1975R12- PURSUANT TO SECTION 8B, ARTICLE 970A (2)
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THE STATE OF TEXAS I
COUNTY OF GUADALUPE I
CITY OF SCHERTZ I
Th~ City Council of the City of Schertz, Texas convened
in regular session at the regular meeting place thereof in
the Council Chambers wi thin said City on the /d day of
'JJI? rVO~ , 1975, with the following members
present, to-wit:
ROBERT C. BUEKER MAYOR
NELL G. E1JNK ALDER\WMAN
DONALD J. SEEBA ALDERMAN
ED L. SHARPE ALDERMAN
GAIL HYATT ALDERWOMAN
WALTER F. SCHNEIDER ALDERMAN
AND
JUNE G. KRAUSE CITY SECRETARY
DENNY L. ARNOLD CITY MANAGER
and the following members absent, to-wit: NONE
when, among other business, the following was transacted.
7he Mayor introduced the following captioned resolution
which was read in full by the City Manager. Councilmember
Funk made a motion that the resolution be adopted.
The motion, carrying with it the adoption of the resolution,
prevailed by the following vote:
AYES: Mrs. Funk, Mr. Seeba, Mr.Schneider
NAYS: Mr. Sharpe and Mrs. Hyatt.
The Mayor thereupon announced that the motion had duly
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and lawfully carried, and that the resolution had been duly
and lawfully adopted. The resolution thus adopted follows:
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A RESOLUTION =If 7S-R~/J...
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. 1
WHEREAS, under the provisions of Section 8B, Article
970a of the Revised Civil Statutes of Texas, as amended, before
any political subdivision 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
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.,l 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 1. 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 known 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 annexed 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-
tenHions, 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, sanitary 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 subseqn>mt 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
interest rate reported by the Daily Bond Buyer in its
weekly "20 Bond Index" 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 landownexs 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
certified mail to the City of Schertz, stating the date
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-
l2l9-l 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 owner 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
in full force immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this the /51 day of
~,(d , 1975.
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/f;it'i-:t {~ .- " /., ", ./
Mayor, City of Schertz, Texas
ATTEST:
S che rtz
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'. . , EXHIBIT A
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Description of the
Guadco Municipal Utility District No.1
495.5424 Acre Tract
495.5424 acres of land out of the Rafael Garza Survey No. 98 and the
J. F. Zepeda Survey No. 257 located in Carnal and Guadalupe Counties.
Texas and the James W. Gray Survey and the Pedro San Miguel Survey
No. 256 located in Guadalupe County, Texas: being as follows; (1) 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 Comal County Deed Records,
(2) a part of a 171.719 acre tract described in Vol. 480 page 287 of the
Guadalupe County Deed Records and Vol. 214 page 23 of the Carnal Co.
. Deed Records (3) all of a 30.647 acre tract described in Vol. 485 page
637 of the Guadalupe Co. Deed Records, (4) all of a 16.155 acre tract
de"cribed in Vol. 405 page 642 of the Guadalupe County Deed Records
(5) all of a 25.531 acre tract which is part of a 76.356 acre tract described
in Vol. 352 page 11 0 of the Guadalupe Co. Deed Records, (6) all of a
55.255 acre tract which is a part of a 76.370 acre tract described in Vol.
382 page 77 and also a part of said 76.356 acre tract described in Vol. 35Z
page UO of the Guadalupe Co. Deed Records. (7) 53.124 acres in Guada-
lupe and Carnal Counties and being a part of a 63.8 acre tract described in
"Vol. 83 page 258 of the Carnal Co. Deed Records; said 495.5424 acre tract
being described as follows:
BEGINNING at an iron pin marking the most Westerly West corner of
said 453.754 acre tract being on the N. E. R!W line of FM 1103 and being
the South corner of said 53.124 acre tract;
THENCE N 30006' 52.1" W along the S.W. boundary o(said 53.124
acre tract being the N.E. R/W line oEFM 1103 a distance of 918.66 f1. to
a concrete monument with a bra ss plate marking the lower N. W. corner of
said 53.124 acre tract and being on the S. E. R/W line of Interstate High-
way No. 35;
THENCE following along the S. E. R!W line of said Interstate Highway
No. 35 the following courses and distances;
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N 15028' E, 167.35 feet
N 590 45' E. 338. 20 feet
N 540 23' E, 559.98 feet
. N 540 23' E, 444.42 feet
N 590 45' E, 1148.80 feet
N 590 45' E. 600.30 feet
S 750 07' 30" E, 116.00 feet
N 590 28' E, 40.20 feet
N 150 09' E, 116.00 feet
N 590 45' E, 999.40 feet
N 700 46' E, 570.60 feet
N 70023' 30" E, 192.56 feet
N 590 45' E. 650.19 feet
N 470 15' E. 460.27 feet
N 81058' 30" E, 47.56 feet to an iron pin marking
the North corner of the above referred to 171.719 acre tract;
THENCE S 290 13' 30" E along the N.E. boundary of said 171.719 acre
tract a distance of 501 feet to a point for corner;
THENCE S 600 46' 3010 W. 138.00 feet;
THENCE S 290 13' 30" E, 100.00 feet;
THENCE S 600 46' 30" W. 366.65 feet;
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THENCE S 900 00' 00" W, 499.29 feet;
THENCE S 650 15' DO" W, 1425.00 feet; , ~.
