1975R13- REVISED CIVIL STATUES OF TEXAS
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TlIE S'tATE 01" 'fEZAS 1
coUNT'l OF GUADALUP'E 1
Cl't'l OF scUER'tZ 1
C . 1 of the C1 ty of Sohe<'.' ,.... eo,"-.
'the CitY ounCl.
'0 "gUle< ,e"'oO a' _ "gul'" ""etinS "].ace th;;;Of 1n
,'" CoO""n """"""" ",thln ,.... C,ty on - - J1 -"'" of
/'fI2 ' 1975, .ith - foll"",nO -"
-present, to~'Wi t ~
.. M/I."iOR
ROB'ER't C. BU'ElZ'ER
~LL G. rumz ALDEK,~O~
DO~ALU J. SEEBA ALD'E'R}\1\.~
'ED L. SllARPF. ALUE'R}\1\.~
GAIL R'iA'tt ALDERVlO'Mf\N
VlALTER F. SC1\I'I'E1.DF.R ALD'E~
Jl,}lD .
JUNE G. lZRhUSE C1.'t'l S'ECR'E'tAR"i
uF.NN'i L. .AR~OLD C1. 'f'i 'Mf\NAG'ER
an. the foil"",no ro""be" ""..n', '0-"''' 1'\01$
....en, _no othe< b"""".' ,be foll""''''' .as ,,"".......
Che MaYO< ,n"od""e. "" foll""i"" e,.'ioned ",olutioO
'. "ldCh ... "od ,n full by the C, ty M.....e<. councilrne11\per
FUriI';, made a motion _, _ ".olu'lon be od""....
. ..th 1t the "","tioO of th' ".olutioO,
-me 11\otl.On, ca1::CY1.ng W1.
."..ned bOi t'" foll""''''' ""to'
A'iES: M'" fut<l<. ",. see"" ", .s_ei'"
~A'iS : 1'\1:. Sna1:pe and M.1:s. llyatt.
th up n a,u"",n",d _t - "",tion""" dU11
!he M.ayor e1:e 0
and l"""ul'" e.,.ried, .... _t the "aolut'on """ been au'"
and la-wfu111 ado-pted. TOe ,eaolutioO .... adOP..d foll"""
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A RESOLUTION 4f '15- R- /.3-- .
GRANTING CONSENT, PURSUANT TO SECTION
8B, ARTICLE 970a, REVISED CIVIL STATUTES
OF TEXAS, AS AMENDED, FOR THE CREATION
WITHIN THE CITY OF SCHERTZ'S EXTRATERRI-
TORIAL JURISDICTION OF GUADCO MUNICIPAL
UTILITY DISTRICT NO. 2
WHEREAS, under the provisions of Section 8B, Article
970a of the Revised Civil' Statutes of Texas, as amended, before
any political subdivinion having as one of its purposes the
supplying of fresh water for domestic or commercial uses or the
furnishing of sanitary sewer services, may be created within
the area of the extraterritorial jurisdiction of any city, such
city must consent thereto; and
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WHEREAS,request has been made of the City Council of the
City of Schertz for its consent to the creation of a municipal
utility district having the aforesaid purposes, such District
to be created by the Texas Water Rights Commission, to be known
as Guadco Municipal Utility District No. 2 and to embrace the
land described in Exhibit A annexed hereto, which land is located
within the. extraterritorial jurisdiction of the City of Schertz,
Texas; and
WHEREAS, the City Council of said City is willing to grant
such consent upon the terms and conditions hereinafter specified;
NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION I. That upon the following terms and conditions,
the City of Schertz hereby grants its consent to the formation
of a municipal utility district to be knoWl1 as Guadco Municipal
Utility District No. 1, pursuant to the provisions of Section 8B,
Article 970a, Revised Civil Statutes of Texas, as amended. The
land embraced within the limits of said District is situated with=
: in the extraterritorial jurisdiction of the City of Schertz, and
is described in Exhibit A a~1l1exed hereto and hereby made a part
hereof for all purposes.
