ORDINANCE NO. 82
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NOTICE OF SPECIAL MEETING
THE STATE OF TEXAS
CITY OF SCHERTZ
COUNTY OF <%uADALUPE
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TO THE MEMBERS OF THE CITY COUNCIL
OF THE CITY OF
SCHERTZ
TEXAS:
NOTICE IS HEREBY GIVEN that a special meeting of the City
Council of the City of
Sehertz
,Texas, will be
held at the City Hall in said City on the z..t -:II day of
Februarv
, 19 63 ,at
;CJ .M.,
7:~ o'clock
for the purpose of
adopting an ordinance authorizing the execution of
contract whereby the City of Schertz would sell water
to the City of Universal City
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DATED, this the 'Vt;t;/ day of February .
J 19-21...
~fif::4nA~
Mayor, ty 0 Schertz
Texas
ATTEST:
4.1LP~~)ACff
City ecretary,City of Schertz
Texas
CONSENT TO MEETING
WE, THE UNDERSIDNED, members of the City Council of the
City of
Schertli
. 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.
ORDINANCE NO. fJ :6
THE STATE OF TEXAS ~
COUNTY OF GUADALUPE ~
vened in
The City Council of the City of Schertz, Texas, con-
session at the City Hall within said
City on
cAUd
the :)..1>t4day
, 1963, with the followine;
members
Of~
present, to-wit:
Dr. Roy W. Richard
Mayor
plll!l,.R-..- ~1:a
Alderman
Elgin Beck
Alderman
f1~ :-,'-g:~ ~ ~(J1 I t5A
Alderman
W. E. Ebert
Alderman
R. E. Cosby
Geo. loT. Pickrell
Alderman
City Secretary
and the following member(s) absent, to-wit: ~ ~ ~ ,
when the following, among other business, was transacted, to-wit:
The Mayor introduced an ordinance which was read in
full. Alderman tp~~ made a motion that the
ordinance be adopted as read. Alderman ~i seconded
the motion for adoption of said ordinance~ motion, carrying
with it the adoption of the ordinance, prevailed by the
following vote:
AYES: Aldermen I~ls, Beck, B81ten, 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
duly and lawfully adopted. The ordinance thus adopted follows:
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AN ORDINANCE AUTHORIZING THE EXECUTION OF
CONTRACT WHEREBY THE CITY OF SCHERTZ WOULD
SELL WATER TO THE CITY OF UNIVERSAL CITY;
REPEALING 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 the
extent of such conflict.
Section 3: The fact that the successful completion of
the financing of the cit;!ces of Schertz and Universal City are
dependent upon satisfactory arrangements being made between the
two cities whereby each will have adequate water supply and
distribution system during the period of the construction of
additional facilities creates an~ emergency requiring the
suspension of any rule which would require the reading of this
ordinance at more than one meeting of this City Council and this
ordinance shall be in force and effect from and after its
passage and it is so ordained.
1963.
PASSED AND APPROVED this ~day of ::r:~....
