNTERSIGNED: b it. e. '1 ..!!/ G. W. Pickrell ( I ~ 'MdO CitY' Secretary' - . Section 6: FORM OF INTEREST COUPONS: That. the interest coupons attached to said bonds substantially the f'ol..lOW1ng form.: . NO. s/ R~ W. Richard Mayor, city of' Schertz, Texas shall be in subs $ ON THE FIRST DAY OF ,19 n ., * THE lJJ.:'lL OF ::>tafr;tt'l''L., in the County of Guadalupe, State or Texas, t'.l1U1"lJ.O:)l!A) .1.0 rA.1lV .cl!.ARER,without exchange 4 I' I : , I ~.03 or collection charge., at the li'rost National :Bank, San Antonio, Texas, THE SUM or $ ill IZrf coin or currenq- of the United ~tates of America which onsach cia.... is legal tender for the payuent of debts due the 'Onited States of .A.merica, solely from the spec- ial fund specified in the bond to which this coupon appertains, said sum being interest due that date on City of Schertz, Texas, Waterworks and Sewer System Revenue Bonds, Series 1963, bearing the number hereinafter specified, dated February 1, 1963,. The holder hereof shall never have the right to demaad payment ot this obligation out of any funds raised or to be raised by taxation. Bond No. . City /j~/~"');'OP? Q~c;a~-w Mayor *(Coupons maturing after June 1, 1983, shall contain the following additional clause: unless the bond to which this coupon appertains has been called lJr prev- ious redemption and due provision made to redeem same,) Sect.ion 7 : REGISTRATION OF BONUS BY STATE COMPTROLLER AND FORM OF REGISTRATION CERTIFICATE: That each or said bonds shall be registered in the office or the Comptroller of Publ1c Accounts of the State of Texas, as provided by law, and the registration certificates of said COJIIptroller of Public Accounts, which certificate is to be manually exeC1l'lled,shall be in substantially the following form: OFFICE OF THE COhr .I.I\Ou'ER REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that there is on file and or record inJf't1' office a certificate of the Attorney General of the State of Texas to the effect that this bond has been ex- amined b7 him as required by law, and that he finds that it has been issued in conform- ity with the Constitution and laws of the State of Texas, and is a valid and binding special obligation or the City of Schertz, Texas, payable from the revenues pledged to its pqlWtnt by and in the ordinance authorizing the same; and said bond has this day been registered by me. WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas, . Comptroller or Public Accounts' of the State of Texas .4\ r Section 8: DEFINITIONS: That, as used in this ordinance, the following words and terms shall _an and inClude, and are defined, as follows, to-wit: (a) CITY - the City of SChertz, Texas, and, where appropriate, the City Council therof. (b) System - the waterworks system to be purchased by the City with the pro- ceeds of sale 01" the bonds authorized by this ordinance and the sanitary- sewer system of said City now under construction, including all present and future additions, exten- sions, replacenents, and improvements to said waterworks system and sanitary sewer system. (c) Net Revenues'" the gross revenues derived from the operation of the system less the reasonable expense of maintenance and operation of said system, including all salaries, labor, materiels, interest and such repairs and extensions as in the judge- ment of the governing body of the City are necessary to keep the plant or utility in operation and render a~quate service to such City and the inhabitants thereof, or such as rrd might be necessary to meet some physical accident or condition which would otherwise impair the original security. (d) _ Bonds - the $300,009 City of Schertz, Texas, Waterworks and Sewer System Revenue Bonds, Series 1963, dated ebruary 1, 1963, authorized by this ordinance. . (e) Remaining Bonds - the ~remaining $300,000 Te"'n~baDQJ-',apthor.iz,d at .the~",::, e:le~t.'i_ ne1J1.~1D 't1\e City'on~, the l~th dq of December, 1962, and which the City expressly reserves the right to issue in Section 10.06 of this ordinance. 204 (t) Additional. nonds ~ the additioaal Parity revenue bonds that the ~ity expressly reserves tne rigttt. 'to 1.SSUS in Section 10.07 of this ordinance. '~'e ct'i~n '; SECURITY FOR BORnS. REMA!L".UVlt BONm, AND ADDITIONAL BONtS: That the Bands (and, when issued.. ' the re_1ning bonds and the Additional Bonds) are pqabJ.e trom and secured b7 a :rirst - lien on' and pledge ot the revenues of the System after deduction therefrom or the re- asonable expenses of maintenance and operation of said System. The Bonds and, vhen issued" the Remaining Bonds and the Additional Bonds shall be in all re~cta em a parit7 and of equal dignity with one another. Section 10: PLEDGE OF NET REVENUES: That all of the net revenues from the operatiOD of the System, with the exception o.f those in excess or the amounts required to establish and maintaia the funds as hereinafter providid" are hereby irrevocably pledged to the pa,/ ,< .,,,,,t of the Bonds, and" when issued" the Remaining Bonds and the Additional Bonds, subject to the terDlll ad provisions of this ordinance. For the benefit of the original purchaser or the Bonds and for the benefit of any and all subsequent holders of said BondS, interest coupons, or MY part thereof', and in addition to all other provisions and con'ftnants and the laws of the State ot Texas and in this ordinance, it is eJCpftss1y stipulated: 10.01 RATES: The City shall fix and maintain rates and collect charges for the facilities and &emces afforded by the System which will produce reftnues sufficient at all times: (a) To pay tor all operation, maintenance, depreciation, replace_at, and better- _nt ehar~s or the d '.I 1,,' l.em; (b) To produce net revenues each year in the _".."~ not lesa than one-half' I times the aftrage annual principal and interest requirements on all 'bClads then outstaDd- iDg payable tr01llthe ..~: ,.nues of' the 8)"stem; (c) To establish and DBintain the Bond Fund and the Resern Fund as provided in this ordinance and any ordinances authorizing the issuance of the ReJl&ining Baade and the Additional Bonda; and (d) To pq all outstanding indebtne8s against the System, other than the Bonds, ~ and the AdditioDaJ. Bands, as and when the __ bec~ due. Pro"fided, also, that no tree service or services of the System shall be allOlled" and should the City or &fIT of its agencies or instrumantalities .n use of' the services and facilities or the System, P..l\l.,..:.nt ot a reasonable value thereof shall be -.de by the City 'out of funds deriftd from sources other than ...' ".,nuesand income of the S)"Btem. 10.02 USE OF J:l.1!.VJ!.!~u~: The City will deposit, as collected, all revenues derived from t.he opera'tion of the oystem into a separate account (Herein called the "System Fund"), which shall be kept separate and apart from all other f'unds of the Ci t)". The System Fund shall ba administered as follows: (a) Maintenance and operation: From the monies in the System Fund, the City shall pa7 the expenses of' maintenance and operation of the System, including all salar- ies , labor, materiels, interest, and such repairs and extensions as in the judgement of' the governing bodT of the City are necessary to keep the plant or utility "in operation and render adequate s.... .108 to such City ad the inhabitants thereof, or such as might be neees8&1'1' to meet s~ pb1'Sical accident or condition which would otherwise 'impair the original security. (b) BOND l'UIU) : There is hereby created ed e8tablished a special fund for the p" "" ".:.J$ of' the pr1nc:Lpal of and interest OIl the Bonds, to be known as CITY OF SCHERTZ WAl'1!J(wORKS AND SEWER SYSTEM Rr,~l!.L~UE BOND nu.l!.~T AND SINKING FUND, hereinafter ref... ",d to as the "BOND l'UL'U". After the payment or all expenses provided for in the IMIXt pre- ceding par~....~h, the City, on or before the loth day of' each month, beginning with the month of March, 1963, and continuing untU all the bonds have been finally paid, both as to principal and interest, shall, from .ODies in the System Fund, P81' into the Bond Fund the following amounts: (1) On or before March 10, 1963, and on or before the 10th dq of each month thereafter to and including the month of May, 1963, an aJIlOUDt which is not less than one-third (1/3) of' the interest falling due on JUDe 1, 1963, on the Bonds jand (2) On or before June 10, 1963, and on or before the loth day or each month thereafter, an amount which is not less than: one s1xth (1/6th) or ,the next maturing interest on the Bonds, and one twel1th (1/12th) of the next maturing principal of the Bonds. '--- ---i ,. r ,- I 205 If in any month the City shall" for any reason, fail to pay into said 'eond 'Fund the full amounts above stipulated, amounts equivalent to such deficiency or deficiencies shall be set apart and paid into said Bond Fund .f.'romthe first available and unallocated :revenues of' the following month or months and shall be in addition to the amounts here- inabo'le provided ,to be otherwise paid into said Bond Fund each month. The monies paid into the Bond Fund shall be deposited in the otficial depository of the City, and shall be continuously secured by a valid pJ.euge to the City of direct obligations of the United States of America, having an aggregate market value, exclus4.ve of accrued inter- est, at all times equal to such Bond Fund. '!he amount received from the purchaser of the Bonds as accured interest thereon from the date of the Bonds to the date of deliv- ery shall also be placed in the Bond FUnd, which shall reduce by such amount the sums which would otherwise be required to be placed into the Bond Fund from the Revenues. of the System. (c) Reserve Fund: There is hereby created and established a special fund as a re- serve 1U17rlthe Bonds, to be known as CITY OF SCHERTZ WA:LMtwORKS AND SElrJER SYSTEM REVENUE BOND RESERVE FUND,. After the payments required by the next two preceding paragraphs have been made, the City, on or before the loth day of each month, beginning with the :~~~~~ 1~6~tS~i: t~~$34~;:/~mo~}~~~~~yin~~il~tm~~d,'-- !1ont1Jfoed:~t:U---sueb--time': as' t.ber. is-.in' the Rese~ Fund an 'amoUnt no" less than :',. -' ~ $21',000. ';If- ~.~J.ny' mont~~"'c:ity'.:~~l, f.~..a,;,.-.~~; ,~a~,~o'p&i~in'tot.~_ ~;~~e',- Fund the full amount above stipulated, amounts equivalent to such deficiency or defi': ciencies shall be set apart and paid into the Reserve Fund from the first available and unallocated revenues of the following month or months and shall be in addition to the monthly deposit hereinabove provided to be otherwise paid into said Reserve Fund. The monies paid into the Reserve Fund shall be deposited in the official depository or the City and shall be continuously secured by a valid pledge to the City of' direct obligations of the united States of America, having an aggregate market value, exclusive of accrued interest, at all times at least equal to such Reserve Fund. The moneys in the Reserve Fund" at the option of' the City" may be invested in direct. obligations of the United States of America maturing within 10 years from the date of purchase or maturing before the tinal maturity of the Bonds then outstanding, which ever shall occur first, which shall be deposited in escrow with the local depository under an escrow agreel/l3nt. If such moneys are so invested and deposited in escrow, the City shall have the right to have sold and shall sell through the escrow agent on the open market a sifficient amount of such securities in order to meet its obligations of principal and interest in the event that it does not have sufficient uninvested funds on hand for such purpose. Under such circunstances, the Mayor is" hereby authorized, ordered, and directed to give fifteen (l~) days written notice to such escrow agent of the necessity to sell such sec- urities on the open market. After said sale, the moneys resulting therefrom shall belong to the Reserve Fund and shall be availab~e to pay such obligations of principal and in- terest as above provided. So long as the Reserve Fund contains a balance of not less than $21,000, no further payments need be made into said Reserve Fund; however, in the event that said balance is ever reduced to an amount less than $21,000, the monthly payments as provided above, shall be continued and resumed until said balance of' not less than $21,000 is again reached and maintained. (d) Trust Fund: Moneys in the Bond Fund and in the Reserve Fund shall constit- ute trust funds, and shall be used solely for the aforesaid purposes until all of' the Bonds have been retired, both as to principal and interest, The 8t':t-'... opriate officials of the City shall ..sure that moneys are transferred from the Bond Fund (and" if necess- arr, from the Reserve Fund) to the Bank of pa.ynent at the proper ti118s so that funds will be available for the payment of the interest on and principal of the Bonds as such interest and principal respectively become due and payable. When there are moneys in the Bond Fund and Reserve Fund sufficient to make all interest payments and all principal pCIJ....:.nts due and to become due to the final maturity of all bonds then outstanding pay- able from the revenues of the System, no further payments need be made into said Bond Fund and Reserve Fund. , . (e) Surplus: Any i'unds remaining in the System Fund after provisions has been made for the payment of the reasonable costs of maintaining and operating the System, and for the p~nts into the Bond Fund and the Reserve Fund, as above provided, and 208 atter provision has been JIIade for all paynents that may be required by ord:inances or proceedings pertaining to reaming ~ODds or A.dditional aonds, may be used for the re- tirement of ~onds, 'Remaining ~onds, or A.dditional ~onds, or may be used for any other purpose or purposes perm:itted by' law. 10.03 - MAINTENANCE AND vr:r.t\A.TION: The City shall ~tain the System in good condition and operate t.he sue in an efi:1.c1.ent manner and at a reasonable cost. So long as any of the Bond8 are outstanding, the City agrees to maintain insurance, for the benefit of the holder or holders of said Bonds, on the System of a kind and in an amount which would usually be carried by private conpanies engaged in a similar type of business. Nothing in this ordinance shall be construed as requiring the City to expend any funds for this purpose which are derived from sources other than the operation of the System, but nothing herein shall be construed as preventing the City from doing 80. 10.04 ACCOUNTS~ FISCAL !EARl AND ACCvulu,ING REPORTS: (a) The City shall keep proper records and accounts (separate iran all other records and accounts of tbe Cit7) in which complete and c"'.....:.ct entries shall be made of all transactions relatiDg to the System, The City will operate the System on the basis of a fiscal year ending December 31st. (b) Not later than the 15th day of each month, beginning with the month of ~ April, 1963, the City will furnish, without cost to: M.E.Allison.& Co.,Inc., San Antonio, Texas, andany holder of any Bond or Bonds who _1' so request inwriting, a copy of a lllOnthly operating statement signed by an official of the City, covering the next preceding calendar month, showing the following information relating 'to the System: (1) IncOJll!' and expense statement; (2) Balance in each of the Funds created by this ordinance; (3) Number of billings for water services of System; and (4) Number of billings for sanitary sewer services of System. (c) Not later than 90 days after the close of each fiscal year, beginning with the fiscal year ending December 31, 1963, the City will furnish without cost, to: M.E.Allison & Co., Inc. San Antonio, Texas Municipal Advisory Council of Texas Austin, Texas, and any holder of any bond or bonds who Jf'JBy so request in writing, a signed certifutct' oopy of a report of an independent certified public accountant or firm or certified public accountants, covering the next preceding fiscal year, showing the following information relating to th e System: (1) Income and expense statenent; (2) Balance sheet; (3) Accountant's COJlllllellt regarding the manner in which the City has complied with the requireJllents of this ordinance, and his recOJllllll!')ndations for a.rrr chang- es or improvements in the accounting proeedures; (4) List of Insurance policies in force at end of the tiscal year, showing as to each policy, the risk covered, the name of the insurer, and the expiration date ; (5) The number of UDJIIl!)tered water coust01llers or the System at the end or said fiscal year. 10.0, INSPECTIONS: Arty purchaser of 25<( or more in principal amount or the Bonds, then outstanding s~ have the right at any reasonable t:ime to inspect the System and all re- cords, accounts, and data or the City relating thereto. . 10.06 REMAINING VOTED BONDS: The City expressly reserves the right to issue the remain- ing $300,000 bonds au1ihor1zeCl. at the election held in said City on the 15th dq of Dece- _ mber, 1962, in one or more installments, and such Remaining Bonds, when issued, shall be payable from and secured by a first lien on and pledge of the net revenues of the System in the same unner and to the same extent as are the Bonds, and such Remaining Bonur Bonds shall be in all respects on a parity and of equal dignity -with the Bonds. No Re- maining Bonds, however, shall be issued unless: (a) ! I : 201 (a) The city is not then in detault as to any c......:.-nant, condition, or obligatiaa prescribed by this ordinance; (b) Each of the funda created by this ordhaance ccntaiJls the aaout ot money then l'\Iquired to be on deposit thel'\lin; (c) The average annual net revenues of the System for either or the following two ;y1tar periods: the 24-month period ending on the last dq of the month preceding the JIlOnth in which the bond ordinance is adopted authoriziBg such Remaining Bond8, or the then two preceding fiscal years, as certified by ,811 indepenent certified public accountant or firm or certified public- accountants, were legal to at least one and ,one-half (1~1/2) times the average annual principal and interest requiremnts on all first-lien revenue 'bonds pqable from the net revenues of the System that will be outstanding after the Remaining Bonds then proposed to be issued are issued and sold and delivered (such average annual principal and inter- est requirements to be computed on a calendar year basiA and as of the date of the Re- maining Bonds then proposed to be issued); provided that if during any part of the two- ;y1t&r oeriod all or any part of the System mq have been owned and operated by a private corporation or person, the eamings and I......~_nses during such time will be adjusted to refiect municipal ownership and operation; (d) Provision is made in the bond ordinance authorizing the Remaining BBds then proposed to be issued for additional P&3'DIl'nts into the Reserve Fund (in addition to pqments required by this ordinance) so that said Reserve FUnd will in not later thaD five (5) years from the date of such Remaining Bonds contain a balance of not less thau the average aannual principal and interest requirements on all first-lien revenue bonds payable from the net revenues or the System that will be outstanding after the Remain- ing Bonds then proposed to be issued are issued and sold and delivered (such average annual principal and interest requiremnts to be computed on a calendar year basis and as of the date of the Remaining Bonds then proposed to be issued; and (e) The Remaining Bonds then proposed to be issued are made to mature on June 1st in each of the years in which they are scheduled to mature. The term net revenues as used herein shall man all of the net revenues ot the System (exCluding income received specifical17 for capital items) after deduction of the reasonable expenses of maintenance and operation of the System (excluding ex- penditures for capital items). 10.07 ADDITIONAL PARITY BONDS: rn addition to inferior lien bonds authorized by Chapters 249 and 250, Act.s or the ?