SECTION 2. The consent herein granted is conditioned upon
'the following terms and conditions, to-wit:
(a) The Bonds may be issued by the District only for
the purpose of purchasing and constructing, or purchasing
or constructing, or under contract with the City of Schertz,
or otherwise acquiring waterworks systems, sanitary sewer
systems, storm sewer systems and drainage facilities, or
parts of such systems or facilities, and to make any and
all necessary purchases, constructions, improvements, ex-
tenuions, additions and repairs thereto, and to purchase
or acquire all necessary land, rights-of-way, easements,
,sites, equipment, buildings, plants, structures and
facilities therefor, and to operate and maintain same,
and to sell water, sanita]~ sewer, and other services
within the boundaries of the District or only with the written
consent of the City of Schertz outside the boundaries of the
District. Such bonds shall expressly provide that the District
shall reserve the right to redeem said bonds on any interest
payment date subsequ.'nt to the fifteenth (15th) anniversary
of the date of issuance without premium, and shall only be
sold after the taking of pblic bids therefore, and none of
such bonds, other than refunding bonds, shall be sold for
less than 95% of par, provided the net effective interest
rate on bonds so sold, taking into account any discount or
premium as well as the interest rate borne by such bonds,
shall not exceed two percent (2%) above the highest average
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interest rate reported by the Daily Bond Bu:'er in its
weekly "20 Bond Ind,;x" during the one-month period preceding
the date notice of the sale of such bonds is given and
bids for the bonds will be received not more than forty-
five (45) days after notice of sale of the bonds is given.
The resolution authorizing the issuance of the District's
bonds will contain a provision that the pledge of the
revenues from the operation of the District's water and
sewer and/or drainage system to the payment of the District's
bonds will terminate when and if the City of Schertz, Texa~,
annexes the District, takes over the assets of the District
and assumes all of the obligations of the District. No land
will be added or annexed to the District until the City of
Schertz has given its written consent by resolution of
the City Council to such addition or annexation.
(b) The District, its directors, officers, or the
developers and landowne~s shall submit to the City of
Schertz before the commencement of any constrution with-
in the District all plans and specifications for the
construction of water, sanitary sewer and drainage
facilities to serve such District and obtain the appro-
val of such plans and specifications. The construction
of such facilities shall be in accordance with the approved
plans and specifications. All water wells, water meters,
flush valves, valves, pipes and appurtenances, and all
water service lines and sewer service lines, lift stations,
sewer treatment facilities, and appurtenances thereto, in=
stalled or used within the District shall comply with the
same requirements which are applicable to any such facili-
- ties within the City of Schertz. Prior to the construction
of such facilities within the District, the District, or
its ~ngineer, shall give written notice by registered or i
certified mail to the City of Schertz, stating the date I
that such construction will be commenced. During the
progress of the construction and installation of such
facilities, authorized representatives of the City of
Schertz may make periodic on-the-ground inspections.
(b) The District agrees to employ, during any
period that it operates or is responsible for the
operation of any sewage treatment plant, a sewage
plant operator holding a valid certificate of competency
issued under the direction of the Texas State Health
Department as required by Section 20(a) of Article 4477-1
Vernon's Texas Civil Statutes. The District agrees to
make periodic analysis of its discharge pursuant to the
provisions of Texas Water Quality Board Order No. 69-
1219-1 and further agrees to send copies of all such
effluent data to the City of Schertz, as well as to the
Texas Water Quality Board. The District agrees that
representatives of the City of Schertz may supervise the
continued operations of the sewage treatment facility
by making periodic inspections thereof.
(d) The District agrees that it will not provide
water, sewer and drainage facilities until an 01vuer or
the developer of the land included within the limits of
the District has prior to the sale of any subdivision
lot or parcel of land obtained the approval of the City
of Schertz to a plat which has been duly recorded in
the Map and Plat Records of Guadalupe County, Texas, and
has otherwise complied with the rules and regulations of
the City of Schertz.
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SECTION 3. This resolution shall take effect and be
tn full force immediately upon its adoption.
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PASSED, APPROVED AND ADOPTED this the . /3 day of
/JJ7 ' 1975.