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MaYOr,~ of S er z, Texas
ATTEST: Q
lr, !;t. ;Jjde~
City Secretary
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oorporation in the County of Bexar, Stat.8 of ~xa.s. hereinafter
oalled "Universal City," and the City of SChertz~ s munioipal
ecrporation in the County of Guadalupe, State of Texas, here1n-
I atter called "Schertz,"
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W :t T N E SSE T H:
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WHEREAS, each of the cities :b in the procesa of acquir- I
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WorkB, Inc.. and each of the c1t1es is in the prooess of authoriz- I
ing the issuance of revenue bonds the proeeedJI of which will be I
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Iling portlONl or s water supply and distribution lfYstem now being
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operated by Walter SChertz doing buaine.. sa the Schertz Water
used to pay the proportionate share 01' the total pur<,lha$e price
of the syatem being acquired; and
WHEREAS, SChertz is to aequire the e:x:1sting water
supply (consisting of two wells and two P\lIlIPs located withtn the
corporate limits of Univeraal City) and Univ.raalCity w111
aoquire anew lIIOuree of water tor its custOlllerll and consumers
I and will build anft' tl"'8.ft8lll1llldon line in o.I'der to llIOre ade-
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quately 8t1PPl;V water to it. custollle" and Oot:l8U11lere, and both
o1t1$11 an desirous of lll/.tldng proper arrangCllletl.t to the end
that t1n1,"l'aal City and its inhabitants will be suppl1ed with
aclequate potable water durlng the conatl'Wltion o.f the facilities
eontelllplated, now, therefore
IN CONS11lERATIOH OF 'fRE Ml11'QAL COVENANTS. AGREEJllENTS
AND 11IiIDERTAKDlGS HEREIN SET !fORTH, the parties agree and contract
as 1'ol1ows:
SBC'lION 1: Sehertzag~es to sell and. deliver water to
Un1versa.1 City at the price of twenty-five cents (~) per one
thousand. gallons (1000) of water. (U.S. Standard liquid measure)
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i: delivered by Universal City to 1t. ~U8tO_1'lf and CQnsu.mers.
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The
aJlIOUJ1t of wa1;er 80 delivered 1s to be <lewrmIned by the lIlOnthly
bil1J.flg for such water by Universal City to the customers 01'
conltUlllers be1Qs served by that portion of the System beIng ac-
qui red from the SChertz Water WorlQll Inc. by Universal City.
All
otficersl e"loyeea and agents of Schertz shall have the right at
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I, a.ll till1e's to inspect the booles, water meters and reeords ot
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Universal City during the time water is Bold and delivered under
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h the provision.s 01' th1.8 contract. PayJllents to be made to Schertz
II shaUbe made on or before the 10th day following the bUling of
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el1BtOlllE!r8 by Universal CitYI and such payments shall be made at
the City Hal.l, Schertz, Texas.
Sli;c,:'ION 2; The
to Ubiversal City shall
obligation of Schertz to deliver water
eOl1llllenee wIth the date the water supply
am! distribution systelll is acquired by the C1 ties trolll the
SChertz Water Works. Ine. (a slll1ultaneous acqu18Ition of the I
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system now being privately operated being cClntemplated by the i
parties), and shall continue until Universal City baa developed ital
own. watl'!r aupply and the purity and quality thereo:t' has been found
. to be satiSfactory to Un1vel'llal City, andt1n1veraal City has COIl1-
pleted the construction of the distribution line (as shoWn on
the attached exhibit) and tested the same under pressure and
the 01t;y COl.U\oll of Universal O:1,ty finds that the l.'IaIlIe is
satistactory, provided, however, that at least five (5) days
betore SUCh obligation of Scher1;z i8 te1"lllinated. nouce in writing
shall have been received by the Mayor of Schertz to the effect
that itlll obligation under the prov1elons of thll.$ Qontract is to
ceaaeand tlt1"llllnate. In the event this contract is to term1nate
on other than a regular billing date J the BIIlOunt to be paid to
Schertz tlhall be OOlllPuted on a pro rata Pasls, taking into con-
dderation the nWlo.r ot day. water 1s purchased under the
'I'Ov18iou hereof and the nUll10er of days in the 1;lill.ing period..
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SEC'J.'ION ;: ScheJ:"tz 18 obligated to deliver potable
water to UniversalClt:y under th18 agreeaent ami such as wnl
:1 1Ileet the purity standards of the state Departlrlent of Health, but
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ahall not be legally Uabl~ for fallure of' quality to meet I3Uch
II lJtanda:rda, it be1:ng understood that the customen served by
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II uniVersal City w111 receive the same quality of water as de-
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livered to customers of Schertz.
SChertz .hall use reasonable
diligence and care to provide a regular and uninteX't"UPted supply
of water to Unlv(!.rsal City and to avoid any shortage or interrup-
tion of thedellvery thereof, butsha.l1 not be liable for any
failure. intel;'l'U;ptlon 01' shortage of water or for 10$$ or da.lllage
1'ellluJ.ting there!'rom occasioned in whole or in pa.rt by any cause
beyond the reallonabl" eontl'ol of Schertz.