~st Legislature or Texas, Regular Session, 1949, as amended, the City expressly reserves the right to issue additional parity revenue bonds in one or more installments, and such Additional Bonds, when issued, shall be payable fr01ll and secured by a first lien on and pledge of the net revenues of the System in the sa.me manner and to the same extent as are the Bonds and the RemainiDg Bonds, and such Additional Bonds, shall be in all respects on a parity and of equal dignit7 with the Bonds and the Remaining Bonds. No Additional Bonds, however, shall be issued unless the conditions and terms set forth in Section 10.06 hereGr relating to the Remaining Bonds are met, and siad conditions and ter118 shall apply' with equal force to the issuance or such Additional Bonds. , Section 11. SYSTEM OF RECORDS AND ACCOUNTS: Tha't 'the Mayor, City Secretary, and City Treasurer are hereby instructed and directed to do any and all things necessary in reference to the installing and maintaining of a complete system of' records and accounts pertaining to the System and to make th,e moneys available for i he payment or the Bonds in the manner provided by law. Section 12: 12.03 SALE OR ENCUMBRANCE OF S'Y~'l'.I!:M AND l$UANCE OF REFUNDING BONDS: That., so ~ong as any 01' tne Bonas authorIzed herein remain outstanding, the City will not sell or encumber the System or any substantial part thereof, and that, with the exception of the Remaining Bonds mntioned in Section 10.06 hereof and the Additional Bonds mentioned in Section 10.07 hereof, when issued in accordance with all the terms and conditions of this ordinance., it will not encumber the revenues of the System un- less such encumblrlmce is made junior and subordinate to the Bonds and to all provisions 208 of this ordinance, ~rovided, however, that the Bonds, ReJDaining 'Bonds, and Addittional Bonds may be refunded with the consent of the holders thereof texcept that as to ~onds,RemaiD:1ng Sonds, or Additional ~onds which have matu~d by norma~ maturity or through the exercise of option or prior redemption provisions, such consent shall not be necess&r7), and the refund- ing bonds so issued shall enjoy complete equality of lien with the portion of outstand- -, iDg first-lien revenue bonds which is not so refunded, if any there by, and the re1'und- i ing bonds shall continue to enjoy the priorty of lien that may have beeD enjoyed by the - refunded; provided, if only a Dortion of the tirst-lien revenue bonds then outstanding is so refunded and if the refunding bonds are issued in such manner that the interest rate is increased or that any or that any refunding bond matures earlier than any of the C,(' ,J outstanding first-lien revenue bonds which are not rehnded, then such refunding bonds may be issued only it the terma and conditions set forth in Section 10.06 hereof with re- spect to Remaing Bonds are met, and such terms and conditions shall apply with equal force to such refunding bonds. Any refunding bonds may be either delivered to the holders of a like amount or the underlying bonds, or, if authorized by law, may be sold and delivered to purchasers pursuant to payment therefor for not less than Pili' and accrued interest, in which event the proceeds of sale and deli. ~:"J shall be applied to the paynent of the under- lying bonds authorized to be refunded. 12.04 NO COMPETING SYSTEM: That the City further cOJlenants and agrees, to the extent it legally JUY, that so long as any of the Bonds, or interest thereon are outstanding, no franchise shall be granted for the installation or operation of any competing system, that the City will prohibit the operation of any system other than those owned by the City, and that the operation of any such system by anyone other than the City is hereby prohibited. See tian 13 : ORDINANCE IS CONTRACT: That the provisions or tis ordinance shall constitute a contract b~t:,I~er between the City and the holder or holders from time to time of the Bonds, and after the is.suance of any of said Bonds, no change, variation, or alteration of any kind in the pro- visions of this ordinance may be made until all of said Bonds have been paid in full as to both principal and interest. ~ection 14: A?PROVAL AND REnIST>?ATION OF BONDS BY :)"!'A'I'E O~~l.v.MtS: That it shall be...the duty of the Mayor to submit the record or said BondS and the Bonds to the Attorney General of the State of Texas for examination and approval, and therefore to have such Bonds registered by the Comtroller of Public Accounts of the State or Texas. Section l5! SALE OF BONns: That the sale of Bonds to M.E.Allison & Co., Inc., San Antonio, Texas, at a price equal to the principal amount thereof plus accrued inter.st thereon from the date thereof to the date of actual delivel'7, subject to the unqualified approving opinion as to the legality of said Bonds by the AttorneY' General of the State or Texas and Vinson, Elkins, Weems and Searls, Houston, Texas, market attorneys, is hereby authorized,approved rat.i1'ied, and confirmed. When said bonds have been approved by the Attorney General and registered by the Comptroller of Public Accounts of the State of Texas, they shall be delivered to the purchasers upon receipt of the full pul'Chase price. Section 1-6: DUTIES OF THE CITT OFFICERS: That the Mayor, the City ~ecret&rT, and other appropriate orriciaJ.s 01" the City are hereby authorized and directed to do any and all things nec- essary or convenient to carry out the provisions of this ordinance. Section 17: J!.J.'J.'J!lCTIVE DATE OF ORT'INANCE: That this ordinance shall be in full force and effect from and at"etn its adoption. PASSED AND APPROVED this 29th dq of JanU8.l"1', 1963. ATTEST: s/ G.W.Pickrell City Secrea'try s/ Roy W. Richard ,_ Mayor, City of' Schertz, .Lexas (SEAL) , .,. .,. iI I ! 209 :Mr. 11:ldred stapper talked with the Council regarding a regular setup on auditing ad the general practices that wm be required. On a motion by Mr. Bel ton seconded by Mr. Ebert that Mr. Stapper be retained for this job. Motion unanimously carried. (, 'iI6e,'CI Mr. Cmss of Cross and Mullins, Inc explained the future planning program as requested by Mayor Richard this was on streets, curbs, water and sewer mains extensions,sub-div:lsion ordinance,and standard plans for the city. Motion by Mr. Bolton seconded by Ml-. Cq~ to have Mr. Cross make a survey on the above. Motion carried. ? 3'l/i' The question of obtaining land for a water storage supply was discussed and after much. consideration on this subject Mr'. Bolton made a motion which was seconded by Mr. Ebert that the City purchase a certain tract of land at the northeast comer of the City lim- its trom Mr. Schertz for this purpose . Motion unanimously' carried. ,,:3 iq$C Motion by Mr. Ebert seconded by Mr. Bolton that the following bills be paid: CrO!ls and Mullins $350.00 Becks Food Store $6.57 Ra;ral McBee Typ.......lter Co. $3.25 . Clerks Assn $5.00 The Clegg Co. $43.40 Motion carried. Letter from Koennecke & Forshage Public Accountants unable to handle a:rr:r work at this tim for the City. Notice of Election to be held on the 2nd day of April, 1963, was posted at City Hall, City Fire Station, Becks Food store, Wuest Drug Store and Riedels Food Liner. ~ ~,,,~J Motion to adjoum by ~. Cosby seconded by Mr. Bolton., motion carried. I"" if )1, ()A~1u.{l G.w.plc~~' Secretary ,Q fj{Q,,,'~_,-, H.oy w. ~~or r-. Regular llEeting of the Schertz City Council held at the City Hall in Schertz, Texas on the 7th day of February 1963. . Hayor Roy W. Richard called the meeting to order with the following Aldermen present: Elgin Beck, Geo. P. BOlton, W. E. Ebert, Ralph Ikels and R. R. Cosby. Minutes of meetings of January 3 and January 8 were read and approved. Five officials of the Southwestern Bell Telephone Company presented The Metropolitan Service Plan which they are endeavoring to have adopted and approved. The City Council is in favor of the service plan but are asking the Telephone Company to submit more reasonable rates for consideration. Letter was mailed to the Telephone Company informing them that, by unanimous vote the Resolution as submitted was rejected. Mr. H. P. Thulemeyer and several persons representing the business houses t3 0;2.3 on the noz::.h side o~ Highway 1518, presented a petition asking that some actj.on / 0'_ I be taken wlth the Hlghway Department to void the parallel parking ordinance. S-- /;2(. The council assured these people this will be taken under consideration. Report of the first advance on government money was received in the amount of $119,000.00. Application for Electricians License with necessary fees and bond received (,:B. ();;)tj from Mr. W. L. H. Schlueter. Motion by Hr. Cosby, seconded by Mr. Bolton to I ~6 issue license. Motion carried. Letter and plans for Mr. Seligrnann on the Sewer Line for the sub-division ~ ~/()j.~ and approved. Motion to accept the above by Hr. Ikels, seconded by Mr. Cosby. ).2 J Motion unanimously carried. Motion by Mr. Cosby seconded by Mr. Ikels to pay $3,400.00 to HHFA. (, '3 I 0 ')~ Motion unanimously carried. ) ;). I An Ordinance Ng. 80 regulating the use of sewers and providing rates for service and prescribing a penalty of not more than $100.00 for violation thereof, was fully read and after discussion on a motion by Mr. Cosby, seconded by Mr. Ebert the Ordinance be passed and approved as read. Motion unanimously carried. f. ," ~, '.t'...'" I Or;;!:;' I~ ~ t.3, CJ {). J /,;ll :tI tlD 210 ORDINANCE NO. 80 AN ORDINANCE REGULATING THE USE OF SEWERS AND PROVIDING RATES FOR SEWER SERVICE TN THE CITY OF SCHERTZ, TEXAS, PRESCRIBING A PENALTY OF NOT MORE THAN $100.00 FOR ONE VIOLATION THEREOF. DEFINING VIO* LATIONS, CONTAINING A SAVING CLAUSE AND REPEALING ALL CONFLICTING , ORDINANCES. r I \ "---' BE IT ORDA.ll'tl!olJ BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 1. That 1:or each and every connection made to the City's sani... tary sewer system the following charges and rates are here~ fixed: a a. Residential Connections A minimum charge of Two Dollars ($2.00) for each connection Within the corporate limits of the City serving five or less fix- ture openings and Fifty Cents ($0.50) per month additional for each additional opening served by such connection. b. Commercial Connections A minimum charge of Two dollars ($2.00) for each connection within the corporate limits of" the City and an additional charge as follows, based upon the amount of water calsumed: $0.10 per thousand gallons for the first ten thousand gallons of water consumed. $0.08 per thousand gallons for each thousand gallons of water consumed from 10,000 to 50,000 gallons. $0.05 per thousand gallons for each thousand gallons consumed over 50,000 gallons. Where industrial waste UYe discharged into the sewers, if' such waste contains amounts of suspended solids, and bio-chemical oxygen demand in excess of normal d01D!sttc waste, the service charge for such connection shall be subject to negotiation by the business estab- lishment and the City. Such special charges shall be based on the quantity and quality of waste discharged into the sewerage system of the City of Schertz. .~ c. ~ultiple Connections Where more than one residence, business establishment, complete aparlnent or trailer house is served by a single sewer connection there must be paid each and every month &hfi minimum charge heretofore provided by the City of Schertz for the use of sewers of each such residence, business establishment, complete apartment and trailer house so connected. If any question shall arise as to whether any connection in question is to a separate house, business establisht;9nt, complete apartnent or trailer house, as provided in this paragraph, such determination shall be made by the City Council of the City of Schertz, and their decision shall be final. d. Connections outside the City Limits A minimum charge of Six Dollars ($6.00) for each resi- dential connection out side the corporate limits of the City serving l.,.. IIJJ' , ,,. 211 - i four or less fixture openings, and fifty cents t$O.C;O)" per month additional opening se:eved by such connec'non. A minimum charge of Six Dollars ($6.00) for each com- mercial connection outside of the corporate limits of the City and an additional charge as follows, based upon the amount of water consumed: $0.10 per thousand gallons for the'iftrst:'3terl 'tso1h.sBlldr)gal- Ions of water consumed. $0.08 per thousand gallons for each thousand gallons of water consumed from 10,000 to ~O,OOO gallons. $0.05 per thousand gallons for each thousand gallons con- sumed over 50,000, gallons. Where industrial waste are discharged into the sewers, if such waste contains amounts of suspended solids, and bio-chemical oxygen demand in excess of normal dOTTestic waste, the service charge for such connection shall be subject to negotiation by the business establishment and the City. Such special charges shall be based on the quantity and quality of waste dischar~ed into the sewerage system of the City of Schertz. 2. The City of Schertz shall have the right as such times as it may see fit to cause an inspection to be made of any residence, business establishment, apartment or trailer house served by a sewer connection of the City of Schertz, Texas. 3. In event any user or customer of such Sanitary Sewer system dies not p~ matured rates and char~es as herinafter specified, it is hereby made the duty of the ~ity Secretary to disconnect sani- tary sewer service to such user or customer, and whenever the amount past due and delinquent is paid by such user or customer, such service may be resumed, but there shall be charged and collected a fee for reconnection to the sanitary sewer system plus the actual costs to the said City incurred in the disconnection and reconnection of such sewer service. 4. Any customer or user who has, not Daid his account by the lOth day of the month next following the month in which billed shall have his sanitary sewer service discontinued. ~. All charges for sanitary sewer service furnished or rendered by the City of Schertz, Texas, shall be due and payable on the 1st day of each month at the office of the City Secretary of Sche!'i)z, Texas, and if not paid by tm last da,y of the month in which billed, 10% of the total amount of such bill shall be added to same as a penalty for non-payment. An additional 10% of the original amount of such bill shall be added for each additional 30 day period for which such customer is delinquent. 6. No water service shall be furnished to any customer or user of the sanitary syatem of the City of Schertz, Texas, by any water works or supplier furnishing such customer with water service who is delinquent in the payment of any sum due the City of Schertz, Texas, for sanitary sewer service furnished by the City of Schertz. Any water works or water supplier or distributor supplying water to any user or customer of the sanitary system of Schertz, Texas, shall discontinue water service to such user or customer in the event such sanitary sewer service is discontinued to said user or customer. I. 212 7. ror any connect:on made by any user of the City's sanitary sewer system a tapping fee of Fifty Dollars ($50.00) shall be made. The cost of such connection shall be borne by such customer and no such connection shall be made without the inspection and approval of a designated agent of the City as to the workmanlike quality of such connection and it is in co~liance with good practice and the pro- visions of the ordinances of the City of Schertz, Texas. Each ,such tap on the sanitary sewer system of the City of Schertz, Texas shall be connected with a wye of approved size placed in the collecting line of such system. No such tap shall be left open over night or allowed to remain open at such times as might allow surface 'rainage into the sanitary sewer system of said City. L 8. No person, firm, partnership or association of persons or corporation shall introduce or cause to be introduced into the sani- tary sewer system of the City and iol, grease or inflaIllllable material. Whenever any person, firm or corporation shall install floor and/or roof drains to be served by City Sewer Service such person, firm or corporation can be required to install approved and properly constrllcted sand and/or grease traps in connection therewith. 9. No free service shall be allowed to the extent the City and its various departments avail themselves of the services afforded by the Sanitary Sewer System they shall pay therefor the same rates charged other consumers. 10. Any person, firm, partnership, association of persons, or corporations, or any agent or employee thereof, who shall violate any of the rules, regulations or provisions of this ordinance, or any part of it or any portion thereof, by any act either of om:ission or cormnission or cause the same to be done, shall be deemed gull ty of a misdeameanor and upon conviction thereof shall be punished by a fine in any amOlmt not exceeding $lOO.UO for each and every violation. Each violation of each part or any part of this ordinance shall be and constitute a separate offense and where such violation is a con- tinued act, each day such violation is continued, or permitted to continue shall be a separate offense and be punishable accordingly. r--1 --' 11. This ordinance is cumulative of any other ordinances on the subject and does not repeal any present ordinances unless this ordinance is in direct conflict therewith) in which case this ordi- nance shall govern. 12. If any section, part of a section, phrase or provision of any section of this ordinance shall be held to be void, in effective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance which shall remain in full force and effect. The City Council would not have passed any section, parts of sections, phrase or provisions of any section of this ordinance that were unconstitutional, void or ineffective if they had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. 13. This ordinance shall become effective upon passage, publi- cation and approval as provided by law. ~ , ...it,.. 218 PASSED AND APPROVED, this the 7th day of February, 1963. -- i I I I l1ayor ATTEST: . A~ 11. (2;j)(()Rf) Secretary Mr. Floyd Westerman read a proposed Ordinance NO. 81. Governing the City TNater Works System. This Ordinance was carefully explained by Hr. Westerman and b3,o~g after a full discussion and consideration of same, Mr. Cosby made a motion seconded / '3 '/ by Hr. Bolton the ordinance be accepted passed and approved as read. Motion 1=L- 8/ unanimously carried. ORDINANCE NO. 81 I I AN ORDINANCE GOVERNING THE CITY WATER 1".TORKS SYSTE}1 OR SCHERTZ, TEXAS; PROVIDING FOR THE APPOINTMENT OF A l'-lATER r'JORKS SUPERINTEN- DEHT; PROVIDING FOR. CONNECTIONS TO r-TATER MAINS; REGULATING THE USE OF WATER FROM THE CITY TrlATER l'lORKS; PROVIDING FOR SERVICE THROUGH METERS; PRESCRIBING RATES PENALTIES AND DECLARING AN EHERGENCY. BE IT. ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHEB.TZ, TEXAS: SECTION ONE (1) : There shall be appointed by the City Council of the eity of Schertz, Texas, a Superintendent of the Water Works, who shall be the administrative officer of the water works system, including all engine houses, engines, pumps, reservoir~, stand pipes, elevated tanks, pipe lines, hydrants, meters, wrenches, stopcocks, gate valves, fire plugs, testing equipment and all other property and machinery used in or connected with the water works system. He shall have general supervision o\er all employees of the water works system and shall make frequent trips of inspection over all pipe lines and all other property used in or connected with the water works system, and shall make all repairs deemed necessary and consistent with his duties. SECTION TtlO (2): He shall also report all violations of this ordinance to the City Council and shall forthwith proceed to have prosecuted offenders as set forth in this ordinance or any amendment thereof. SECTION THREE (3): He shall also attend to and control the water supply and at all times see to the sufficiency thereof, he shall notify the comrmmity, unless emergency requires otherwise, of the necessity of shutting off any pipeline for the purposes of making repairs, extensions, connections, etc" should he know before- hand the necessity to so shut off the water from any line or lines of the sys te m. SECTION FOlTR (h): It shall hereafter be unlawful for any person or persons to do, commit or assit in cOl1U1litting any of the following 214 things or acts in the City of Sche rtz, Texas: (a) To resort to any fraudulent device or arrangeIrent for the purpose of procuring water for himself or others from private connections on premises contrary to the City regulations or ordinances. (b) To make or permit to be made any connection with the main or service pipes of the water works system or to turn on or use the water of said system without first obtaining a permit therefor. (c) To remove any water meter that has been placed by the City, or to in any manner change, interfere with or tamper with any water meter; providing that the provisions of this section shall not apply to the employees of the City when acting in their official capacity. (d) To turn on the water supply to any building or to any su.pply pipe where the supply has been turned off for the non-payment of the monthly water charge or for the violation of any rule or ordinance governing the water system. (e) To open or close any fire hydrant or stopcock connected with the water works system of the City of Schertz, or to lift or remove the covers of any gate valves or shut off thereof, without the per- mission of the Superintendent of the Water Works, except in case of fire, and then under the direction of officers of the Fire Department. SECTION FIVE (~): It shall be unlawful for any person, firm or corporation to make any connection to the mains of pipes of the water works system of the City of Schertz, Texas, without first making application to the City, stating fully the several and various uses for which water is wanted, giving the name of the owner of the property, the number of the lot and block, name of the street and house number. Upon the payment of the meter connection fee, the Superintendent, shall make, or have made, the necessary connections and furnish a cast iron curb stop box and curb cock, the cost of which is included in the D!lter connection fee, and every premise connected with any water main, or being supplied with any water from the city water works, shall have a separate service connection, curb stop box and curb cock. If the application is approved, a permit will be issued. All fees, and charges shall be paid for at amounts and rates fixed by this ordinance or by resolution of the governing body. SECTION SIX (6): All meters, whether private or belonging to the water works system shall be set by the employees of the City. If the meter gets out of order and fails to register, Ue consnmer will be charged at the average daily consumption, as shown by thp. m!ter when in order. All water that passes through the meter shall be charged for, whether used or not. Sr,;CTION SEVEN (7): Each consumer of water living in or maintaining separate house, business establis~nt, complete apartment or trailer house, must have a separate connection and meter for each house. If any question shall arise as to whether any connection in question is to a separate house, business establishment, complete apartment or trailer house as provided in this paragraph, such detennination shall be made by the City Council of the City of Schertz and their decision - , "'. . ~ \ I '-----' :),".: : I i ,---, J 215 shall be final. Provided where a residence J business establishment, eomplete apartment or trailer house is not in reach of a city water main, arrangements may be made, only with the consent and at the option of the City and for which a permit must be obtained from the City Council, to secure water from another user of city water, in which case the minimum monthly charge shall be made for each additional residence taking water through such meter. Each "minimum" will entitle user to 3000 gallons per month. The regular minimum, the additional minimum, and all water used over the minimums by such consumer, shall be chargea to the customer having the meter. SECTION EIGHT (8): Each water consumer, (except where the property served is owned by such consumer) shall put UD a $lO.QO meter deposit which may be applied to the payment of any unpaid biD s, and, when so used, the deposits shall be restored to the original amount. Any unused portion of the deposit shall be refunded at any time the account of service is discontinued. SECTION NINE (9): The following uniform monthly rates shall be charged all persons, firms, or corporations for the use of city water within the corporate limits of the City of Schertz, Texas: RATE SCHEDULE Residential rJ/R" x 3/4" Service $3.00 Minimum Monthly Bill for 3,000 gallons .~O per 1000 gallons for next 10,000 gallons .40 per 1000 gallons for next 10,000 gallons .)0 per 1000 gallons for all additional water used. Commercial III Service $6.00 Minimum Monthly Bill for 6,000 gallons .30 per 1000 gallons for all additiahal water used Commercial Ii" or 2" Service $10.00 Minimum Monthly Bill for 10,000 gallons .30 per 1000 gallons for all additional water used. SECTION TEN (10): Charge for tank purchases: Whenever water is purchased by any consumer other than through a service connection through the water mains of the City of Schertz, Texas, and such water is purchased from taps belonging to the City of Schertz, Texas, such consumer shall pay ten cents ($0.10) for each 100 gallons of water purchased. SECTION ELEVEN (11) : Not more than one consumer as herinabove defined in Section Seven (7) shall purchase water through any single meter without the consent of thE' City Council of the City of Schertz, Texas. SECTION TWELVE (12): That service to any consumer may be dis- continued for non payments of bills as hereinafter provided. In such event a $2.00 charge shall 'be made for reconnecting such customer. SECTION THIRTEEN (13): All charges to a consumer for water con- 216 sumed and sewage charges shall be biDed to the c1lstomer on one bill. The penalty far failure to pay any portion thereof shall be the same as herein provided for non-payment of bills for water consumed. I ---.J SECTION FOURTEEN (14): METER CONNECTION CHARGES AND ml'l!jIt INSTALLP,TION AND REPAIR. (a) There shall be a meter connection charge of $2c;.OO whenever the City connects a consumer through a 5/8" meter. (b) All meters larger than ~/8" to be furnished by the City of Schertz at the cost of the consumer including the cost of the meter and all labor and other charges involved in the connection of same. (c) The City of Schertz, Texas, will keep in repair all 5/8" meters free of cost to the consumer. All 'repair charges for repairs, inCluding labor and parts, made to meters larger than a 5/8" meter shall be charged to the customer using such meter. All such charges to be added to the water bill of such custol'OOr, with the same penalties for non p~ent as herein provided for non payment of bills for water consumed. SECTION FIFl'EEN (15) : No water other than water furnished by the City shall be used in any line to which city water is delivered. No unknown water shall be permitted in such line or lines. SECTION SIXTEEN (16): Failure to comply with any of the provisions of this ordinance shall constitute grounds for discontinuance of service by the City of Schertz. SECTION Sl!iVl!jl'l1'l!jl!j!~ (17): The City of Schertz will not guarantee pressure or volume or water delivered to any connection outside the City Limits of Schertz, Texas. ---' SECTION EIGHTEEN (18): All charges for water service furnished or rendered by the Uity water works of the City of Schertz shall be due and payable on the first day of each month at the office of the City Secretary of the City of Schertz, Texas, and if not paid by the last day of the month in which billed 10% of the total amount of such bill shall be added to same as a penalty for non payment. An additional 10% of such bill shall be added for each additional 30 day period for which such customer is delinquent. SECTION NINETEEN (19): Any person who has not paid his account by by the loth day 01' the minth next following the month in which billed shall have his water service discontinued. It is further provided that in the eVent the meter deposit of any such person, firm, or corporation shall have been exhausted by application to the pa.yIJent of the account of any customer for delinquent and current accounts prior to the 10th day of the month next following the month in which such customer has been billed, then, and in that event, his water service shall be discontinued. --, \ SECTION TWENTY (20): All water furnished by the City water works to its consumers shaJ.l be measured by meters. The size, type and right to own and control all meters installed or used by consumers of. its water shall be determined by said City water works, which shall keep all meters owned by it. in renair without expense to consumer except as .:. . - ~ ~!' 217 hereinabove provided. SECTION ~\fENTY-ONE (21): Should any meter fail to register correctly the amount of water used by a consumer since the previous reading, the right shall exist on the part of the City water works to average the month and charr;e for water on thp. basis of any three months' average. Should any user demand a re-read of a meter, he shall deposit $2.00 with the City water works. If the re-read shows the meter has been over- read, the $2.00 shall be refunded to the user; otherwise the $2.00 shall become the property of the City water works. Should any consumer de- mand a meter be tested for accuracy, he shall make deposits as follows: Size ~/8 Inch All othe rs Charge $2.00 ;~2. 00 If the test shows the meter is registering within the warranty of the meter manufacturer, the deposit shall become t:re property of the City water works. If the test shows the meter is registering more water than is actually going through the meter, the deposit shall be refunded the user. Nothing in this section shall be construed as waiving of the pay- ment of bills as prottided in this ordinance. SECTION TI-lENTY-TI'lO (22): No water shall be sold for farm irrigation purposes. SECTION TlilffiNTY -THREE (23): Nothing in this section or any other section of this ordinance or any other ordinance shall be construed to compel the City water 1forks to furnish consumers beyond the cor- porate limits or to continue such service once begun; and the City water 1'\Torks reserves the right to furnish s11ch customcors it deems advisable and to, at any time, wholly or partially discontinue the supply UDon violation of any of the terms of this ordinance the same as thou~h s1Jch consumer resided in the City. SECTION T~NTY-FOU"';, (2~): No water shall be furnished consumers beyond the corporate limits of the City unless and until such con- sumer desiring City watp.r shall furnish the City 1-Tater works satis- factory evidence that all plumbing, including fixtures and appliances, through which City watpr is to pass, has been approved by the City water works representative. SECTION TNENTY-FIVE (25): In the event additional plumbing is to be installed on such premises (mltside the corporate limits of the City of Schertz, Texas) water service shall be discontinued to such consumer unless such additional plumbing installation have been approved by an authorized representative of the City water works. ~ION';YSH'f.K~!X_' (~q)_~. .NOl.l~rrot3any~te'th~t'Pe~S!Ori;:Jei~;t ::.n' ~\lt~()~z~".'~Q~I!S QFtli~,~:C1.~Y:L. ~1:tW~ l3.:xts~;I;, _UI1!,<;ID j~fL of _~ ,-::: ~~te~t~~~r)too t)~tQB cqok .ir.\,,"th~ r~1v.~~,b~:-w~'tb()~t.,a .;~:r;tt~.h '~~~I~ : t -ti~~tc~e~13gtob,tai,rled,.f~om~;tJl~daty 1'\Tater works. qESTION TWENfi~EVEfN (?7) ;'At'!;,erT,w!tS~~ j,s:~tr~~e&d~~tot~"blJ~l.ding ql-L",~6n:;;~Y'pr(;!mi~~~"i;,1:J.~' ~ sha,:tl' n~~r):~e ~,~~~dl(bYr .4l!Y' ~UJtWer 0 218 or any other person to any other premises for additional fixtures except upon consent of the City Council. ...-, , SECTION TdENTY-EIGHT (28): Every person taking water from the City water works shall at all reasonable times permit the water works Superintendent or his agents to enter the premises and building for examination of pipes and fixtures and the manner in which the water is used, and refusal by any consumer shall result in refusal of water supply from the City water works until such permission is granted. SECTION T:iENTY-NlNE (29): The City water works will make all repairs and renewals of service pipes fr'~m main to meter, and jot shall be unlawful for any other person or persons to repair or renew service pipes from main to the meter. I I I SECTION THIRTY (30): The right is reserved by the City water works to temporarily discontinue and to reconnect without notice water supply to all consumers for the purpose of makin::: repairs, connections, extensions, and cleaning of mains, machinery reservoir or any part of said City water works. SECTION THIRTY-0NE (1): It shall be unlawful for any plumber or person, other than the tapper employed by the City water works, to tap any main, make connections with mains or extend service pipes from main to meter or to place a stop cock and stop bcoc at that' point. All of this equipment shall be under the exclusive control of the City water works, and said tap and service shall be paid for by the plumber or owner ordering the work done before the work is commenced. ,.--., I I , ~ ! ~ SECTION THIRTY-TWO (.32): All service pipe from the discharge side of the meter shall be provided wi t.h stop and waste cock inside the property line and such service lines shall be installed at such depth and in such fashion to properly drain all pipes above ground. SECTION THIRTY-THREE (33): If any section, part of section, pro- visions, sentence phrase or word of this ordinance shall be held to be void, ineffective or unconstitutional for any cau:;e whatsoever it shall in no way affect the validity or the remaining sections and provisions of this ordinance, which shall remain in full force and effect. SECTIONTHIRTY-FOTJR (34): All of the provisions of this ordinance shall be deened to be incorporated in every contract between City water works and its consumer, and each consumer shall be charged with know- ledge of the provisions of this ordinance and by applying and accepting water from the City water works to have acceded to the provisions hereof. SECTION THIRTY-FIVE C351: If any conSU11Er shall be in debt to the City water works for water furnished or for leakage or repairs on any account at his then or previous place of consumption, his water shall be cut off by the City water works until payment in full is made. SECTION THIRTY -SIX (6): Where water service is desired and no mains exist in adjoining street, or alley, or road from lfhich to make the connection, it will be necessary for the applicant to sign a special 'I I I I --.-J , ,_" :a 219 form of contract and make cash deposit as described herein following; the contract form shall be supplied by the City of Schertz and shall carry at least the following conditions and terms; the cost of the proposed main shall be estimated by the City, and said amount shall be deposited by the applicant with the City at time of the contract. The contract must be signed by the applicant and the Mayor, and attested by the City Secretary and the deposit maJle before the 1-Tork cam be started. Each size or diameter and length of pipe must be described fully in the contract. Wrought iron or steel pipe shall not be installed for any public water sUDply of any more than two-inch diameter shall be of cast iron of such weight and with such type and style of jointing as may be directed by the City. The City shall have the right to add extensions or branch mains without jeopardizing the contract on any main already laid and in service. SECTION THTRTY-SEVEN (7): a. It shall be unlawful for any person, firm or corporation to take or use water from the system of the City of Schertz except under the terms and conditions specified and sti- pulated in this ordinance. All owners and occupants of property are and shall be prohibited from furnishing water supply to others for any purpose other than specified hprein. b. It shall be unlawful for any person, firm or corporation, to will- fully and negligently <-Taste water in any manner Nhatsoever, and any person having knowledge of any condition whereby water is being wasted shall at once notify the City. SECTION THIRTY-EIGHT OS): The refusal or neglect of an owner or occupant to equip and maintain the premises with proper service connections, utilities or fixtures of approved character and quality to prevent waste of water shall be sufficient ground for the refusal of the City to connect the premises with the City water works or to continue such service after having given notice of intention to shut off the water, pending the necessary correction. SECTION THIRTY-:,NINE (9): a. It is and shall be unlawful for any person, ffurm or corporation to draw ivater from any city supply pipes directly into any steam boiler which is equipped for, or arranged for more than fifteen pounds (l~) pressure per square inch. All persons, firms or corporations having boilers or closed water heaters supplied with city water are cautioned against the danger of explosion or collapse. The City of Schertz will not be liable for any damages that may occUr on account of the water being shut off for any reason or on account of the breaking of any pipe or fixture by pressure of the lvater from the city mains. b. Where city water is used to supply a steam boiler (of over fifteen pounds pressure), the owner shall provide a tank of sufficient capacity to afford a supply of at least four hours into which the service pipe must be discharged over the top of the tank, and never into the hottom or side. -"SECTION FORTY (40): Where water service is desired outside the corporate limits, and the City at its discretion agrees to furnish same, and no mains exist in adjoining streets, alleys or roads from which to make the connection, it will be necessary for the applicant to sign an option form of contract supplied by the City 220 of Schertz and shall carry at least the following conditions and terms: The cost of the proposed main shall be estimated by the City and said amount shall be deposited by the applicant with the City at the time of the contract. The contract must be signed by the applicant and the Mayor and attested by the City Secretary, and a deposit made before the work can be started. The entire cost of such main ex- tension shall be borne by the applicant without any cost to the City. The size, composition, diameter and length of type must be as pre- scribed by the City and must conform to the specifications established by the said City. Such main extension shall be the property of the City and the said City shall have the right to add such extension or branch mains thereto as they may see fit. SECTION FORTY-ONE (41): This ordinance is cumulative of any other ordinance on the subject and does not repeal any present ordinances unless this ordinance is in direct connict therewith, in which case this ordinance shall govern. SECTION FORTY-'IWO (42): A violation of any of the rules contained in in this ordinance or a doing or causing to be done by any person, persons, firm or association, of any of the things or acts forbidden or made unlawful in any of the sections of this ordinance shall be deemed to constitute a violation under the tenns of this ordinance and an offense, and shall be punishable as such, and for each and e'Mry violation of the terms of this ordinance, the person, firm, associat"1on or corporation shall, upon cCl1viction thereof in the Corporation Court, be fined not le~s than $1.00 nor more than $200.00, and each violation and each day thereof is a failure to comply with the terms of this ordinance shall constitute a separate offense. SECTION FOT-ITY-THREE (43): Any person, firm or corporation who shall have made application for water service to the City of Schertz shall be responsible for all water furnished under the terms of such application until notice is given to the City Secretary by such person, firm or corporation of their intention to discontinue such service. SECTION FORTY-FOTJR (44): This ordinance shall take effect and be in full force and effect from and after its passarye and publication as required by 10. PASSED AND AppqOVED, this 7th day of February, 1963.' APPROVED: Mayor ATUTEST: _ /J' , -' ~.tjidJP Secre ary - \e-;' b'}~ Motion by Mr. Ebert seconded by Mr. Cosby the City order new Electric \\g~ Codl! - National 1962 - motion carried. Motion by Mr. Cosby seconded by Mr. Ebert the following bills be paid: ell I , ) i ...;: ~ 221, H. P. Thulemeyer - Bond on Secretary Municipal Lea'me Dues Mrs. Mayfield Schertz Water Works Seguin Enterprise Easements H.H. and 0.1. Dietz Donegan Abstract Co. Trinity Testing Laboratory H.E. Dibrell - property transfers $129.22 110.00 6.70 ~67. r)7 12.78 3 .1)0-1. r)O 8~.OO 116.)8 1.20 Motion unanimously carried. Motion by Mr. Cosby to adjourn seconded by ~..r. Ebert, motlon carried. Called meeting of the Schertz (;i ty Council held at the city Hall in ,...Schertz, Texas on the 26th day of EF"eb.