I &/~ 4/L/
Mayor, City 0 Scertz, Texas
ATTEST: .
~ A,
ty.Secreta
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EX'HIBIT A .
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DESCRIPTION OF THE
GUADCO MUNICIPAL UTILITY DISTRICT NO. 2 "-
310.3344 ACRE TRACT
310.3344 acres of land out of the Rafael Garza Survey No. 98 and
the J. F. Zepeda Survey No. 257 located in both Carnal and Guadalupe
Counties, Texas and also out of the Pedro San Miguel Survey No. 256 and
the James W. Gray Survey No. 255 located in Guadalupe County, Texas,
said tract being a part of a 171.719 acre tract described in Vol. 480
page 287 of the Guadalupe County Deed Records and a part of a 453.754
acre tract described in Vol. 485 page 529 of the Guadalupe County Deed
Records and No., 132860 of the Carnal County Deed Records, said 310.3344
acre tract being described as follows:
l3eginning at an iron pin marking the lower east corner of said
171. 719 acre tract;
Thence S 59038' W along "the lower S. E. boundary of said 171.719
acre tract a distance of 1594.77 ft. to an iron pin marking the lower south
corner of said 171.719 acre tract;
Thence N30013'15" W along the lower S.W. line of said 171.719
acre tract a distance of 717.50 ft. to a corner of same;
Thence S 64051'45" Wa distance of 11.02 ft. to a corner of said
171. 719 acre tract;
Thence N 30018'30" W continuing along a S.W. boundarY of said
171.719 acre tract a distance of 1302.40 ft. to a corner of said tract
being a corner on as, E. boundarY of the 495.5424 acre tract referred to
as Guadco Municiple District No.1;
Thence along the boundaries of sa id 495.5424 acre tract the follow-
ing courses:
N 59018' E 620.00ft.
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N 29055'13.8" W 397.14 ft.
N 35030' 10 20.48 ft.
N 54030' W 970.00ft.
S 35030' W 30.00 ft.
N 54030' W 185.00 ft.
S 35030' W 390.00 ft.
S 47045' W 35.00 ft.
S 60004'46.2" W 300.00 ft.
N 29055'13.8" W 521.13ft.
N 26012'05" W 200.42ft.
N 290,55'13.8" W 2115.06 ft.
N 59045' E 588.00 ft.
N 6,5015' E 1425.00 ft.
N 90000' E 499.29 ft.
N 60046'30" E 3 66 . 65ft.
N 29013'30" W 100.00 ft.
N 60046'30" 10 138.00 ft. to a point on the
upper N. E. boundary, line of said 171.719 acre tract;
Thence following along the boundary of sa id 171.719 acre tract the
following courses:
S 29013'30" E 2639.92 ft.
S 12000'45" E 2502.99 ft.
S 30043' E 500.10 ft.
N 80039' E 12 . 91 ft.
S 29057' E 320.55 ft. to the pOint of
beginning and containing 310.3344 acres more or less.
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THE STATE OF TEXAS I
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COUNTY OF GUADALUPE I
CITY OF SCHERTZ I
I, the undersigned, City Secretary of the City of
Schertz, Texas, do hereby certify that the attached and
foregoing is a true and correct copy of the Resolution
described below, as adopted by the 0ity 0ounci1 of said
City at a meeting thereof held on the date specified, to-
gether with an excerpt from the minutes of said meeting
showing the adoption of said Resolution, as same appears
of record in the official minutes of said City Council
on file in my office, to-wit:
A RESOLUTION GRANTING CONSENT, PURSUANT TO
SECTION 8B, ARTICLE 970a, REVISED CIVIL
STATUT:;:S OF TEXAS, AS AMENDED, FOR THE
CREATION WITHIN THE CITY OF SCHERTZ'S
EXTRATERRITORIAL JURISDICTION OF GUADCO
MUNICIPAL UTILITY DISTRICT NO. 2
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY,
, this the 1m: day of 17il~O ' 1975.
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ty Secretary, chertz,
exas
(SEAL)