THENCE S 590 45' 00" W, 588.00 feet;
THENCES 29055' 13.8" E, 2115.06 feet;
THENCE S 260 12' 05" E, 200.42 feet;
THENCE S 290 55' 13.8" E, 521.13 feet; .
THENCE N 600 04' 46.2" E, 300.00 feet;
THENCE N 47045' 00" E, 35.00 feet;
THENCE N 350 30' 00" E, 390.00 feet;
THENCE S 540 30' 00" E, 185.00 feet;
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THENCE N 350 30' 00" E, 30.00 feet;
THENCE S 540 30' 00" E, 970.00 feet;
THENCE S 350 30' 00" W, 20..48 feet;
THENCE S 29055' 13.8" E, 397.14 feet;
THENCE S 590 18' 00" Wa distance of 620 feet to an inside corner of
said 171.719 acre tract;
THENCE continuing S 590 18' 00" W along a boundary of said 171.719
acre tract a distance of 579.97 feet to an iron pin marking the most Westerly
South corner of sa id 171.719 a ere tra ct;
THENCE S 610 06' Wa distance of 8.08 feet to a R. R. spike marking
the North corner of the said 16.155 acre tract;
. THENCE S 290 37' E a distance of 699.92 feet to a R.R. spike marking
the Ea steamer of sa id 16. 155 a ere tra ct;
THENCE S 580 52' Wa distance of 15 feet to a 1/4" re-bar;
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THENCE S 590 07' W continuing along the S.E. line of said 16.155 acre
tract a distance of 502.70 feet to an iron stake be ing the North corner of the
above referred to 55.255 acre tract;
THENCE following along the boundaries of said 55.255 acre tract the
follOWing courses and distances:
S 290 03' E, 572.43 feet
N 600 58' E, 257.70 feet
S 290 55' E, 1642.00 feet
S 500 56' 45.1" W, 1665.97 feet
N 540 50' W, 361.00 feet
N 29045' W, 525.91 feet tothe South corner of
above referred to 25.531 acre tract;
THENCE N 29045' Walong the S.W. llneof said 25.531 acre tract
a distance of 14.09 feet to a point;
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THENCE N 290 27' W continuing along the S.W. line of said 25.531 acre
tract a distance of 860.10 feet to a point;
THENCE N 280 32' Wa distance of 223.11 feet to the South corner of
the above referred to 30.647 acre tract being a 1" Galvanized iron pipe;
THENCE N 290 39' 33.6" W a distance of 1247.68 feet to a 1" G.!. P.
marking the West corner of said 30.647 acre tract, being the lower South
corner of said 453.754 acre tract;
THENCE following along the boundaries of said 453.754 acre tract the .
following courses and distances:
N 290 50' W, 789.50 feet
S 600 11' W, 193.62 feet
S 270 03' E, 167.71 feet
S 59045' W. 895.80 feet
S 860 41' W, 81.85 feet
N 400:32' W, 249.70 feet to the P.C. of a curve
to the right having a radius of 1870.08 feet and a central angle of 100 18';
THENCE following along said curve to the right a'distance of 336.18
feet to the P .1:. of said curve being on the N. E. R/W line of said FM 1103;,
THENCE N 300 14' W continuing along the boundary of said 453.754
acre tract being the N.E. R/W line of said FM 1103 a distance of 1222.10
, feet;
THENCE N 300 00' 03.8" W continuing along said N.E. R/W line of
FM 11 03 a distance of 782.49 feet to the point of beginning and containing
495.5424 acres more or less.
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THE STATE OF TEXAS I
. 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 Gity Souncil 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, PURSUAN~ TO
SECTION 8B, ARTICLE 970a, REVISED CIVIL
STATUT,'::J OF TEXAS, AS AMENDED, FOR THE
CREATION WITHIN THE CITY OF SCHERTZ'S
EXTRATERRITORIAL JURISDICTION OF GUADCO
MUNICIPAL UTILITY DISTRICT NO. 1
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY,
this the /3 tI:: day of /}yJOO ' 1975.
.
ty Secretary, Schertz,
Texas
(SEAL )