(t 1963 Mayor ~oy Richard called the meeting to order with the following.named alderman present; Elgin Beck, W.E. Ebert, and R.R. Cosby - absent: Geo. P. Bolton and Ralph Ikels. Mayor Rqy W. Richard presented ailetter from Mr. Floyd Westerman in regard to a tentative budget for the operation of a water works system for the year 1963. This part 01' the budget deals mainly with the number of employees and the salary arrangements. After much discussion and consideration a motion by Mr. Cosby was made seconded by Mr. Beck the plan as outlined and read be accepted for a trial start. Motion unanimo11s1y carried. Mayor Richard read a letter he had prepared for Mr. Elbe-rt Jandt on the pur- chase of the Schertz Water Works. The Mayor read in full a proposed Ordinance No. 82 authorizing the contract for sale of water to Universal City. After discussion and considerat ion a motion by Mr. Ebert seconded by Mr. Cosby that the ordinance be adopted as read. Motion unanimOUSly carried. G,~' t'~O' I ~? ?3,D~1 \;; '/ bj.o~;).. I J 7 -# ~~ ORDINANCE NO. 82 THE STATE OF TEXAS COUNTY OF GUADAurPE The City Council of the City of Schertz, Texas, convened in called session at the City Hall within said City on the 26th day of T"ebruary, 1963, with the following members present, to-wit: Dr. Roy W. !Hchard hgin Beck W. E. Ebert R. E. Cosby G. 1.,. Pickrp.ll l'.ayor Alaerman Alderman Alderman City Secretary I ,I, and the followin~ members absent, to-wit: Ralph R. Ikels and Geo. P. Bolton, when the following, among other business, was transacted, to-wi t: The Mayor introduced an,lordinance which 1-ras read in full. Alderman Ebert made a motion that the ordinance 'ae adopted as read. Alderman Cosby seconded the motion for adoption of said ordinance. The motion, carrying with it the adoption of the ordinance, prevailed by the following vote: AYPS: Aldermen Beck, Ebert, Cosby and Mayor Richard NOES: None. 222 The l-1ayor thereupon announced that the motion had duly and lawfully carried, and th:lt the ordinance had been duly and law- fully adopted. The ordinance thus adopted follows: II I , I I , AN ORDINANCE AUTHORIZING THE EXECUTION OF CONTRACT 1oJ'HEREBY THE CITY OF SCHERTZ WOULD SELL WATER TO THE CITY OF 'UNIVERSAI, CITY; ~lEPEALING CONFLICTING ORDINANCES OR RESO- LUTIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1: That the form of contract whereby the City of Schertz would sell water to the City of Universal City (the same being attached hereto and forming a part hereof for all purposes) is hereby approved and the Mayor and City Secretary of this City are hereby authorized and directed to execute the said contract for and on behalf of the City of Schertz and as the act and deed of said City and this City Council. Section 2: All ordinances or resolutions in conflict with the provisions of said contract are hereby repealed to thA extent of such conflict. Section 3: The fact that the successful completion of the financi~g 01' the cities of Sch!rtz and Universal City arA dependent upon sat~factory arrangements being made between the two cities Ii whereby each will have adequate water supply and distribution I i system during the period of the construction of additional facilities LJ creates an emergency requiring the suspension of any rule which would require the reading of this ordinance at more than one meet- ing of this City Council and this ordinance shall be in force and effect from and after its passage and it is so ordained. PASSED AND APP-qOVED this 26th day of February, 1963. ATTEST: !t 11-, ()A /lutJ1J (;Hy se~ Mayor, (;ity of Schertz, Texas ~ ~ ~ I THIS AGREEMENT made this the 26th day of ~.arch, 1963, by and be- tween the City of UniverSal City, a municipal corporation in the County of Bexar, State of Texas, hereinafter called "Universal City", and the City of Schertz, a municipa1 corporation in the County of Guadalupe, State of Texas, hereinafter called "Schertz," STATE OF TEXAS COUNTY OF BEXAR L \TITNESSETH: 1nJHEREAS, each of the cities is in the process of acquiring ..;!.Ill,j. . 223 r-, portions of a water supply and distribution system now being operated by Walter Schertz doing business as the Schertz Water Works, Inc., and each of the cities is in the process of authorizing the issuance of revenue bonds the proceeds of which will be used to pay the pro- portionate share of the total purchase price of the system being acquired; and II1/HEREAS, Schertz is to acquire the existing water supply (consisting of two wells and two pumps located within the corporate limits of Universal City) and Universal City will acquire a new source of water for its customers and consumers and will build a new transmission line in order to more adequately supply water to its customers and con- sumers, and both cities are desirous of making proper arrangement to the end that Universal City and its inhabitants lv-ill be supplied with adequate potable water during the construction of the facilities contemplated, now, therefore IN CONSIDERATION OF THE MUTUAL COVENANTS, AGREENENTS AND UNDERTAKINGS HEREIN SET FORTH, the parties agree and contract as follows: I' SECTI0N171: Schertz agrees to sell and deliver water to Universal City at the price of twenty-five cents (21)~) per one thousand gallons (1000) of water, (U.S. Standard liquid measure)delivered by Universal City to its customers and consumers. The amount of water so delivered is to be determined by the mnnthly billing for such water by Universal City to the customers or consumers being served by that portion of the System being acquired from the Schertz Water ~{orks, Inc. by Universal City. All officers, employees and agents of Schertz shall have th~ right at all tiIMS to inspect the books, water meters and records of Universal City during the time water is sold and delivered under the provisions of this contract. Payments to 'Je made to Schertz shall be made on or before the loth da,V following the biD ing of customers by Universal City, and such payments shall be made at the City Hall, Schertz, Texas. II SECTIon 2: The obligation of Schertz to deliver water to Universal City shall commence with the date the water supply and distribution system is acquired by the Cities from the Schertz Water Works, Inc. (a simultaneous acquisition of the system now being privately operated being contemplated by the parties), and shall continue until Universal City has de\Telpped its own water supply and the purity and quality thereof has been fmmd to be satisfactory to Universal City, and Universal City has completed the construction of the distribution line (as shown on the attached exhibit) and tested the same under pressure and the City Council of UhiversalCity finds that the same is satisfactory, provided, however, that at least five (I)) days before such obligation of Schertz is terminated' notice in writing shall have been received by the Mayor of Schertz to the effect that its obligation under the pro- visions of this contract is to cease and terminate. In the event this contract is to terminate on other than a regular bill ing date, the amount to be paid to Schertz shall be computed on a pro rata basis, taking into consideration the number of days water is purchased under the provisions hereof and the number of days in the billing period. SECTION 3: Schertz is obli-o;ated to deliver potable water to Universal L:ity under this agreement and such as will meet the purity standards of the State Department of Health, but shall not be legally liable for failure of quality to meet such standards, it being under- 2,24 stood that the customers served by Universal City will receive the sane qual.ity of water as delivered to sustomers of Schertz. Schertz shall use reasonable diligence and care to provide a refular and uninterrupted supply of water to Universal City and to avoid any shortage or interrop:" tion of the delivery thereof, but shall not be liable for any failure, interruption or shortage of water or for loss or damage resulting there- from occasioned in whole or in part by any cause beyond the reasonable control of Schertz. 11 LJ SECTION 4: Schertz shall have the authority to operate the well, water storage tanks and pumps of that portion of its system located within the corporate limits of Universal City as well as such distri- bution line or lines as may be required to convey water to Schertz and shall have the right to use the streets, alleys and public ways with Universal City in the operation and maintenance thereof, neither Schertz nor any of the properties consitituting a part of such water system shall be subject to taxation of any kind by Universal City. ~JNotli:hgg herein shall be construed as permitting Schertz to sell water to any ar8a, customer or consumer within the corporate limits of Universal City. SECTION I): During the time Schertz delivers water to Universal City under the provisions of this contract, Universal Liity shall not connect or permit connection of any other water supply to the facilities which now constitute a part of water supply and distribution system owned by Schertz Water Works, Inc. SECTION 6: If for any reason of force majeure either of the parties here- ~ to shall be rendered unable wholly or in part to carry out its obli- .-J gation under this agreement, then such parties shall give notice of the particulars of such reason in writing to the other party within a reasonable time after the occurence of the event or cause relied upon. The obligation of the party giving such notice so far as is affected by such force majeure shall be suspended during the continuation of the inability then claimed but for no longer period, and such parties shall endeavor to remove or overcome such inability with all reasonable dispatch. The term force majeure as employed herein shall ~an acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, order or actions of any kind of the government of the United States or of the State of Texas, or any civil or military authority, insurrec- tions, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, riots, arrests, restraint of government and people, civil disturbances, explosions, breakage or accident to the maChinery, pipelines or other structures or machinery, partial or entire failure of wa.ter supply and inability on the part of Schertz to deliver water hereunder or of Univ'rsal "'ity to receive water, or on account of any other cause not reasonably within the control of the party claiming such lna'8liity. It is under3tood and agreed that the settle- ment of strikes and lockouts shall be entirely within the discretion of the party having the difficulty and that the above requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes ahd locko'uts by acceding to the demands of the opaosing party or parties, when such settlement is unfavorable to it in the judgment of the party having the difficulty. No damage shall be recoverable from eit:-'er party by reason of the. suspension of any contract rights due to any of the causes above mentioned. , .. ,',";' ,& "25 . .. .. II 1 , IN 'HTNES3 H1-iEQEOF, the parties hereto acting under authority of their respective governing bodies have caused this contract to be duly executed in several counterparts, each of 1..rhich shall eonstitute an originak, all as of the day :md year first above written. CITY OF SCHERTZ BY Mayor ATTEST: t ,1 f{;~f!RJ ~~fy - (City Seal) CITY OF UN1VE'R.S ,'II, C TTY BY Mayor ATT~'",bP~ ~ City Secretary (City Seal) NOTICE OF SPECIAL MEETING THE STA'IE OF TEXAS rrTY OF SCHER.T- COUNTY OF GUADALUPE TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXA~: NOTICE IS HEREBY GI\mN that a soecial meeting of the City Council of the City of Schertz, Texas, will be held at the City Hall in said City on the 26th day of February, 1963, at 7:30 o'clock P.~.,for the purpose of ado;Jting an ordinance authorizing the execution of contract whereby the City of Schertz would sell water to the Gity of Universal City DATED, this the 2~th day of February , 1963. Mayor, City of Schertz Texas ATTEST: I' l cl4f2 ii1~rlZ Texas 228 CONSENT TO MEETIN~ WE THE UNDERSIGNED, members of the City Gouncil of the City of Schertz, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and such notice, and consent and agree that said City Council shall meet at the time and place therein stated, and for the purpose herein stated. ?f,r! t/1P$ .R-p. ~.f~ r L / THE STATE Of TEXAS ~ COUNTY or GUADALUPE ~ I the un de rs igned , City Secretary of the City of Schertz, Texas, do hereby certify that the attached and foregoing is a true 3nd correct COP7 of the Ordinance duly passes and adopted by the City CouncD of the City of Schertz on tlP 26th day of February, 1963 (and minutes pertaining to the adoption thereof), which Ordinance authorizes the execution of a contract ,.vi th the City of UniverSal City, whereby the City of Universal City obtains a temporary water supply. I do futher certify that said Ordinance is of record in the minutes of the ~ity Council of said City at Volume 1 , page et. seq. To certify which, witness my hand and seal of the City of Schertz this the 26th"day of February, 1963. /; Ii- ~jAJfJ. C~ty' ecre ary City of Schertz, Texas , City Seal I ~\~~?J '}\ \ Letter from Mr. Seligmann with copies of change Order #1 to be signed and returned, also enclosed were semi-monthly reports for both projects. A motion by Mr. Cosby seconded by Mr. Beck the change be accepted and approved. Motion carried. Copy of letter from Mr. Westerman to Bond Attys. in Houston reprinting of Bonds and perhaps closn the sale on the water works around March first. Hotion by Mr. Ebert seconded by Mr. Cosby to pay Sargent-Sowell, Inc., $8.22 for finger print powder. Motton carried. Motion by Mr. Cosby seconded by Mr. Ebert to ;Jay Mr. Helmuth Dietz $4,300.00 for land where Plant will be located. Motion unanimously carried. Motioh to adjourn by Mr. Cosby seconded by Mr. Ebert. Motion carried. Mayor - Hoy w. rtichard ATTEST: JJ(.. (2;j kfl 00) City Secretary - G.'W~ckrell .. .~~:I 227 Regular meeting of the Schertz City Council held at Schertz Texas on the I 7th d~ of March 1963. Mayor Roy W. Richard called the meeting to order with the following named Aldermen present: Elgin 3eck, Geo. P. Bolton, Ralph Ikels~,and R. R. Cosby absent: W. E. Ebert. Minutes of the regular meeting February 2, 1963 and called meeting February 26, 1963 were read and appro'Jed. Mayor Richard read a letter .from Mr. 3eliemann submitting bills approved 03, 6 J'~ by Mr. 1Vhite, Field Engineer, HHFA, as follows: I;) I ~fl.~e~an~c~~..".. $2,128.8~ period 1 to 28 Feb. 63 ,/ , .,.... _.' ~.", _. - Howard Stich ..... 24,845.47 period 1 to 28 Feb. 63 R. B. Bittl.%' Inc. . 25,246.94 period 1 to 28 Feb. 63 Trinity Testing Lab. 105.00 Motion By Nr. Ikels seconded by Mr. Bolton that above enumerated bills be paid. Motion unamimously carried. Mayor Richard reported that photostat copies of all easements and deeds pertaining to the Sewer Project properties are being mailed to HHFA for approval of reimbursement on the m0neys paid out of the City General Fund. Payrolls 1 through 12 from November 25, through February 16, 1963 of R. B. Butler, Inc., and payrolls 1 through 10, from December 6 through February 13, 1963 of Ho''.''ard Stich, Utility Contractor, received from The &..3, tJ ~C:. Department of Health, Dallas, Texas. They have been reviewed ano are accept- I ;) I able ,nth the Health Department. Payrolls of Richie and Galloway Electric Co. 3ub-Contractor also have been reviewed and are acceptable, except there ar0 no classifications listed on the wage determination for electrician. The council agreed there should be further study made of the Parking Ordinance on Highway 11)18 thus assuring the citizens 1rTho submitted the petition against subject ordinance a fair trial on this parking should be made. Mayor Richard reports that Mr. Robinson is of theopinion tbt he should be released of the obligation of paying the cost if any (over $~oo.rYJ) on ~3, tJ '3f! the Oak Street crossing. The cOllncil agrees the original agreement should )r9 / hold, copy of change order # 1 received from HHFA. Copy of letter to Mr. Ralph 0ile8 re: selling car license. Letter from Mr. Westerman on plans for closin'" sale and transfer of the water works to the City of 3chertz on March 20. This is acceptable to all members of the City Council. Attorney Saegert will request bids on 2! ton trucks by March 20 for the City. On a motion by Mr. Bolton seconded by Mr. Cosby the city pay the ~~ltJt.f?) $50.00 sewer connection charge. Motion carried-and Mr. Saegert will contact I~l 01' Bossy Co. to inquire about an easement to run the line through their parking lot. Motion by Mr. Bolton seconded by Mr. Cosby to amend Ordiance 61, in the 031 () Lj I first paragraph it reads $200.00 and it should be $100.00. Motion unami- . I~~ nously carried. Mr. Robinson builder of Westland Park Sub_Division is in need of an easement which the city will obtain from United Ga3 Co. to complete his sewer ~.5;()"I~ lines. And it was agreed by the Council members he should be allowed to I~ i run the line onto Poplar Street. Letter transmitting Water Pollution Permit to city, discussion was entered U t" '/~ into at this time on 'Water at the disposal plant. Further information is need- I;'" ed to compare cost of a drilled or dug well. Motion by Mr. Cosby seconded by Mr. Bolton to pay Paul Anderson Co. $4.02 for photostats of easements. Motion carried. Mr. Ackermann asked the cOllncil to conside an ordinance on livestock in 6~, 01/4 I ~" (:;~.{)3IG I;' &3,()"3? ) :7(. 0.3 ,031 131 228 ~ .~~ , r)~~ \,\0- It?3t~t\~ If) ~3tO~1 I "" \ ~ o~4 ~ '3 ? r:l\~ (p ~\'" i) \ ~,), ~~.:.; the city limits. A motion by Mr. Bolton seconded by Mr. Cosby that we have building permits printed. Motion carried. On a motion by Mr. Ikels seconded by Mr. Bolton a res 01 ution be printed appointing Hr. George Rowland - Charlie Sartain - Gilbert ~oppin to the Equalization Board for 1963 - motion unanimously carried. Motion to adjourn by Mr. Ikels seconded by Mr. Bolton - motion carried. J ATTEST: J W4J.PD. Uity .::iecre ary - . . Pickrell Mayor - Hoy w. ltichard Called meeting of the Schertz ~ity Council held at 3chertz Texas on the 22nd d~ of March 1963. Mayor Roy W. Richard called the meeting to order at f:OO P.H. with the following named aldermen present: Geo~ P. Bolton, Elgin Beck, W.E. Ebert, Ralph R. Ikels, and R.R. Cosby. Reading of minutes of previous meeting was dispensed with. Mayor Richard read a letter from State Department of Health which was a letter on Electricians rate for labor. Letter from State Board of Insurance to acknowledge receipt of new Arson Reward Ordinance and notification of names of Fire Marshal and Fire Chief. Letter received from Roscoe F. Clark, Boerne, Texas offering the city a sale on used water pipe. Notification from State Health Department that Mr. F. A. GutierI'l!lz and Mr. Bill Riddle 1;dll be here on the 26th to make an inspection of records regarding Public Law 660 Project. Copy of letter from Mr. Westerman to Mr. Sparks regards to closing deal on the sale of the Schertz Water Works. And having a consent to special meeting to be held at the Frost National Bank in San Antonio, Texas. Motion by Mr. Bolton seconded by Mr. Cosby that proposed ordinande No. 83 as read be adopted and passed. Motion unanimously carried. .-.J ORDINANCE NO. 83 AN OT./.DINANCE l1ELATING TO THE EXPENDITURE OF CERTAIN OF' THE BOND PROCEEDS TO BE DERIVEr FROM THE SALE OF CITY OF SCHERTZ, TEXAS, WA.TERWORKS AND SE"TER SYSTEH REVENUE BONDS, SERIES 1963; CONTAINING OTHER DROVI- SIONS RELATING THERETO; AND PROVIDING THAT THIS ORDIN- ANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS ADOPTION THE STATE OF -rMAS COUNTY OF GUADALUPE The City Council of the City of Schertz, Texas, convened in special session at the regular meeting place thereof within said City on the 22nd day of March, 1963, with the following members present, to-wit: , ...!,a 229 Dr. Roy w. Richard Mayor Ralph R. Ikels Alderman Elf:;in Beck Alderman George P . Bolton Alderman W. E. Ebert Alderman R. R. Cosby Alderman G. W. Pickrell City Secretary and the following ,member absent, to-wit: none, when the followins, amon~ other business, was transacted, to-wit: The Mayor intr ,duced an ordinanc,,: which was read in full. AlderJ11an Bol ton made a motion that the ordimnc be adopted as read. Alderman Cosby seconded the motion for ado,tion of said ordinance. The motion, carry- ing with it the adoption of the ordinance; prevailed by the following vote: AYES: Aldermen Ikels, Beck, Bolton, Ebert, COSby, and Mayor Richard. NOES: None. The Mayor thereupon announced that the motion had duly and lawfully carried, and that the ordinance had been dilly and lawfully adopted. The ordinance thus gdopted fol101<TS: AN ORDIN 'NCE W~LATJNG TO 'IRE EXC>ENDITTJRE OF CERTAIN OF THE BOND PROCEEDS TO BE DERIVED FRnM THE SALE OF CITY OF SCHE~TZ TEXAS,I.v 'ATE'f,TnRKS AND SE','T1:ffi SY3TEN R:RVENUE ~-:01\'D3, SERIES 1963; CiNTAINING OTHER PROY'ISIONS ~c.;LATINr, THERETO: AND PRnVIDJW1 "HAT THIS OWTNANCE SHALL BE IN FULL FORCE AND Er.~CT pqOM MTD AFTER ITS ADO'TION I.vHEREAS, the City of Schertz, Texas, is in the process of issuing $30'),000.00 CITY OF SCHERTZ, TEXAS, rrJ'ATE11'T0"R.KS,t..PD S'S"TER SYSTEH ~EVE~mE BnNDS, SERIES 1963, dated FebruarJ 1, 1963, for the purppse of pur- chasing a privately-owned waterworks system which serves the inahbitants in and in the vicinity of said City, and improving and extending said waterworks system; and ~rHRREAS, such privatelY-~<Tned waterworks system is owned by Schertz Water Works, Inc., and the City is in the process of purchasing said saytem (with the exception of certain properties of said system which are located within the boundaries of Universal City, Texas); and WHEREAS, the purchase price of said waterworks system has been agreed upon between said City and the Schertz Water Works, Inc., as $256,500.00; and WHEREAS, thtidCtty;ds aIsbeJiIi t.he proeesB'ofiJpUrchasiriglc~ain tracts of land located within said City of Schertz, Texas, for the purpose of improving and extending said waterworks system; and -I WHEREAS, said tracts of land are owned by Walter A. ~chertz and wife Lula Mae Schertz, Helen Schertz Rowell and husband Russell G. Rowell, and Frances Schertz Classen and husband Udo H. Classen; and lNHEREAS, the purchase price of said tr~cts of land has been agreed upon between said City and the owners named above as $12,or)f).00; and 230 WHEREAS, said S1lmS of $21)6,~00.00 and $12,000.00 will be paid by said City with like amounts of the proceeds to be derived from the sale of "/ the bonds mentioned above; and I WHEREAS, the City Council wishes to confirm the amount of each purchase price mentioned above, to authorize the distribution of the sum of $268,1)00.00 (out of the bond proceeds) to the sellers mentioned above in the respective indicated amounts, and to authorize and direct the Mayor and City Secretary to do any and all things necessary and/or convenient to consUlTD'llate the purchase of said waterworks system and said tracts of land; Therefore BE IT ORDAINED BY THE CTTY cnrrNCIL OF 'THE CITY Q1i' SCHETlTZ, TEXAS: Section 1: That the matt~rs and facts set forth and recited in the preamble to this ordinance are hereby found and declared to be true and correct. Section 2: That the purchase price to be paid by the City of Schertz, Texas, to .::>chertz l.rJater r'Torks, Inc., for the waterworks system propertie::; of said Corporation which are to be purchased by said City is hereby found and declared to be $2'56, r;oo.OO. Section 3: That the purchase price to be paid by the City of Schertz, Texas, to Walter A. Schertz and wife, Lula Mae Schertz, Helen 3chertz Rowell and husband, Russell G. Rowell, and Frances Schertz Classen and husband, Udo H. Classen, for the tracts of land owned by such parties which are to be purchased by said City is hereby found and declared to be $12,000.00. Sectidn 4: That of the proceeds to be derived by said City from the sale of" its $300,000.00 CITY OF SCHERTZ, TEXAS, r1ATERJrJORK3 AND SE\tVER SYSTEM 'REVENUE BONDS, SERIES 1963, dated February 1, 1963, the sum of $268,~00.00 is to be distributed as follows: $2c;6,500.00 is to be delivered to Schertz Water Works, Inc., as the purchase price of the wate~Aorks system properties mentioned above, and $12,000.00 is to be delivered to Walter Al Schertz and wife Lula }~e Schertz, Helen Schertz Rowell and husband Russell G. Rowell, and Fxances Schertz Classen and husband Udo H. Classen, as the pur- chase price of the tracts of land mentioned above. Section '5: That the }1ayor and the City Secretary of said City are hereby authorized and directed to do any and all things necessary and/or convenient to consummate the purchase of said waterworks system prooerties and said tracts of land, including the distribution of the monIJ'Ys mentioned above. Section 6: That this ordinance shall be in full force from and after its adoption. PASSED AND APPROVED this 22nd day of March 1963. ,,:t\i,..' .. 231 - I ATTEST": Mayor, City ()f 3chertz, Texas ~~PJ1 City Secretary (SEAL) Mayor "Richard read notice of special meeting to be held and proposed Ordinance 84 preparea by Mr. George W. Sparks, Re: Relinquishing rights under option agreement from Schertz 1.vaterworks, In,c., after a through dis- cussion and much consideration on subject ordinance. On a motion by Mr. Cosby seconded by Mr. Ikels to adopt tne ordinan~e but not to be effective as to passage of same llntil and after transactions concerning and c10sing sale and transfer of Schertz Water Works to City of Schertz has been completed. t8.tJ5~ /5P it ~ <-{ ORDIKANCE NO. 84 CAN ORDINANCE RELINQUISHING AND RESCINDING AHY AND ALL RIGHTS OF CITY OF SCHERTZ, TEXAS IN OR TO OPTION AGREEMENT GRANT1i;D BY SCHERTZ T,TATER ':JORK.3, INC., ON l'!OVE~'- ~ER 19, 1962; CONTRAINING OTHER PRO- VISIONS '"?ELATING TO SAID m'TION MiR.EE~~'TT: AND PROVIDING THA'l' THIS ORDINANCE SH.ALL BE IN FULJ, FORCE AND EFFECT FROM ANf, AFTER ITj ADOPTION THE STATE OF T~XAS COUNTY OF GUADALUPE The City Council of the City of Schertz, Texas, convened in special session at the regular meeting place, on the 22nd day of MA.rch, 196), with the following members present, to-wit: Dr. Roy W. Richard Ralph R. Ikels Elgin Beck Geo. P. Bolton W. E. Ebert R. R. Cosby G. tv. Pickrell r~ayor Alderman AldefTrnan Alderman Alderman Alderman City Secretary I! I and the follmdng member(s) absent, to-wit: none, when the :'ollowing, among other business, was transacted, to-wit: The Mayor intrduced an,-:ordinance which was read in full. Alderman Cosby made a motion that the ordinance be adopted as read. Aleerman Ikels seconded the motion for ~doptinn of said ordinance. The motion, carrying with it the adoption of the ordinance, prevailed by the following vote: AYES: Aldermen Ikels, Beck, Bolton, Ebert, Cosby, and Mayor Richard. NOES: None. The Mayor thereupon annolmced that the motinn had duly and lawfully 232 \)~\ \t~' \~~ carried, and that the ordinance had been duly and lawfully ~dopted. The ordinance thus adopted follows: AN O!tDINANCE RELINQTTIS"ING t\.W~ "QESCINDING ANY AND ALL TtIGETS OF CITY OF SCHERTZ, TEXAS, IN 01 TO OPTION AGREEMENT GRANTv,r BY SCHERTZ '~TF,R l~ORKS, INC., ON NOVEl1BER 19, 1962; CONTAINING OTHER'"lRO- VISION3 RELATING TO SAID OPTION AGREENENT; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FOllCE .A!-rD EFFECT F1f.OM AND AFTER ITS ADOPTION 1',THERTCAS, on the 19th day of November, 1962, Schertz Water ~-lorks, Inc., a Texas Corporation (hereinafter sometimes called "Corporation"), by proper option agreement granted to the City of Schertz, Texas, a muni- cipal corporation organized and existing under the laws of the State of Texas (hereinafter sometimes called "Schertz"), a conditional option, upon the terms and conditions set forth in said option agreement, to purchase certain properties cescribed in said option agreement (situated in Guadalupe and Bexar C01mties, Texas); and WHEREAS, Schertz is purchasing from Corporation less than all of the properties described in said option agreement; and WHEREAS, Schertz wishes to relinquish and rescind any and all of its rights in or to said option agreement, and to ratify and confirm the cancellation and revocation of such option agreement by Corporation; Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CrTY OF SCHER'TZ, TEXAS: Section 1: That the City of Schertz, Texas, does hereby affirmatively and officially relinquish and rescind any and all rights of said City in and to that certain option agreement, dated November 19, 1962, from Schertz Water Works, Inc., to said City of Schertz, and does hereby affirmatively and officially ratify and c,nfirm the cancellation and re1ocation of such option agreement by said .::lchertz Water Works, Inc. Section 2: That this ordinance shall be in full force and effect from and after its adoption. ~ASSED AND APPROVED this 22nd day of March, 1963. Mayor, t;ity of Schertz, Texas ATTEST: Git!seW,,~ (SEAL) Petition received from Mr. James H. RobiBson of Robinhood Developing Co. that Westland Park Sub-Division be incorporated into Schertz ~ity Limits ,..,.~I""',I. . 233 On a motion by l1r. Ikel seconded by Mr. Ebert the petition be accepted. Motion unanimously carried. Applications for Clerk-Tupist job with the City were screened and one app- lication:] Mrs. Hitzfield not being elgible was dropped. It was agreed by all 0~' 05; council members the others would be interviewed by Mr. Walter Schertz and /D 9 the Secreta.ry and recommendations made to the council for their selections. Motion by Mr. Ikels seconded by Mr. Beck. The following bi'ls be paid: Southwestern Bell Telephone The Clegg Co. Motion unanimously carried. Motion to adjourn by Mr. CQ. $30.78 14.03 Cosby seconded by Mr. Ebert. Motioh carried. Mayor - rtoy '!J. .L"ichard ATTE3T: . ci ~~I?t! I.d.~n Called meeting of the Schertz City Council, held at Schertz, Texas on the 2nd day of April, 1963, at the City Hall in Schertz, Texas. M~or Roy W. Richard called the meeting to order with the following named Aldermen present: Geo. P. Bolton, W. E. Ebert, Ralph R. Ikels , Elgin Beck and R. R. Cosby. Purpose of the Meeting was to canvas the ballot on an Election held this date. After a through check the foD owing r~su1 ts were checked as correct-- For Alderman: Votes Ralph R. Ikels ....................... 68 Raymond G. Koym ...................... 64 Robert B. 3tedman .................... S6 Walrer A. Schertz .................... 1 Malford Koch ......................... 3 Ben Marshall......................... 1 Aaron Broadnax ....................... 1 John E. Busby......................... 1 ~gin Beck ........................... 2 G. A. Kpppin ......................... 2 Geo. P. Bolton ....................... 1 A. W. Lowe ........................... 1 &'0 I o6e 16,(. On a motion by Geo. P. Bolton seconded by R. R. Cosby that Mr. Ikels, Mr. Koym and ~1r. stedman having received a majority of the ballots cast that they be declared elected and notified of same. Motion unanimously carried. Motion to adjourn by Mr. Ebert seconded by Mr. Ikels. Motion carried. MQyor - Roy" Richard ATTEST: , c1t,li{}d1ftlll 234 Regular meeting or the Schertz City Council held at Schertz, Texas, on the 4th day or April, 1963. Mayor Roy Ttl. Richard called the meeting to order with all council- men present with Mr. Stedman and Mr. Koym. Also, present were Charlie Cross, ~md Marshall Hugo Ackermann. On motion by Willie Ebert and secondec by Mr. R. R. Cosby that the new ~~,t>tA)emplOyeeS of 1~Tater and Sewage Department be paid on the l"th and the last day ~ ~ of each month. Motion carried. l Bids submitted: rJ.00~ \01 ~(, ~ ,0 I) (p ,11 ~ 001 (; I',) \ o~~ ~1J l 'JID \ ~ .0 t"q \()(A, l,g'b IJ; ,b ~ ,'it 0\0' \, It) , () ,l? Seguin Motor Co. Krueger Motor Co. Jamison Motor Co. Tom Benson Chevrolet W,pl Motors Highway Motor Co. $ 3394.00 3~99.l4 3399.00 3216.32 3086.00 345~.00 (Ford) (GMC) (Chev. ) ( Chev . ) (Studebaker) (GNC ) On motion by Ralph Ikels and seconded by Willie Ebert that they accept the Tom Benson Chevrolet bid of $3216.32, to be paid of City of Schertz, Water & Swwer System, Construction Account, motion carried. On motion by R. R. Cosby and seconded hy ~~orge P. Bolton to pay M. E. Allison & Co. $"01)0.00 for services rendered out to the City of Schertz, Water & Sewer System, Construction Account. Motion carried. Letter from M. E. Allison & Co. was read to council. Letter from thE' American National Bani, Austin, Texas was read. Letter from D.S.Map & Atlas Co., San Antonio ~, Texas was read. Letter rrom Guadalupe Valley Electric Sooperative, Inc. attached to agreement for purchase of power. On motion by Ralph ;Ikels and seconded Elgin Beck accepting the Change Order #2. Motion carried. Read cop:,! of letter from Irving S. Seligmann, Consulting Engineer to State of Texas, Department or Health, Austin, Texas, March 27, 1963. Read letter from State of Texas, Department of Health, Austin, Texas, March 21, 1963, and attached letter from Department of Health, Education and Welfare, Regional Office, Dallas 2, Texas, March 20,1963. ' City Attorney, Mr. Louis Saegert presented copies of easements from 01' Bossy Dairy Stores, Inc., and Mr. George Gesche, also presented a copy of letter sent out on bids for pickl~ trucks. On moti0n by R. R. Cosby and seconded by Willie Ebert to pay Louis Saegert $,,8.40 for filing fees out of the City of Schertz, "Tater & Sewer System, Construction Account. Motion carried. Letter from M. E. Allison & Co. Inc. dated March 22, 1963, for file. Letter from State of Texas, Department of Health accepting change order #2. Read copy of letter from Sam J orrie in regards to the widening of Highway 78. It was decided that the Council wants to meet with Mr. Statzer, Highway Engineer, in our area. Mr. Pickrell to write letter asking him to meet with council to discuss widening of Highway 78 or propose a by-pass route. Copy of letter from Mayor Richard to Frost National Bank. On motion by Ralph Ikels and seconded by Willie Ebert to hire 3andra Elbel City Clerk, retroactive April 1, 1963. Letter from Mayor, Dr. 'Joy W. Richard to Robinhood Developing eo. February 11, 1963. Discussion followed application of annexation and Dr. . Richard to contact Mr. Robinson .about objections of conditions in petition. Discussed Raymond Koym, electrical inspector, will have to give us this job since he was elected to the City Council. On motion by R. R. Cosby and seconded by Elgin Beck that an Ordinance ;._~.~ I ~ . '-. " .. J \. I " -- , appointing the board of equalization for the City of Schertz, Texas, for the year 1963, providing for their duties and compensation, ,nd time of meeting. Ordinance #8~, motion carried. ORDINANCE NO. Sr:; AN ORDINANCE A'''POINTIrV} THE 20ARD nF EQUALIZATION ~Wt THE CITY OF JCHERTZ, TEXAS, FOR TH? YEAR 1963, PRnVIDJNG FOR THEIR DUTIES AND COV'EN3ATI0N, AND TI1JE OF I1EETING. T,{HEREAS, the -time has now arrived for tre work of the Board of Equa1izati'n to begin and no such Board has yet been appointed for the year 1963, now therefore. BE IT ORDAINED BY THF CITY COUNCIL 017 THE CITY OF SCHERTZ, TEXAS: --- , That, G. A. Koppin, George Row~and and Charlie Sartain, are hereby appointed to th0 Board of Equalization of the City of Schertz, Texas, for the year 1963, who are to oerform the duties of such Board of Equalization for the ~ity of Schertz, Texas, as pre- scribed by the Constitution and laws of the State of Tex~s, and ordinance of the City r.f ;Schert?" ;'ex,Js; such Board shall receive all the aSS8ssment lists and books of the asses~or of the City of Schertz, Tex's, for examination, correctirm, equaliza-! ion, appraise- ment, and approval for the City of Schertz, Texas; the memjers there- of shall receive for their compensation the sum of $50.00 and such shall -,e com:ened on the J...!Jd.. day of ~.. .. ..4~' , 1963, in the City Hall at Schertz, Texas at P.M. ,it' eac. eeting of said board the city sec~etary shall act as secretarJ the~ or. - PASSED AND APPROVED this the ~~. day of afh; , 190. I, Hayor ATT,SS'f: g, 4A. P;i~ff City~ary Mr. Charlie Cross, Consulting En~ineer, gave a talk on street improvements and also showed a film of work they had completed at Pleasanton, Texas. On motion by R. R. Cosby and seconded by Ralph Ikels that the City Secretary be given authority to purchase a typin~ desk, office chairs. Motion carried. - ~ On motion by ~it}'illie Ebert and seconded b" R. R. Cosby th;,t the City Secretary have a collection counter b~Ji.ld as shown on sketch. l'1oti'ln carried. The lii ty Council instructed VIal ter A. Schertz to check into the Insurance required for the Water & Sewer system. On motion by Ralph Ikels and seconded by Geo. P. BoJ ton an ordinance 86 ~ of the City of Schertz, Texas, prohibiting the running at large of horses, mules, asses, hogs, goats, sheep, cows or other domestic animal s or fowls within the corporate limits of the City of3chertz, Texas, providing a penalty of not more than $200.00 for violation thereof, defining an offense, 235 t, .3, (J(. ;) /9'1 J~ ~ ;5, o&. -3 /3'1 t ~/ tJ (, ..; 13 ? ft,3.0{,f, 15{, .,J 'I ~ 236 repealling all ordinances or parts of ordinances in conflict therewith and providing a saving clause. Motion carried. -, i ORDINANCE NO. 86 J AN ORDINANCE ('IF THE CITY OF SCHERTZ, TEXAS, PrtOHIIITING THE llUNNING AT LARGE OF HOR.3ES, MULES, ASSES, HOGS, GOATS, SHSEP, 1101"3 OR OTnrn DOMESTIC ANIMALS O~ FO;VLS '!,VITHIN THE C0RPO'tATE LunTS OF THE CITY OF SCHERTZ, TEXAS, PROVIDING A PENALTY OF NOT MO~~ THP~ $ 200.00 FOR VIOLATION THFREOF, DEFINING AN OT'FEN3E, :tEPEALLING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONnIeT THERE'~lITH AND PROVIDING A SAVING CLAUSE. BE IT ORDAINED ~ THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1: It shall be unlawful for any person to turn loose or allow to run at large or for any person, firm or corporation to knowingly or willfully allow any person in their employ or under their direction to turn loose or allow to run at large upon the streets, alleys or other ~' public places of this City or upon property not their own, any horse, mule, ass, hog, goat, sheep, cow or other domestic fowl or animal which is in his or their actual p03session at the time. SECTION 2: It shall be uhlawful for any person to tie, stake or fasten, or for any person, firm or corporation to knowingly or wDlfully allow any person in their employ or under their direct-j on to tie, stake or fasten upon any public street, alley, square or sidewalk or any pro- perty not their own, without the consent of the person in possession thereof within the corporate limits of this City, any horse, mule, ass, goat, sheep, cow or othe.r domestic animal .:for,~the:'pul'pds.rofnpeil"Jllit'bing ~8JIleo'to"'Braz.'lor in.3aW'3lbanner aa3culiatel:iotO"'~miT;:;,uah<.j9-ol'ae~ >mn:he~p, ass, (;goatgeBh~ep, stw or} llltbtr/doInest.la: anfumel iOto>guaze,.J $Ild-.tbetolmesr 01' person t iflJlj.ctual'~P9ssessa.on'::of,~!~,.ts.~hbhorlBe ie-mule j J ~s :ifgaat~ c- sh.ep~\ b~o:f'.other domestic animal, who shall cause or knowingly permit same to t~ so tied, staked, or fastened, shall be deemed guilty of a violation hereof. SECTION 3: Any corporation, firm, agent or nerson violating any section or sections of this ordinance shall be deemed guilty of a mis- demeanor and subject to a fine in any sum not to exceed $200.')0; each day of such \ iolation shall constitute a separate offense. SECTI~N 4: If any article, subdivjsion, oaragraph, clause, phrase or sentence of this ordinance, or the application of same to a parti- cular set of persons or circumstances should for any reason, be held invalid, such invalidity shall in no wise affect the validity of the remaining portions of this ordinance and to such end the various pro- visions of this ordinance are decl~red to be severable. SECTION ~: III ~()rdinances or parts of ordinances inconsistent of conflicting with the provisions of this ordinance are repealed. This ordinance shall become effective upon passage, approval and publication as required by law. PASSED AND APPROVED, this 4th day of April, 1963. ;& 237 r-- , I 'I... MAyor ATTEST: 4r ljJ~ -e:J JcD f Secretary.. ' On Motion by R. R. COS,)y and seconded by lrJ'illie Ebert an ordinance reg- ulating the business of house or building movin~, regulating the wrecking or removal of houses or buildings, requiring a permit tfiereof, requiring a bond, and providin~ a penalty for the violation of this ordinance. Ordinance #87. motion carried. ;,~, (N,~ 11' ~~1 ORDINANCE NO. 87 ." AN ORDINANCE TtEGULATING TBE BUSINESS OF HOUSE OR BUILDIW} MOilING; RE'1ULATINr; THE WRECKIW", OR. REMOVAL 0" HOUSES Ot? BTTILDINGS j REQUIRING A PEm~IT THEREFORj REQUIRING A Br.ND; AND p~OVJDJNG A PENALTY FOR THE VIOLA~ION OF THIS ORDINANCE. BE IT OTtDAINED BY TIlE CITY COTTNCIL OF THE CITY OF SCHERTZ, TEXAS: SEcnnN 1: (a) It shall hereafter be unla1>o1'fu] for any person, firm or corporation to move or cause to be moved a house or building from one location to another within the City of Schertz or to move a house or building from without the City to a location within the City of Schertz, or to move a house or building 'Hithin the city to a point outside the city, or to move a house or building along the streets or all!'Ys of such city from a point outside such city to another point outside the corpor~.te limits of such city without first securing a permit therefor as h8reinafter provided. ~b) It shall hereafter be unlawful for any persn, firm or corporation to wreck or dismantle any house or building, the value of which exceeds $1,000.00, within the City of Schertz, without a permit therefor as hereinafter provided. ...-- I S~CTIO~ 2. Any person, firm or corporation desiring to move a house or building as provided in ~ection 1. (a) of this ordinance shall file with the City Secretary a surety bond or other bond or other bond as may be approved by the governing body of the City of ~chertz, in the amount of $r:;,')OO.OO which shall insure to the benefit of any person or persons damaged, as well as to the City of Schertz. Such bond shall be conditioned that the-principal will pay to the City of Schertz or any other person or persons damaged thereby, all such damages as may aCCDUe to it or them by reason of moving such house or houses or building along the streets permitted, and will reimburse the City of Schertz for reasonable cost of its furnishing personnel, materials and equipment in connection with snch moving operations. No person sr.all be required to give an addi tiona1 bond for further movin~ pr0jects ~ho has on file with the City Secretary an uhexpired bond, except incases 1.rhe:re there exist at the time unsatisfied claims in connection with the existing bond. SECTION 3. (a) The City Secretary of Schertz, Texas, will issue the permit required by Section 1 (a) hereof upon the filing of the bond required in Section 2 hereof and 'he payment of a fee of $2~.UO to said Secretary. (b) The permit required by Section l(b) hereof will be ';issued by the 238 ! r ~ ,0 \,1 , \l t10 1J 0 It <ib & \~'1 I 1,\1"- I}J.' ~ " 'J City Secretary of the City of Schertz, without charge. SECTION 4. Any person, firm or corporation desiring to move a house or building as provided in Section 1 (a) of this ordinance shall move same along such routes as may be designated by the proper authorized representative of the City of Schertz, Texas, and any such person, firm or corporation so desiring to move a house or building shall not move same except at the times specified by the properly authorized representative of said City and further shall not mo' e same except when accompanied by a representative of the City of,Schertz. SECTION). For ei",ch and every day or portion thereof that a representative of the City of Schertz, Texas, is engaged in accompanying any house or building being moved within the corporate limits of the City of Schertz, Texas, any personC firm or corporation moving such house or building shall pay to the ity of Schertz, Texas, the sum of $l~.OO in addition to any other fees or charges herein provided for. SECTION 6. Any person violating any of the provisions of this or- dinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed $200.00. PASSED ANn APPROVED, this the 4th day of April, 1963. Mayor I ---.J ATTE3T: ~;JmL ::>ecretary Letter read from the Municipal Advisory Council of Texas. Copy of letter from B. N. Walton, Associate Director, Division of Water pollution Control. Wal ter A. Schertz presented the Council with a $50,000.01 Title Policy issued by the Security Title Company, Inc. covering the pumping station location in Bexar County. Copy of letter read to council whe~e Schertz Water Works, Inc. is canceling their contract with the Electro Rust-Proofing Corp.- for maintenance service c::;- cohtract. Council wants to continue their service as soon as new contracts are drawn up. On motioh by R. R. Cosby and seconded by Elgin Beck that the following bills be paid: ,'" ,- ..~..t -, . Seguin Enterprise The Clegg Co. The Clegg Co. Tax Ass. & Col., Quad. Co. Sargent - Sowell, Inc. $ 2.40 5.40 l3.~') ~.OO 31. ~O I Motion carried. Write letter to State Fire Insurance Com'dssion and Texas 3" ate Health Department that the city now owns water works. I 'I 'Ii~,ii,. . I ~ I ~ , 239 Discussed Water & Sewer service to Mr. Riedel in back of the Palms shopping center. City t~ing to obtain alley for sewer servirle 8nd water main extension to be checked further on recommendation of Charlie Cross, Consulting Engineer. City Council discussed Social Security and Mayor said Mr. Stapper was working on that. Funds for the immediate payroll to be taken from the General tht'! Construction Fund and letter retlJrned. Check 1..ith Ha;)ror. The need for a utility shed was discussed and Mr. Ikels will draw some ~~,O?I plans in the near future. 1.3 ? The removal of valves on 8" water main on North Blvd. was discussed and {pg,D?~ should be removed when UniverSal City is completely disconnected. I ~ '7 Mr. Charlie Cross, Consulting Engineer, will discuss with 3exar County ?~ Engineers the lowering of the grade on North Blvd. so it will not interfere b3; 1 with 8" water main. I Mr. Hugo Ackermann will announce when dogs will be vacinated an" dog tags will go on sale. Hr. Hugo Ackermann reported that he rJull~d all the shrubs on Randolph Avenue that were on the street. He had them removed and will present a bill later. On motion by R. R. Cosby and seco-ded by Willie Ehert the meeting was I adjourned. Notion carried. ~ 3. b 'J(J 151 ~3, 0 ? J 109 Fund nr from i I , I \ Mayor - Roy W. tiichard ATTEST: /I, '- (): lJ ~ /J f vity b~" Pickrell Called meeting of the Schertz City Council held at City Hall in Schertz Texas on the 8th" day of A8ril 1963. Mayor Ra,y W. Richard called the meeting to oreer with the following named Aldermen present: Ralph R. Ike1s, r~o. P. Dolton, and R. R. Cosby. ' The City Sec~tary then proceeded to administer the oath of office to Mr. Raymond G. Koym and Hr. Robert B. Stedman who 1-re!'e sworn in as the newly elected Aldermen. Mr. Jepson of the Benson Chevrolet Co. of San Antonio, Texas w as present and informed the council they would furnish a heavy duty clutch on the two new trucks the City is buring - the two clutches will cost $lO.EO - Mr. Ikels made a motion seconded by Mr. Bolton the City buy the new clutch - Motion unaminously carried. Mr. Robinson of the Robinhood Developing ~Q. asked the cOlIDcil to a letter in reg;=Jrds to removing the dips on Oak St. The Secretary was to prepare the letter. and also }~. Ackermann will replace Mr. Ike1s as seer on this work. Motion by Mr. Cosby seconded by Mr. Koym the above effective. Motion unanimously carried. Motion by, t"r. Bolton seconded by Mr. stedman the following bills be paid: Trinity Testing Co. $26.00 and $77.00, Irving Seligmann $1769.S2, Stich Con- tractors $19,~83.26, Butler Construction Co. $12,469.28. Motion unanimously aarried. Financil Report for 1962 as prepared by Mr. Stapper pr~sented on a motifri by l~. Ikels seconded by ~~. Cosby the report be accepted. Motion unan- imously carrj.~d., "'I " , On a mot1on by Mr. Bolto~ seconded by Mr. otedman tha+$l~OO~OO be trans- furnish instructed the over- be made &~I~?t.. I ~(. ~gl()?? /((P~ 240 9. () 1~ ft.;.!> I i1 '" D?,1 ~cI' a I /')-1 I &1; , 0 Cf;{) 131} tJ. o~ \ ~~' q 10 ~'4' ~,Qa.1 It \~"\ ferred from the General Fund to Schertz Water and Sewer System Account. Motion unanimously carried. M~or Richard asked the council to name a new Electrical Inspector. Motion by Mr. Cosby died when it was not seconded to appoint ~.1'. Gilbert Koppin. Then askinF, the opinion of the council by show of hands results were: For Mr. Koppin - Cosby, Against - Stedman and Ikels , with Mr. Koym and Mr. Bolton not voting. A motion was then made by Mr. Ikels seconded by Mr. Bolton to table futher action on an appointment until next meeting. Motion carried. At this time 1'fi.1'. liosby handed his resignation from the City Council to Mayor Richard. The Mayor along with som~ members of the council asked Mr. Cosby to reconsider this and think it over until the next council meeting befor~ further action is taken. Motion to adjol1rfl by Mr. Bolton seconded by 11.1'. Koyrn. Hotinn carried. 'I I ~ I .~-----._-~...- '. Mayor - Roy W. itichard ATTEST: dl Q ,J, lJ<, _.I~ h. nfJn City Secretary - G.~ell Called meeting of the Schertz City Council held at the City Hall in Schertz, Texas, on the 20th day of April 1963. . Mayor Roy W. Richard called the Meeting to order with the following named Aldermen present: Ralph R. Ikels, Raymond G. Koym, Geo. P. Bolton, and Robert G. Stedman. Absent: R. R. Cosby. Mayor Richard read a letter from Universal City rejecting the offer for the purchase of the transmission main and seven connections at $2~,OOO.OO. Mayor Richard read the petition for annexation of the Sub-Division designated as westland Park and after much consideration and a full discussion, due to the fact Mr. Robinson had not rewritten the Legal document as requested by the City Council on a motion by Mr. Stedman seconded by 1'1r. Ikels to reject the application. Motion unanimously carried. The Secretary will notify Robinhood Developing Co. and the V. A. of the action taken and inform them they may at any time re-submit the application. Motion by Mr. Bolton seconded by Yr. Ikels the meeting adjourn. 11otion carried. --, I I ---' Mayor - ~oy w. ~ichard ATTEST: t 1{1, n-l ~ 11 . A tJ f Cit~-- ~~rell Regular meeting of the Schertz City Council held at the City Hall in Schertz, Texas on the 2nd day of May 1963. . Mayor Roy W. Richard called the meeting to order with the following named Aldermen present: Raymond G. Koyre, Robert G. Stedman, Geo. P. Bolton, and Ralph R. Ikels, also present W8,S Louis Saegert , City Attorney, Hugo ACkermann, City Harshal, and Fritz Rusch, Fire Marshal.. !'1r. Raymond Stetzer from Texas Highway Department explained F. M. 78 route thru town and by pass route. --, ,I r '( r-, 241 1,..ralter Schertz presented various bills and Insurance Policies for the City Water 'Norks. COlIDCil authorized in previous meetLng that Bills for 1Nater 1.vorks and Insurance be paid. Hotion by Mr. Dolton seconded by Hr. Stedman that Hr. R. R. Cosby's resignation be accepted. Resolution was unanimously approved. COlillCil caned for Special Election. Notj,cP' 1'>1R.S fivp-n that election be held on Saturday, June 22, 1963. Delegation from V. F. W. appeared before the Council in assessment of V. F. W. Hall. Delegates W8re asked to appear Board o+' Eqllilj zation. Hotion by Hr. Ikels seconded by Mr. Koym that the revised petition for ~3, 0'3' annexatirm of Robinson property be accepted. }lotion \V'as unanimously a;proved. I ~ Motion by Mr. Ikels seconded by Mr. Bolton that the City Clerk be au- (,,5. tp~ ? thorized to issue any City Permits. Motion unanimously approved. 13tl Motion by Mr. Ikels seconded by Mr. ?olton that discussion on House Moving ~S,ofe Ordinance be tabled lilltil next regular COlillCil meeting. Motion unanimously ;.:7_1 approved. c On a motion by Hr. Bolton see onded by Ylr. Koym t.hat an Ordinance cre.'3,tin"" r;,!j, () t ;;J the office of Superintendent of Utilities etc. Motion vTaS lmanimously approved. }.:8?: .Hot.~on tYJ1r. Bolton seconded.by Hr. SV'ld~n t.hat D. R. Durden b" appoint.ee ('3,i~~ as Clty ~lectrlcal Inspect..-)r. Hotlon 1"1,'1.S unonlmo;,sly approved. liO ' If.otion by!-1r. Ikels secnnden b:J.T IIr. l(oym t.hat tnp meeting adjourn. Hot.i-'n / carried. / ./1 t:,~.OB3 1&0 special ~:;. 08'-/ ) t-~ reference to be fore t,he .J , ~ r.1ayor - Roy ':1. Richard ATTEST: m1d!Jd J.\~~~ell GalIce meetin::: of the City Council of ,3che,...tz, Tex'1" held on Ha;y 9, 1963, at Schertz City Hall. Hayor n;yT'J. Ric1l'lrd ~aJle(l t,k~ meetinno to ('re?.... \'Tith the folloTV'ing present: Alder':1en Geo. P. 301ton, 'i.alpr ..,. :rk'?!s, l.a~r-:;0w' ;. Koym, and Rob"rt B. Stedvr,an. Also :Jrc'sent W' 'f' l~r. Ch,rlif' Cr)::;s, Cons'l]t'1-nf" Enrineer; Mr. Eldred 3tapD':r, Cit}T A1Jdit,.,-,..: I1u",:o Ackermann, City ;~ars;'8,1 -,nn -p.....:1tz ~1Jsc1-" FirJ Harsr,al. l'inut'"s of m00tin"':. nf Fnrch 22, April '>, April L, April P, ApriJ 20, and ,Fa-y 2 "tv-PYle "Y'fearl an~ unrini.,~~rJ0l1s1 ~/ "lprrnv"~(l. ':;e~ni-:nn:nthJy ro')orts :,Tern r-"l fro;T1 Irvin" 3. '::'plinom.'3.rm, the ~Y,s;:l+.:Lri~ En""in~Gr f::r Harch 1,J, k?rll1~ n.nc1 ;:ay 1, lQ63. The Council af!reed to O'rant ner:"1i :si on to tn,? V. F . ',IT . t'J SF~J 1 ?o:?p:i.es for Duddy Day in th~; City. Periodic Inspection '1ep0rt from HHFA receive,' shcNinC ,::nT:' L:l ~ ,-.f 'Vime (;lap3s0 and actual T~ork 82~ cOITl'Tllete, also attach"d was a n ....te fro::; Er. ~arolc1 "n-Ii te, Fie] d Enr:inee'!" as1rir~[': th",t the city u'!"itr' Ft. ~,Jorth an0 '!"~'qllest the,r ~)':rch2ss the> bOWlS. The .:iecretary rsnorted a dicck f'"r :f:l,'1f)0.00 r"'C"~i\C'(1 tod'1:,' r.n th" alJ-;.t"G grant, 3arnl~ ,"8.;i rle"'(!sited in proper .'3.ccnl1r~t tJds date. it 1,roJosed Cro5mmce nc'. f? ',ms read b;r lviayor Richard Annexign ',JCSi,13.nr.:1 :?Clr1( int.o the Cjty Timits. On a motion by Er. H:cls3econded by Hr. K0:ym th:::t t.ne Ordinance as read be3,do'>t,er:1 s.na passpd. l';)t:i011 nnanic-c,usl.:: carrjed. (,~,O~() I;' { &.a,oq\ 1:1-'1 ~; .g- <<7 OlliJEJA:'JCE Ie. 89 ~'.T}f.i'''S'.J, there nas 1)1:;on prespntcd to th" :~ayor 2.1id City Cnllr1ciJ ,yf' the Cjty of 3chertz, Texas, the peti ti0rl of Tlobinhood Develo"'inc Company, requesting the anrv:;xatinn of the hereinaftr:;r described ','acent and uninhabited land and territor;;' 242 of which it is the O1mer, being t.o the extent'Jf less than nre-balf mile in wirlth, c0l1tia1101JS and adjacent to the incorporated City ."f Schert:;:, lorhich peti tioD was filed with the Mayor of the City of Schert~ on the 21st day of May 1963, and :~ "'HE'1:;:<;AS, it appearing to the CHy Connc'l of the City of Schertz, Texas, that I. said petition has been on file not less than five days and not more than thirty .~ days; that said peti tioD is in 011e form; that said 1 and is vacant anc1 uninhabited land and territory, of ivhich the said Robinhood Developing Company is the sole owner, and is to the extent 0" less than one-half mile in width, conti~uolls and adjacent to the eOI'9nrate limits of the City nf' Schert.7.; t.hA Ci-l7 ConneD there- upon preceeded to hf'>ar 811Ch petition and the ArgnTrlents for and a?;ainst the same; and T'1HEqr:.~3, it appearbg to the City Council of the City 0" Schertz, Texas, th<!t said petition shou'd be granten: NOTT, THJ:::q"':POTlE, BE IT (iof'AIIJED 3'[ THE CITY COm:C!L 'IF THE CI~'lF 3CIWT?T7, TEY"S, TEf,! THE rOTLaT,rING described land and territory, tn-wit: All that certain 23.43~ acres nf land out of the GeOri!A Gesche 167.9 acre tract as recorded in Volume 19~, page u73 ;f the Deed Records of Guadaln pe County, Texas; said If,7.9 aCres 0f land bein~ out of and a part of the G. Malpaz 3lIT,ey, Patent No. 276, Vo1nme One, Abstract No. 2~1, beinp.; out of Division No. 13 of said survey, and situated about seventeen miles north- east of the City of San Antonio, said 23.436 acres BEGI'TNING at a point in th8 east line of said 167.9 acre tract, said point being N. 29 43' 10" ','Test 3D.00 feet from the South- east corner of sai0 1~7.9 acre tract; THENCE N. 29 43' 10" \Test 6~3.02 feet with and alrme; thA east b01Jndary line of said 167.9 acre tract to a point for cornr>r; I ~ THENCE S. r.:9 46' ~6" T..[pst lr;66.23 feet to a pnint for corner; THENCE S. 30 13' aLl" East 6r.;'3.00 feet to a point for the Southeast corner of this tract, said point bein~ also in the North bounnary line of a 30.00 foot United Gas PiDe Line Company right-of-way; TtTENCE N. 59 46' 56" East 1560.0:;r; feet with and along the north boundary line of sairl 3n.')o foot United ~RS Pinp Line Company right of way to the point of of be~innin~ a~d contain- ing 23.~36 acrBS of land. Being that same tract of land des- cribed in a deed from George Gesche et 1~ to James H. Robinson recorded in V 01. 3u8, paees 493-9r.;' of Guadalnpe County Deed Records; be and the same is hereby received and annexed as a ~art of th- City of Schertz, Texas, and that the said land and any futur~ inhabitants thereof shall be entitled tn all the ri.c:-hts an" privileges of other dti7ens of tl-1e said City of Schertz, Texas And shall be bnllnd by thp act3 and ordinances of said City of Schertz, Texas. ?~.3SED AND k'P'lOVED '~'HIS 9th day of May, 1963. Mayor ATTEJ0~, D,'A' AM gJL IJity Secret"I'Y 11. 243 -I A 11.esol ution on the present route of Hiq-hHay 78 through the city '\>V3,S felt tore ir'adpquate ar,d, the 1,ridrmiw:- of same v.rould cr(oate a hardship on i'1any of the mercl-lants a1"ld, the cost '\>Vould be ::-reater than the ci.ty c()111c1 afford. That, npT'T improvemerts made on the Hi,:,nway 78, by-pass the city of Schertz, Texas. Some Aldermen stater they har received many phone calls re'3~;rding the project and nonF~ re- ported any of i he ci thens be:Lns nnT.'losec to th- n0H Eir:h1rlay. Hr. Tkels remarked \ that he did not think th2 c01JneD qu:;lifiecl at thjs time to say '>That Hem] C! be t)-';e best plan and he thour:ht f'1rth-r study shoulrl be 0'ivpn to the matter. Hr. Kr>y:n sair'l he feI t the city \Vould be bett".,.. 00f in f3eneY'a] t" 1,rl,den tho? Hir,-n1rTay, he al so recomrcendec1 further study on this ar:d i,f necessary contact the c()rrJr1issin~er3 -()1lrt. ~lr. 301to:l stated he thought theT'e \Vas mllch Hork ann 3tuC-T to be made on thiS, he had contc~cted 27 peonlp TOStJy l;1:'rchants an:'! 8.1] 'J.""'~n fErvor of thr neT-J Eie:hway. On n. moti-n by Mr. :~olton seconded by Vr. Tkels the l1esolntirm b,:, tabled nntj} f"1rth'~ nisc'1ss:inn and study can be made incllldinp' n"t ificati on of Sam Jorrie, JudO'~ GJeniJ.vink] -', Er. Statzer ?: r'lr. Clarpncp Allnpl be j.n1lit.eri tr: n':~pt i:Tjtt tl~p Council ,~ tr~l t,,') mak~ a f~nal r:ecision on the matter. l:ot:inn un' nimnllsly carried. Hr. Cross disolayed plans on 'O:lrn~r~ tLe Palms Senter T-Jith a 1fater line i'or Fire Pll,gs using (II m~in ~nd aoproximately 2~Q) feet of line cost llr:>ar $10, c;r)!') complete. Hr. Odo R.iedel st'Jted hp diri ",of Wailt HPt.er corny'cti ;Y1S to hj s nO"'T h01Js:ing as he now has a 1FIl fo"" 31)]01 v. Hr. Ikels ann NarshalJ Ackermann :,~C1ve "stimate'1 cost for bllildinp" (2QY60):,md chain link fence as ':' out ~3,Q()).'YJ. " Hr. St(1)per explained to the CounciJ the' achantage and cover8.se as alJoVlTed fnr City EmploYPAs l1nrler Social Security, also that is can be retroactive up t.) ~ years. ~/()tf.5 After a full discussion on this, on a motinn by Hr. KOYrrJ seconded by lIr. Ikels that IO~ the city pass an orc'inwce. as proposed by the Social Security offic~ to pi-ace employees under Social Security and dating same back to cover each from date of starting employment with the City. The Council wishes a monthly !"eport on corporation court income. Mayor Richard presented a bill fo"" 3 lonr; dist'nce call s. Hr. Ik"'ls explained UJ': Volunteer Fire Department 1.vould like to knOH when to 6Z;, () ~t. expect the allowance from the City in order to take care of' current expenses, also ID~ ..Till the City assume fl1ture payment of T,tiJ Hies. On a motion by Hr. Bolton secnnd~d by Hr. Kny'T1 the City pEW thpse bil'S as they become due. l'Iotion unanimr)'ls]y carried. Have Secretary \Vtite a ]r;ttor to the C.O. at ~andolph A.t.3. in rep'ards to the b3 ~1? b~rnine of trash a3 charred paper has b'?en blO1.JinC into the City anj mirrht ca'l:::;'" a I e't". flre h"lzard. C,..1. 0 '1'< /39 I t;P~.()'13 /3? a snpply shed(,.,'3,o~1 I 1:1 Mr. Kramer aPDearen nefore tho councj 1 !1bOllt Ordinances No. r7 Y~oving hOllses. After mllch diSCl1ssir)D on t.his and ma:rl'r qlJesti()Y1s 1.n-1 suC"gestinns. On a moticm by Er. Koym seconded 'JY Er. Eo] ton th~tt the Ordiance be 8'l1ended to rerio $r::.1)0 for a per>nit and $10.00 for P3cort. EoUon carried. On a motion by Hr. ;.l,olton secondec1 by rlr. K'!;)TJTJ t.ho follo1,dnr;: bills be [laiC!: ~8, 0 .~'6 13tj I " Se 1 i p;m ann . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . .. :$ 2, of ~ . r:;!~ Stich ................................... 2e,9~6.12 Trinity Testinrr, La1-'oratories .. '. . . . . . . . . . . . .. 20.00 " "" 2f>.00 Doneg-an AbstrAct Co. ........................ lo.or) " " " 6.00 Sargent-Sowell Co. .......................... 2f.7r:: Southern Pacific Co. ........................ 2~.00 Seguin Enterprise ........................... ~7.h6 Valley News .................................. 2.38 L:iholo Lumber Co. ..........................129.14 ~legg Co. .................................. 49~.79 Southwestern Bell Telephone Co. ............. l3.r::2 $31,536.10 Hotion carried. L 244 ~~ \g~~~~ ~\ loD Lr It?/" ,0' (.Q~~\ ''J- /;1;< leA \~ Motion by ~~. Bolton seconded by Mr. Koym to adjourn. Motion carried. A'T'';-EST: ~ r;}' pW yJ;~tary Roy W. Kichard - Mayor Called meeting of the City of Schertz, Texas, City Council held on May 23, 19f3, at the Schertz City Hall. Mayor Roy I'T. Richa!'d called the meeting to r:rder '-lith the fon owir)i:' name Aldermen present; Geo. P. Bolton, Ralph R. Ikels, Raymond G. Koym, and Robert B. Stedman. Also present were cClmlGissione.... Sam Jorrie of Bexa'" C01mty. J1)d~ Glenevdnkle of Seguin, Mr. Clarence Aubel, COlmty Commjsf}ioner from Guada11:pe County, Hr. R.E. Statzr;r, Resident Engineer ancll.valter Schulze County Engineer, Bexar County. Also, Hr.. !hulemeyer, ~".A.Schertz, ~1alford Koch, Hugo Ackermann, Elgin Beck,'Jnd Hr. Charles Cross, Consulting Engineer. - The meeting was for the pl1rpose of havin~ some of the above named persons present ideas, plans or informatinn ano advice concerning the Route and/or widening of F.M. rload 78 ~hrou~h or around the City. Mr. Jorrie explained the different routes the amount of traffic 6600 cars per day on present route and perhaps ~O~ would sO on a by p2SS route. One idea was to p.,t the route thrr\ngh the city and also plan the other route for future use. It was recom"ended that 111'. ':Teatherby of the Southern Pacific Railroad Co. be r-- contacted to find out hO"l much right of Hay coulr be obtained from them. }Iuch plannjne; and study ,.Jill be made on this before a decision can be made. Mayor Richard read a letter from the C.O. of ~ndolph A.F.B. in regards to the discontinuance of trash burning. The final inspection re~ort on th~ Sewer Plant was received, Also Periodic Inspection report f.rom htWA. Letter from }~. Seliemann on change Order # 3, for $1~.00 on each sewer connection made after sewer main laid.. Mr. Cross planning engineer discussed with the cotIDcil some points on curb and street j~Drovements. The Secretary is to have 6 new Arson qewar~ signs made qncl posted. Changing the reward from $100.00 to $2~f).00. Hotion to adjourn by Hr. Ikpls seconded by 111'. Koym. ~1otjrm carried. ATTEST: 1 n ' Ir. i',HiiJ,~of G. I. ~krell - City Secre~ary - ttoy w. .n.1.chard - Mayor Regular meeting of the Schertz City Council held on June 6, 1963, in the City Hall at Schertz, Texas. Mayor Roy W. Richard called the eeting to order with the following n8.1ll!td Aldermen present: r......,....uuJ G.. Ko,ym, Robert B. Stedllan and Oeo. P. Bolton. Absent: Ralph R. Ileels, - also y_ _...ent were City- Marshal, Hugo Ackermann; Fire Marshal, 'Fritz Rusch; Walter A. S...L..... Lz, Malford Koch, R\,,~....... Iglehart and Sandra Elbel. The minutes of the called meetin: on May 23, 1963, were read by' Walter A. Schertz, ia the absence of G. W. Pickre-ll, C1.ty Secretary. On a lIotion by Mr. Bolton seconded by Mr. Stedman 'the minutes be approTed as read. Motion carried. . '. 24S -) 011 a motion by Mr. Bolton seconded by Mr. Koym that Mrs. Tommie Aekermann be released as Clerk of the Corporation Court. Motion carried. On a motion by Mr. Bolton seconded by Mr. SteldmaB that Sandra Elbel be the Clerk of the Corporation Court. Motion carried. Due to the fact that Gilbert Koppin and Charlie Sartain will be out of town for some time and time is running short, the Council feels they should be replaced on the Board of Equalization. Willie Ebert was asked if he would serve on the ~ 8. 1 0 ~ Board and said he would think it over. The City Secretary was asked to begin pre- / 'It.! paring letters of notification on unrendered property. The Board of Equalization will convene on the 1 ~th and have a hearing on the 27th of June. A letter from the State Health Department was received saying that Mr. F. A. Gutierrez, U.S. Public Health Service, Dallas, Texas, aDd Mr. R. B. Riddle, Texas ~8, ItJl.. State Department of Health Austin, Texas will be in Schertz, Texas, JUDe 6, 1963, I; I 9:00 A.M. to make a partial payment inspection on the sewer projeet, under Public . Lwa 660. We were inf",.........d by letter that Frost National Bank sent bonds of $23C;,OOO.OO to the Federal Reserve Bank of Dallas. A letter from Housing and Home Finance Agency explained that when the require- , ~ I ~ '1 mnts iD a letter of May 13,1963, were met to inform them if we desire a resetting (ff-"g1 of a date for the delivery of the bonds. Also needed is an amended certificate / describing by metes and bounds the land which the City has obtained or is to obtain , in fee. The Federal Reserve Bank is still holding the bonds. Correspondence from Texas Municipal. Reports shows Schertz on the map for our file. Mr. Louis Saegert wrote to Helmuth Dietz asking if he had any complaints con- :3 ItJf cerning the road or sewe r plant. Mr. Dietz has not been heard of as yet. Mr. ~. ~ I S&egert also wrote Housing and Home Finance Agency certifing that $12,0~0.94 should J be reimbursed the geDerU fund. CUh in the bank as of May 31, 1963, was about $7,000.00 . Walter A. Schertz read the water balance as of the end of April, which was $10.181.44 total all funds. ~/~~ Mayor Richard ask that Mr. Pickrell print the financial report of 1962. Walter 'II~ A. Schertz gave an up-to-date. Bids were read on an Air Conditioner from the following firms: Fomby's Re- frigeration-$38~.00, Cibolo Plumbing & Construction Co.-$388.00, $338.9~, Riedel's IlfA Fumiture & Appliance Inc.-$349.00. After much discussion, on a motion by Mr. Bolton seconded by Mr. Koym that Fomby receive the bid. Motion carried. On a motion by Mr. Bolton seconded by Mr. Steelman that the following bills be paid, /.,~.I{)~ ,10 . -I (1) (2) (3) (4) (<ti (1) Huco Ackermann (Removing animals & schrubs) South Texas Printing Co. Donegan Abstract Co. n It It $ 32.00 4.91 10.00 1:).00 3.00 41:)0. ~3 C;26.l3 6.~0 Frank Schaidt, County Clerk Southern .$8phalt Co. CleCI Co. G. W. Pickrell (Renewal of Notary) Motion carried. I I I On a motion by Mr. Bolton seconded by Mr. Stedman that a blind or shade be purchaseq. for the window in the City Hall. Motion carried. Ordinance No. 81 will be uerlded as follows: On the 19th of the month lO~ 0~' /~O of the bill will be added. On the 11th of the month a note will be sent out giving 13 them until the 20th to pq, if not paid by the 20th the water will be discontinued. Mr. Louis Saegert wrote to Helmuth Dietz asking if he had any complaints COll- cerning the road or sewer plant. Mr. Dietz has not been heard of as yet. Mr. Saegert also wrote Housing and Home Finance Agency certifing that $12,0~0.94 should be re- iJlbur.ed the general fund. 248 ~ \ \J. l, ,~\ After much discus. ion Mr. Schertz was asked to approach Mr. William Spurlock once JIlore in regard to his conveying his property for sewer limes. The Councilmen were asked and agreed that as a last resort they would agree to condeJlUlation. ~~,\}f The easement of Royce Iglehart was amended to read "Care shall be taken to \ ~ avoid dama.Ce to existing trees on this easement." The City Council shall have a called meeting on the lath of June. ) On a motion bF Mr. Bolton seconded by Mr. Ko;ym that a letter will be 8ent with Change Order #3 stating tlllat all connections that were by-pas.ed or paid late will have to be approved by the Utllitie8 Superintendent. The Council discussed hav1ag an Ordinance an plumbing tfterefore having a plUlllbing inspeci'bor. Mr. Ackermann explained that SOlD! of the pipes on personal property have been put in badly and that a plumb:ing inspector is needed. ~or Richard and Mr. Schertz will go to Fort Worth to .ee to the final closinC of the .ewer project. The Council discussed the need of better streets and adding curbings. It. was decided that Charlie Cross be asked to draw up a prelimiDary survey. The water bought by farmers will sell at $.50 (50~) a thousand. Service conn- ectionswill cost $60.00 (Sixty Dollars). On a motion by Mr. Bolton seconded by Mr. Stedman the lD!eting adjourn. Moticm carried. ~ \\" kJ~' , '0' 4.. \' ~ \g-o' \,1' it?>' \' I, \ 1-\ Il'l lc~'A CI\ \ ~ \, ,I , lILt !e"1" C' , J ATj/,j{., Q~\ <<MOC G. W. Pickrell - 11.'(r 'f:>e~retary Roy W. Hichard - Mayor i Called meeting or the Schertz City Council held at the City Hall on the 11th day of June, 1963. Mayor Roy Richard called the meeting to order with the following named Aldermen present: Oeo. P. Bolton, Raymond G. Koym and Robert A. Stedman, also present were Malford Koch, Dr. Anthony Mays and Wm Spurlock and Joe Pyle. tJ \ l~ Mayor Richard read a Periodic Inspection Report whbh is designated as final ~ ~, on the part of the system constructed under PL 660 by the Public Health Service. '0 Letter from M. E. Allison Co. Mr. Floyd Westerman will attend a meeting to be held on June 25. On a aotion by Mr. Stedman seconded by Mr. Koym, Mr. Gilbert A. Koppin and '!;~d-J} Mr. Charlie Sartain were removed from the Equalization Board and Mr. W.E. Ebert and {, I.\L\ Mr. A.E. ~odes were appointed to fill the vacancies. This is an amendment to Or- \ dinance 85. Motion unanimously carried. I Mr. Spurlock and Dr. Mays entered uto quite a lengthy discussion with the ?f,l;}. council regarding easements for the sewer lines in the PUDIS district. Mr. Spur- t \ J.\ lock suggested the line be deleted without service to the Palms. Mr. Stediaan then made a motion the line be stopped upon reaching the Pu.. property. Seconded by Mr. Bolton and motion unanimously carried. On a motion by Mr. Bolton seconded by Mr. Stedman to have an agreement worked out for extending the line to Palms Center by August 1. Motion unanimously carried. Motion by Mr. Koym seconded by Mr. Stedman to pay telephone BiJl $ l2~8". Motion carried. Motion to adjourn by Mr. Stedman seconded by Mr. Bolton. Motion carried. r I "" i I" i .! I" i l Roy W. Hichard - Mayor ATTEST:A Q. ~ r; 11. 7t I ,/td!t 011 (J u. w. P1ckreil - liity s\i&tary I. , ,~ A ~ecia1 Jleeting of the City Council of Schertz, Texas held on June 24, 1963 i,'\, ' :in the City Hall in Schertz, Texas. ~~"C~ , The meeting was called to order by Mayer Roy W. Richard with the i'ollowing · tlldermen Present: Geo. P. Bolton, Ralph R. Ike1s, Raymond G. Koym and Robert B. t , 'Stedman. Also present Hugo ACkemann, Charles Cross, F1.oyd Westerman, Marvin ":' -::::,.4 Koch, Walter Schertz, Edga.r Vordenbaum, MarTin Keriurn, Tommie Meek, Erwin Wieder- .... Steill and Ernest Sehlather all from Cibolo ask the City of Schertz to consider " ,~ furnishing water to Cibolo. A study is to be made and a Meeting will be arranged. , ,The Meeting was called for the purpose of allowing the City CoUncil members I . i to canvas the returns of the electioDl"Mld June 22, 1963 to fill the unexpired ..;' teI"a of Mr. R. R. Cosby who resigned as Alderman the 2nd day of May 1963. An (;,3. /;)J -j official check of the ballots show 50 votes cast and all 50 votes were for ~. .Mal- J / ( , ' "I- .; .ford Koch. No other candidates having filed for the office. · Mr.. Koch was declared elected to fill the unexpired term as Alderman. On a Motion by Mr. Robert Stedman seconded by Mr. Raymond Koym the following . election officials were ordered paid. ~".~.,._. '; .', ' . 'i ,;,..." '::-," :~;.' ." ~ 1r.:~' 1\, . ~ I.. ~\ ! ~ !' " ~ !~ ;.~ i ~ - ~ r . .L-t' ':'.''{'" :$; , ' \ ~ I I, ;1;' 1 't , Mrs. John Szperkowski, Presiding Judge .............$ 6.00 Mr.. Janestine Kvapil, Asst. Judge ................. 5.00 Mrs. James R. Valentine, Clerk .............. ...... 5.00 Mrs. Fran ces Piekrell,. Clerk ....................... 5.00 i ;,~ Motion unanimously carried. , , A motion by Mr. Geo. P. Bolton seconded by Mr. Ralph R. Ikels to pay Fomby '~Refrigeration for Air Conditioner. Motion carried. : Letter from Mr. Charles 1. Dennis about the property easement on the plant ;, road. Letter fro. Housing & Home Finance Agency they will set a date for delivery , of th! bonds after the Title Opinion is recei'Yed from the City Attorney. , Budget for the Schertz Volunteer Fire was received and read. Motion by Mr. t? ' J ~ .' ,.Bolton seconded by Mr. Koym Budget be accepted. Motion carried. < i 0" . Letter from Uni'Yersal City stating the cut off date for furnishing Water ~1 ~ I jC to that City would be June 20, 1963. ~ '. ',c'.., ,) l Motion by Mr. Ralph R. Ikels seconded by Mr. Raymond Koym to dispense with; ,") t . City Council meeting July 4 and schedule. same for July 11, 1963. . Sample Build{ng Permit for City issue received and it was agreed, this type :would be used. f A motion by Mr. Ikels seconded by Mr. Bolton to nffi water line across under IR tracks for service of Fire Protection in the Palms, ask bids on 8 to 12 inch ;lines. Motion unaz.imously carried. , Motion by Mr. Bolton seconded by Mr. Koym to remove all valves on Universal i City lines belonging to Schertz and inc:l ude this under the bid for l~ng the new ;' water line. Motion unanimOUSly carried. , ' Motion ,to adjourn by Mr. Ikels seconded 'by Mr. Bolton. Motion carried. if~I/~3 I ~ I &, E I I J4 /3:1 '~,. , ~ /:\~ 'j . l...d\ // ./ Oy '~~chard - yor ~ ATTEST: \ J II, ~/~ I OA A ~. 000 ~;G. W~krell - ~ecre~ary f [f' '1 ? ' ;: ' Called meeting of the Schertz City Council held on June 28, 1963 at the City ~H&ll in Schertz, Texas. I ,.~ Mayor Roy W. Richard called the meeting to order with the following named !' ~Al~rmen presemt: Geo. P. Bolton, Ralph R. Ikels, Raymond G. Koym an~ Robert B. \.>-..a~: Mr. Malford Koch who was elected June 22, to fill the unexpued tem 03/ f;} ? I ~o 2 \rfu 'w~' ~ \~ of Mr. R. R. Cosby who resigned, was sworn in as a member of the City Council by the Secretary. Reading of the minutes were dispensed with. Mr. Charlie Cross of Cross and Mullins Co. and Mr. Thomas M. Anderlitch of Fir.t of Texas Corporation spoke on the curb and gutter and street improve ment program. Mr. Cross gave 43,000 or slightly aore as the aJlount of foot- age in the City Streets which would probably necessitate a cost of approx- imately $350,000.00, dependinc upon the type of curb used and the paYing base etc. The cost to each property owner and to the City would vary according to thl! plan selected. Mr. Cross and Anderlitch will compile figures etc on this in order for the council to explain to the property ot.mers before a decision' is mde for voting on the project. Mr. Cross explained to the Council what progress he had made on his con- tact with Mr. Davis and the estimate of lines and cost in regards to the City- buying electric power or installing new equipl'I'ent. A rough figure would l)e $164,000.00 to replace the present system which would being a revenue ofapprax- iJlately $95,000.00 per year. Expense would run near $~8,ooo.oo per year which would net close to $37,000.00 per year for the City. Mr. Floyd Westerman explained the Financing of each programthru bond issues. Each were discussed fully and after consideration by the council. On a motion by Mr. Ikels seconded by Mr. Stedman to accept a Financial Agree- ment with M. E. Allison and Co. Inc. to Eke a detailed study of the bond issue for Street Improvement, construction an d curb an d drainage bonds in an amount to be determined at a later date. Motion unanimously carried. On a motion by Mr. Bolton seconded by Mr. Koylll to accept a Financial Agreement with M. E. Allison and Co. Inc. To make a detailed study of the bond issue for the purchase of an existing Electric Distribution or for the construction of a new Electric Distribution System, Amount of bonds to be determined at a later date. Motion unanimously carried. Mayor Richard read a letter from the Texas Highway Depar-':',. :.Jw,t a.mending speed limits affecting the City of Schertz in and near the High School. Prints of strip maps were enclosed and an unnumbered Ordinance for the change. On a motion by Mr. Koym seconded by Mr. Koch the Ordinance be accepted, passed, and approved. Motion unanimously carried. Discussion on Plumbing Ordinance came before the Council after which all members agreed there should be one. Mayor Richard requested Mr. Schertz and the Secretary make a Plumbing Permit to be issued at once. The Council will draw up an Ordinance later. A check in the aJlount of $914.25 was received from R. B. Butler, Inc. to be deposited in City General Fund and check for same aJlount to be issued by the City to Mr. H. M. Schubert for installation of Water Well Pump at Sewer Plant. Motion by Mr. Ikels seconded by Mr. Koym check be JIlailed. Motion unanimously carried. A. motion by Mr. Bolton seconded by Mr. Ikels that all Plumbing jobs be inspected by a member of the Utilities Department. Motion unanimously carried. Letter from Brown Engineering Co. with sewer and street plans on West- land Park Addition and requesting letter of acceptance. Secretary was in- structed to invite Mr. Brown to council meeting July 11 to explain the a- bove plans. Motion by Mr. Stecbta.n seconded by Mr. Bolton to pay Clegg Co. $21.88. Motion carried. Motion to adjourn by Mr. Koch seconded by Mr. Ikels. Motion carried. J. i P (/ p n .~#!{~~ ATTFS~:/, 4 ';u..g y, u. . Pickrell - U1t.y ::iecretllry \,\ \ !)\ 'f\~tJ ~ \,1)' ~ \1) ~ f~( ~ I (.D ~j..f~ :;. I~ ~-r -.. ~.I3~ 7 1'bt\ I ~ l~~ 0"" ,1),1 IJ & ~,I '!l:; t1l '2" 1;(, 1 to" -'-~...I"," . . ~ ---' n I I l ,- ~ 3 , Regular meeting of the Schertz City Council held on the 11th day of July 1963 at the City Hall in Schertz" Texas. Mayor Roy Richard called the meeting to order with the following named Aldermen present: Geo. P. Bolton, Ralph R. Ikels, Raymond G. Koym, Robert B. Stedman and Halford Koch. Minutes of meetings of June 6, June 11, June 24, and June 28, 1963 were read and approved. Mr. Ikels having been absent at the June 6th meeting when the bid for an Air Conditioner was awarded inquired as to why the bid was awarded to the high bid. It was explained to his satisfaction the size of the machine, guarantee etc. I J 1 Mr. R. R. Cosby asked the permission of the council to allow the residents W. on a section of Wright Avenue to make street repairs and have them pay for same. I -:3 f After same discussion on this the council asked Mr. Walter Schertz to contact Mr. Hughes and get some cost estimates for street repair through out the entire City. Mr. Sfhertz will report on this immediately. Mayor Richard asked Mr. Brown of the Brown Engineering Firm to point out and explain what is needed on the letter of acceptance to be sent to Mr. Robinson. f,,3 ("j<g Everything was agreed on and this will be taken care of. Letter is for VA, HHFA, ~ and Howard Stich. Mr. Robinson complained that water was backinr-r up on one street I "" and Mr. Brown is correcting this also cutting the curbs for entrance to alleys. LID The Secretary was instructed to write a letter to the V. A. (Mr. Cobb) that (J~f the sewer system will be in operation in the near future, also letter to Mr. Stich. 1./ I A street repair paving bill in the amount of$4'i)0.1)3 was paid by the eity and also paid by the contractor Mr. Brown and Mr. Cross are going to check on this double payment. Mayor Richard read a proposed Ordinance Regdating the Sub-Divisions of ~ Jl)/ land within the' City Limits and prescribing improverents on same. After dis- b' q eussion and much consideration on a motion by Geo. P. Bolton seconded by Robert I O~o B. Stedman the ordinance be accepted, passed and approved as read. Motion unan- :Jt ~I imously carried. ORDINAN CE NO. 90 POLICY ON STREET IMPROVEMENTS" WATER AND SE"!ER IN SUBDIVI~IONS IN'ITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ. AN ORDINANCE REGl~ATING THE SU3DIVISIONS OR RESUBDIVISIONS OF LA.~D 1rlITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ, PRESCRIBING IMPROVEMENTS TO BE MADE THERE ON, PROVIDING NO REIMBURSEMENT FOR THESE IMPROVEMENTS, PROVIDING A REPElLING CLAUSE, SAVINGS CLAUSE AND ~.n.~r.TIVE DATE. BE IT OQDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. All persons desiring to subdivide or re-subdivide a tract of land within the City limits of tm City of Schertz shall be required to provide at their sole expense all necessary street grading, pavement, curbs, gutters', sidewalks and storm sewer drains required to service such tract as subdivided, or re-subdivided, or such portion thereof as may be developed by the erection of permanent b~ildings thereon. Section 2. All such persons shall install at thetr own expense all nec- essary water mains, including valves, fittings and fire hydrants, and sanitary sewer mains including manholes, wyes and cleanouts" for any distance in excess of 100 feet from existing water and sanitary sewer mains. Section 3. Prior to the final acdeptance by the City of Schertz of any such subdivision or re-subdivision, the owner or owners or the agents there- of shall be required to give good and sufficient bond or deposit with the 4 CitY' Secretary a sum in the total of the estimated cost of such improve- ments within such tract of land sub-divided or re-subdivided, which shall be for the performance of the above mentioned improvements. Section 4. Plans and specifications for improvements to be made under Section 1 and 2 in any subdivision or re-subdivision within the City Lirrlts of the City of Schertz shall be approved by the Ci~ Engineer and Utilities Superintendent and accepted by the City Council of the City of Schertz before proceding with such improvements. All such ilIprove- ments shall be subject to inspection bY' a designated representative of the CitY' of Schertz during construction ~d approved by tm same be,fore final acceptance by the City. A set of "As Built" plans certified by a qualified registered Engineer is also to be furnished before final acceptance by the City. Section r). Nothing contained in this ordinance shall ever create any liability on the City of Schertz for reimbursement of anY' portion of the cost expended for paving, grading, curbs, gutters, sidewalks and storm sewer drains or for water mains, including valves, fittincs and fire hydrants, and sanitary sewers includinl manholes, wyes, cleanouts, and , lift stations, or for engineering or other expenses incurred to provide plans and specifications for the same. Section 6. In the event such persons shall request the City of Schertz to extend such water and sewer JlBins for them, satisfactory assurance of payment in full JIay' be required of such persons by the City of Schertz. The said City shall not be required to make any such extensions with its own materials and worlalen unless it so elects. Section rt. nl ordinances or parts of ordinances inconsiste,Dt with the tenia of this ordinance are hereby repealed; provided, however, that such repeal shall btr only to the extent of such inconsistency, and in all other respects this ordinanee shall be cUlllUlative of other ordinances regulating and governing the subject matter covered by this crdinance. Section 8. If anY' provision, exception, section, subsection, para- graph, sentence, clause or phrase of this ordinance or the application of same to a:tf7 person or set of circUlllStances shall for any reason be held unconstitutional, Toid or inTalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their app- lication to other persons or sets or circumstaD&es and to this end, all provisions of this ordinance are declared to be swerable. Section 9. This ordinance shall take effect from am after its pass- age by the City Council of the CitY' of Schertz. PASSED AND APPROVED on this the 11 daY' of July , 1963. ATTEST: li, ~. p~ ~ iJrocV C1 ty Secretar,r Approved: ~~~W ~ ".! . Mr. Charlie Cross briefed the council on the street program after which a Resolution waf! read. Re: Advertisement ~or bids for the extension of water Jlain lines. A motion by Mr. Stedman seconded by Mr. Koym the Resolution be accepted and ad run in Seguin Enterprmse. Motion unanimously carried. Mr. Cross furnished a preliminary cost estimate on the Schertz to Cibolo sup- ~ f Z ply ma~. This was for information only. 6,.// ./ Copy of Contract Change Order on approximately 50 type A-2 connections re- I ~' ? ceived from Housing & Home Finance Agency. Copy of letter from Frost Bank to HHFA asking about bond delivery date. Copy of letter from Department of Health to Mr. Seligmann on operating in- structions, and operating manual. 'Letter from Frost Bank and check for $9,032.34 reimbursement on money used from the gene ral fund. Mr. Schertz is to order necessary parts etc for the plant. Letter from Equalization Board as of July B, 1963, the Board has completed their work. A motion Oy'Mr. Bolton seconded by Mr. Stedman to accept letter on completed work. Motion unanimously carried. Mr. Bolton made a motion seconded by Mr. Koym to Pa.Y the board members $~O.OO each for their services. Motion un- animously carried. Motion by Mr. Bolton seconded by Mr. Koym to set tax rate for 1963 at $1~oo per HlUldred assessed valuation. Motion unanimously carried. ,-;1.. I ~/~ A Resolution from Mr. Floyd Westerman on the GVEC project the city is inter- 1'to ested in was tabled for further study and consideration. On a motion by Mr. Ikels seconded by Mr. Koym to extend the sewer liroe on &..51/4(, Highway 1~18. Motion .unanimously carried. I ~I Letter to Howard Stich accepting Westland Park Sub-Division sewer sytem. (P3, I LJ. ') Mayor Richard Wrought up the final decision on the widening or by passing I ~.I of Highway 78. On a vote to take the lonf: by pass around the City -- Ayes-None Noes-Five-- On the short by pass route -- Ayes-(Two) Mr. Ike!s, Mr. Stedman _ Noes-(Three) Mr. Bo!ton, Mr. Koym, Mr. Koch -- Thru the City -- Ayes (Three) Mr. Bolton, Mr. Koym, Mr. Koch -- Noes (Two) Mr. Ikels, Mr. Stedman. The Rt:>ute to widen subject Highway thru the City carried by 3 to 2 vote. Motion by Mr. Bolton seconded by Mr. Koch to pq the following bills. .' t --; The Clegg Co ........................... Alling Blue Print Co ................... Seguin Enterprise ...................... South Texas Printing Co ................ Southwestern Bell Telephone Co ......... $ 62.88 17.11 118.77 6.75 16.82 Motion carried. Motion to adjourn by .l'~. Bolton seconded by Mr. Koym. Motion carried. ATTEST: rz:~)>>. ~-tl~AL ).k;oru /;, if. Q~(j c f Cit~~ry r- Called meeting of the City Council of Schertz, Texas held on July 22, 1963, at the City Hall in Schertz, Texas. Mayor Roy W. Richard called the Jeeting ~o order with the foll~ing named Aldermen present: tGleo. P. Holton, Ralph Ikels, Rayrikmd G. Koym, Malford Koch and Robert B. Stedman, Also present were Arthur Sieler and Rubin Beck. 5 ~ ~, )~) 1~9 ).)~ J:f I ,,~, 111 Jtlt./ ,$, felt /3' 6 <~ Mayor Richard announced there were tour items to be taken care of this evening. Namely - Repair of Streets, some consideration for a replacement of Mr. Walter Schertz, an easement conceming the extension of sewer facilities to Mr. Edwards property and asking the council again if anyone cares to change the vote on tie widening of Highwq'118. Mayor Richard said he would notify the Highway Department of council vote and also inform them the City could not pay for the widening. Mayor Richard read a bid from Mr. Howard Stich on the street repairs, this however, gave no fiiUres and it seemingly could run well up into costs with the City not knowing the amount until the job is completed. Mr. Joe M. Redinger made a bid of $11).00 per ton on asphalt repair complete job. Mr. Koym made a motion seconded by Mr. Koch the city will spend up to $1,500.00 on repair at this time, with further action to be taken if work is satisfactbry. Motion unanimously carried. Mayor Richard asked that Mr. Bolton check closely on this with the contractor and also on work being done. Mayor Richard announced that Mr. Schertz had left his job with the City, and, temporarly he had placed Mr. Russell Rowell in charge of all utilities. Mr. Rowell does not want the job pertaining to the office work. Mayor Richard will talk to Mr. Schertz and if he is not returning to the job, action will be taken at the. next council meeting to get a replacement. Reading of the Budget is set for 10:00 A.M. , August 9 and will be advertised in the paper. Copy of letter from HHFA to Mr. Reagan at Frost Bank cannot set a closing date until satisfactory title opinion is received. This was mailed and Secretary will check with Mr. Saegert on it to see if he has any word on same. Copy of letter from Mr. Sam Jorrie to Mr. R.O. Lytton on the HiChway project. Mr. Arthur Sieler said going thru the city would set them back 20 years and all merchants will be out of business in a very short time. Mr. Rubin Beck said give the land and let the county pay the cost of a by-pass route. This of course would re- quire the purchase by the City of business property. Mr. Bolton explained this is for a survey and would have to be left to the vote of the residents in regards to the financing and final steps of the project. It was explained to Mr. Hoover Edwards the City is ready to extend the sewer line. at their cost down to pennit him to hook on, but there must be an easement from Mr. Odo Riedel who is asking $350.00 for the easement. The city cannot pay this cost. Mr. Edwards said he would not pay this amount and if he can not get Mr. Riedel to agree with him the extension will not be made. Motion to adjourn by Mr. Koym seconded by Mr. Bolton. Motion carried. \'0... i1t~~ ~ \ (J \~f) ~~'(( {) \~~, ~~:}\ \L\~ ,]... \ ~ \u () \! \~~ \g~'I\\ \~ ATTEST: Q~ ~~:i~ ~ \, /r.1I,PA~OP laty Secretary Regular meeting of the Schertz City Council held at Schertz, Texas on the 1st day of August, 1963. Mayor Roy Richard called the meeting to order with the following named Aldermen present: Geo. P. Bolton, Ralph R. Ike1s, Raymond G. Koym, Malford Koch & Robert B. Stedman, also present were Mr. Louis Saegert, City Attorney & Fritz Rusch Fire Marshall. Minutes of the meetings of July 11 & July 22 were read and on a motion by Geo. P. Bolton seconded by Malford Koch the minutes were approved. j .:j11 r-- 7 );2 I.;t;~ II;';; .)1 Mr. Saegert reported the HHFA said everything was in order on the Title Opinion they had requested. Members of the council agreed that with the could now get a permit for Inspection and hookup Letter from Department of Health forwarding city files. Letter from HHFA with copy of Revision # 2 for file. Copy of letter from Mr. Cross to Mr. ;oJ'iederstein. on the cost estimate of the k:3,15!; water lin~ from Schertz to Cibolo. Also, a copy of a letter from Mr. Westerman to J5? Mr. ltJiederstein for him and Mr. Cross to meet with Cibolo Board of Directors for dis- cussion on this project. Copy of certificate on Mr. Freddie 1rl. Rowell issued on completion of School as "'''''"I:':; ~(. maintenance Specialist, lrlater Works. ~ Photostat copies of Loans made to GVEC for system improvements program. These t~3, (5 ~( were furnished by Mr. 'vesterman. II (,,() Letter from Mr. ioJ'esterman after a meeting with the Cibolo Board at which time3 J5~ they discussed the price of water, amount ~ bonds and bc;md attorneys. (, I.~? Utility fees on, Mr. Riedel's properties were discussed using as an example $1.2"5 per month per house, business stores $1.2~ and it was agreed to have Mr. Saegert draw ~3115J . up a contract and then meet with Mr. Riedel to have contract meet with his satisfaction.1 '3/ On trial basis for one year. . Mayor Richard asked the council if it would be possible for him to get city water ~J.I~O and sewer to his property whiOh ~is located outside the city limits. This the council 3'1 assured him could be taken care of. I . It was determined by the council to give the Secretary-Treasurer a $~O.OO per month raise. The City Marshal is to receive a $1)0.00 per month raise on his expense~~. i,;;.1 account, making it $7~.OO per month plus $2~O.OO allowances for a total of $32~.OU 1'[;1 per month. Mayor Richard asked the council if it would be agreeable for him to talk to Mr. Wal tcr Schertz about coming back to work for the city all agreed to try and get him back. The council asked Mr. Bol ton gave a pair job. Fire Marshal Fritz Rusch gave a talk on attending the Fire A & M College. A Resolution $1.00 per hundred Sewer System being complete residents the lines to the houses. copies of change orders 1,2,&3 for STA TE OF TEXAS cnHNTY OF GUADALUPE CITY OF SCImRTZ I I I meeting. "1 re- &.~, I/,.", /)J Marshal School at b!. /b~ , ,- I.,.. 1963 at I o B, 1(,'- IL/ q for a report on the corporation court to date at the rext report that was satisfactory to the council on the street by Mr. Bolton seconded by Mr. Koym to set the tax rate for valuation. On this, July 22, 1963, the City Council of the City of Schertz, Texas, reg- ularly convened at a regular meeting in the City Hall of the City of Sc~ertz, Texas, with the follOliing members present, namely: Roy 'tJ. Richard Raymond G. Koym Geo. P. Bolton Robert B. Stedman Malford Koch Ralph R. Ikel s and Geo. ltJ. Pickrell Mayor Alderman Alderman Alderman Alder.rmn Alderman City Secretary . at which time the following proceedings, among others, were had, to-wit: Mayor Roy W. Richard introduced a proposed ordinance levying taxes for too year 1963 in and for the City of Schertz, Texas, hereinafter set forth. The ordinance was read in full and a full discussion and conside~ation thereof , ;;: Jbc) t" ...J' . ~ /(1 II .,il' r I -"" 8 then ensued. Alderman Geo. P~ Bolton moved that said ordinance be passed and adopted. The motion was seconded by Aldermm Raymond G. Koym. The motion carried by the following vote: AYES: Mayor Roy W. Richard, and AlderJOOn Geo. P. Bolton, Ralph R. Ikels, Raymond G. Koym, Robert B. Stedman and Malford Koch NOES: None Thereupon, the Mayor announced the ordinan ce finally passed and adopted, and said ordinance as passed and adopted by the City Council and approved by tlB Mayor of the City of Schertz, Texas, is as follows: AN ORDINANCE NO. 91 LEVYING TAXES FOR THE YEAR 1963 WHEREAS, the City Council of the City of Schertz, Texas, has not passed and adopted an ordinance leVYing annual taxes for the year 1%3,and it now con- siders it necessary and desirable, at this time, to pass such ordinance levy- ing ad valorem taxes on all taxable property in the City of Schertz, for the year 1963; and WHEREAS, this City Council, after due consideration, finds and. determines that to pay the operating expenses of the City which will accrue for the ensuing year, herein ref'erred to as the tax levy for General Fund purposes, that a tax of and at the rate of thirty-four cents ($0.34) on each one hundred dollars ($100.00) assessed valuation of all taxable property in the City should be levied for the year 1963; and that to pay the interest and prin- cipal requirements in the year 1963 on the outstanding CITY OF SCHERTZ FIRE EN~INE 4~ WARRANTS, SERIES A - 1959, dated October 1, 19~9, that a tax of and at the rate of six cents ($0.06) on each one hundred dollars ($100.00) assessed valuation of all taxable property in the City should be levied for the year 1963; and that to pay the interest on and to create the necessar.y sinking fund on the $301,000 CITY OF SCHERTZ SE'f,-lER SYSTEM BONDS SERIES 1962, dat,ed June 1, 1962, heretofore authorized by an ordinance passed and adopted on this day, that a tax of and at the rate of sixty cents ($0.60-) on each o,ne hundred dollars ($100.00) assessed valuation of all taxable property in the City should be levied for the year 1963, thereby making a total ad valorem tax levied for the year 1963 of and at the rate rL one dollar ($1.00) on each one hundred dollars ($100.00) asses3ed valuation of all taxable property in the City of Schertz, Texas; N0W, THER~FORE, I. ! ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHE'DTZ, TEXAS: I That, for General Fund purposes ~ the City of Schertz, Texas, there shall be, and there is hereby levied, a tax of' and at the rate of thirty-four cents ($0.34) on each one hundred dollars ($1)0.00) assessed valuation of all taxable property in the City of Schertz, Texas, far the year 1963. II That, to pay the interest and principal requirements due in the year 1963 on the outstanding CITY OF SCHERTZ FIRE ENGINE 4" W:ARRANTS, SERIES A - 1959 dated October 1, 19t;9, there shall be, and there is hereby levied on each one hundred dollars ($100.00) assessed val uation of all taxable property in the City of Schertz, Texas, for the year 1963, a tax of and at the rate of smx cents ($0.06). III That, to pay the interest on and to provide the necessary sinking fund on the issue at $301,000 CITY OF SCHERTZ SE: lER SYSTEM BmmS, SERIES 1962, dated June 1, 1962, there shall be, and there is hereby levied on each one hundred dollars ($100.00) assessed valuation of all taxable property in the Cit,y of ---,; . 9 Schertz, Texas, for the year 1963, a tax of and at the rate of sixty CeIl ts ($0.60). IV That the total tax hereby levied on each one Hundred dollars ($100.00) assessed valuation of all taxable property in the City of Schertz, Texas, for the year 1963, shall be of and at the rate of one dollar ($1.00), of which, a tax of and at the rate of thirty-four cents ($').34), as aforesaid, shall be and is here- by levied for General Fund purposes of said City, and of which, a tax of and at the rate of sixty-six cents ($0.66), as aforesaid, shall be and is hereby levied for interest and sinking fund purposes, and said taxes hereby levied shall be applies to the plJrposes named. PASSED, ADOPTED AND APPROVED this July 22, 1963. ~ '1Q.10....-' Mayor~ or~ e x a . ATI'E3T: it, 4l, PA ~ i h of /J li1t~~tary ~i' !:ichertz Texas (Seal of City) STATE OF TEXAS COrr-~TY OF aUA TlJd)lPE CITY OF SCHE'~TZ I ~ ~ I, GEO. W. PICKRELL, City Secretary of the City of Schertz, Texas, DO HE~EBY CERTIFY that the above and foregoing is a true and correct coPy of an ordinance and the minutes pertaining to its adoption, which ordinance was duly and legally passed and adopted by the City Council of the City of Schertz, and approved by the Mayor of the City of Schertz, Texas, at a regular meeting held on July 22, 1963, at the regular meeting place in the City Hall in the City of Schertz, Texas, and that same appears of recora in Book 2 of the Minutes of said City CounCil; and that I am the lawful possessor and custodian of such books and records of the City of Schertz, Texas. l.~ITNESS MY H.tiliD AND SEAl, OF SAID CITY, this, July 22, 1%3. )" 11 f)' . .11 h o1f - ~tarY ~y of Schertz, T E X A S (Seal of City) $0.60 Sewer Bond Fund, $0.34 General Fund and 80.06 Fire ~gine Warrant Fund, That an ordinance to that effect be accepted, passed and approved. Motion' unanimously approved. Motion by Mr. Bolton to adjourn seconded by Mr. Koym. Motion carried. ATTEST: l "n/k~i!A. -' 1M 0 Q 1 May~ r:;w '-- 10 b ih l \~ f"' JJj \ Called meeting of the Schertz City Council held at Schertz, Texas on the 2nd day of August, 1963. Mayor Roy W. Richard called the meeting to order with the following named Aldermen present: Geo. P. Bolton, Ralph R . Ike1s, Raymond G. Koym, Malford Koch and Robert B. Stedman. Also, present was Mr. Russell Rowell, Superinten- dent of Schertz Water Works Department. The meeting was called for the purpose, of opening bids on Water Main Extension and removing some valves on existing line in Universal City. Mr. Johnson representing the Firm of Cross and Mullens Engineers on tl'e proposed project. Opened the bids as Mayor Richard read them as follows: I ! -1 Bee Jay Enterprises, Inc. .................. G. W. Dickerson & Sons ..................... Howard Stich Inc. ......................... $ 6,420.66 9,668.50 6,182.11 The Bee Jay Company bid being low it was agreed by the City Council, Mr. Cross will check over the entire contract etc and the bid will be left if all is found in order. A motion to adjourn by Mr. Bolton, seconded by Mr. Koym. Motion carried. i' ATTEST: hcfLQ~~ City ~ecretary . , 1;, I~~ f ,,,0 Called meeting of the Schertz City Council held August 23, 1963 at the City Hall in Schertz, Texas. Mayor Roy W. Richard called the meeting to order with the following named Aldermen present: Geo. P . Bolton, Raymond G. Koym, Malford Koch, Robert B. stedman and Ralph R. Ikels. Bill for $1,491.60 from Joe M. Redinger for patching streets in the City received; it was previously agreed to pay this bill on completion of tl'e worl:. A bill from Dobbins & Howard for additional legal. work in the amount of $114.82 to be forwarded to Mr. H. White, Field .llongineer for HHFA far approval. Mr. Lewis was given premission for his wife to operate a We1Qome Wac;on. Copy of invoice from Mr. Seligmann, City Engineer, covering field surveys "1 1&1 and preparation of maps etc on Sewage Plant Site Property, easements & City & J. t 'I I Limits Study. I 'I. ~ Also, a letter from Mr. Seligmann showing a tabulation of all funds ex- ~nded on the Sanitary Sewer & Sewer Plant Project, handled thru his office. The council agreed to start negotiations with G.V.E.C. for purchase of the Electric System in Schertz. On a motion by Mr. Ike1s seconded by Mr. Stedman the meeting adjourn, motion carried. c:R ~11 /. (j? ~ ~1I) ! ~ ATTEST: CitAfl.L8A ~ lit e~Q Regular meeting of the Schertz City Council held at the City Hall in Schertz Texas, on the 5th day of September 1963, at 8:00 P.M. Mayor Roy W. Richard called the meeting to order with the following narned --.ii I I I ~~; 11 AldeneD present: Geo. Pl Bolton, Raymond G. K()ym, Malford Koch, Ralph R. Ikel s, ad Robert B. Stedman. Minutes of meetings held August 1, August 2 and August 23, 1963 were read ..4 .....1'.. ..ved. Repairs tt> be made by Stich Construction Co. on First Street and at the corner t 5, I(,q ot/Ir'.1:ve Oak and Beck Street. 0 q · tetter from FHA read concerning r.vestland Park sub-division, The council will pursu~ this for Mr. Robinson to obtain FHA approva1. ~~.!?O .... !>1scussion was held on the water line to Cibolo. ,"t> ~ Report of the General Fund of the City was m~de, ~so a re:r;>ort on the Cor- ~l t 71 P01!tion Court funds and a report on the Water & iJeli1er .:>ystem f:mances. "" ' , A resolution was passed that Mr. Pickrell shall be paid $3,000.00 per annum If ? '). uCitJ Secretary effective 1 August, 1963. And raising the expense account of '"~,' '" t_CCit7 Marshall to ~~:600.00 per annum in addition to compensation and expenses f'iJ: 11 noW' paid. Total $7s'.00 and $2~0.OO expenses per month. .-z r1'31 A contract was read pertaining to sewer charge for Riedel . ~v; ;; \. . ,. A salary raise of $cJO.OO per month to Frederick Rowell to $400.00 per month. t,~II?J;l KO'tion by Mr. Bolton spconded by Mr. Ikels. Motion unaminollsly carried. IDf Mr. Oscar Kramer submitted req11est for Fire Alann Buttlim ':>ystem. Will reqlJest Gl8C for cost of this project. Also, to place a pamplet on Schertz, Universal CitY'~~1 r1~ C1bQ1.0 and Converse fire phone numbers and other emergency numbers in the City Hall, Go Arta .Hardware and Schertz State Bank - Permission granted. /D . r Mr. Ackermann reports that he talked to several people at the school at A.&M.b;j,(1~ and he has requested reduced water rates for fireman. I ~? Pay the Volunteer Fire Department amount of $1, cJOO. 00 as provided in the budget. Mr. Ackennann talked to Highway Department about signs to slow traffic. The Ct,j I? {::o Higl.",,,.., Department will notify the City & school on this. ! J~ ~ motion to adjourn by Mr. Ikels, seconded by Mr. Stedman. Motion carried. . A",~Q)T: /ZJrLMJJ) @~ /loJ/ ~;o~ , I;XT;T ictltJ?A ~ Ik pee J: ,r. ,.~gular meetin.~ of the Schertz City Council held at the City Hall in Schertz, Tte*..'io:n the loth day of October 1963. .'1' Mayor Roy W. Richard called the meeting to order with the following named .il..". ~.;,. present: Geo. P . Bolton, '1alph R. Ike1 s, Malford Koch, Raymond G. Koym, dllobert B. Stedman. "I\; ;'Minutes of meeting on September ~, 1963 were read by Mayor Richa ~d. On a motion bY:,,,. Bolton, seconded by Mr. Stedman minutes be approved. Motion unamin0usly ~ltritd. :t"ii ,Motion by Mr. Ikels to adjourn did not receive a second. '1" . '.,. Motion by Mr. Bolton seconded by Mr. Ikels to notify Mr. vharles Dennis to hold ~~, I , ot.l'awhile to wait and see what Mr. Seligmann will be able to do on the Helmuth Dietz !~\ ~ dispute. Motion unaminolls1y carried. f':; "Motion by'Mr. Bolton seconded by Mr. Koym to aDpoint Mr. Frederick Rowell ~~\\1"(j ~~tendent of the Water Department. Motion Unamin'usly carried. \ 't ,1 ',;;1; Motion by Mr. Bolton seconded by Mr. Koym that the City accept the Agreement ot~!,. State Health Department in rep;ards to signs being erected showin~ the City ....r Supply is approved by th~ state. Motion unaminously approved. ;j~ A motion by Mr. Koym seoonded by Mr. Ikels the office hours at City Hall be .'i<> - 4:45 , five weekdays and 8 :30 - 12 :00 Saturday and Legal Holidays excepted. I a,. to be posted on the door. Motion unaminolls1y carried. ... -t \CCt> :;1~.; Motion by Mr. Bolton Jeconded by Hr. Ikels to grant Electrlclan Llcense to l.f~~o ~:3\ \1q I~?