II ~ION 4: Schertz shall have the authori tyto operate
II the well, water storage tanks and pumps of' that portion of its
II syJJtem loC8td within the corporate 11ll1ts of Universal City
,
... well as such distribution line or lines as may be required to
convey water to Schertz and shall have the right to use the
.treets, al1~ ud public ways with Universal City in the
operatioll andlllalntenance thereof, neither Schertz nor any of the
properties constituting a part of such water systelll sha.ll be
8U~t to tuation o.f any kind by Un:1verN.l City. Nothing herein
shall be conatrued as perudtting Sebert:;>; to sell water to any
area, c\18tomer or Cons1.Ull€r within the cOX'Porate I1mlts of
Univer&a1 City.
SECTION 5: During the time Sohertz delivers water
to Universal City under the provisions of this contract,
tJniveraal City shall not connect or permit connection of any
other wateX' Bupply to the facilities whieh now eonBtltute a
part of water supply and distribution system owned by Schertz
Water Works, Inc.
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:i SECTION 61 If for any reuon ot fOrGe maJeure either
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Ii of the pax1;iea hereto aball be re.n.4eJi'8d~le WhOl.~ or 1n part
:1 to 0&r17 out ita obligation under th1a ag.ree_nt~ then such par-
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i tie. shall give notice of the partieu.~. of au.eh reason in w1'.1t-
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II 1ng to the other party within a reasonable t1Jlle alter the occur-
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I: enceof theennt or caUlIIe relied upon. ~ obl1gation of' the
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II party giving nch notice so tal" as U aN'ec.ted by such toree
....,.\U"$ shal.l be suspended during the continuation of the in-
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ability then cla1llled but for no longer peri~, and such parties
shall endeavor to remon or over<)ome nch inaj)llity with all
reuonab1e dispatch. The terlll force maJeure asslllPloyed herein
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.haU mean acts of God. strikes, lockouts or other industrial
disturbances, aeteof' the public ene.lI'Y~ order or actions of any
kind of the gove:t'nllt<!lnt of the Unit$d States or of the State of
Texas, or any civil or ll11litary authority, ineu:rrect1ons, riotG~
II epidelll1os, landslides, l1ghtning, earthquake!>, fires,hurrica.nes,.
11 storlllS, floods, washouts, riots, arrests, restraint of government
I and peopl$~ civil disturbances, ellPlos1olUS~ 1>reakage or accident
I to the machinery, pipelines or other struotures o:r machinery,
partial Qr .ntire fall\U"$ of water supply and inability on the
part of Sherta to deliver water hereunder or of Universal City
to receive water. or on account of atl7 other eaue. not rea$On&.bly
within the eontrolot the party Cla1mlng lIueh inability. It i8
unl1erlltood and agrQd that the settlement of etrikes and lookout.
ehall be entirely within the discretion of the party baving r
the dlf1'i.eul.ty and that the above requirement that any torce
maJeure Ilhall be remedied with all reasonable d.ispateh shall
not require the settlement of strikes and lockouts by acceding
to the delllands of the opposing party or parties, when such
eettlement is unfavorable to it in the Judglllent of the party
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having the dlt"ficulty. No daJllage shall be 1"IiK'l0verable from either
party by reason of the sUf.lpension of' any contract rights due
to any of' the oauses above mentioned.
IN WITNESS WHEREOF, the parties hereto acting under
authority of their rea~ctive governing bodies have caused this
contract to be duly executed in several counterparts, each of
whioh shall constitute an original. all as of the day and
year first above written.
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- ty ecretaI'Y
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CITY OF SCFlERi'Z
BY o/~~1
yor
A'1"1'EST: - .J--
1 :,' "
A. ... ;
g" It, l_,<J)/(d ~_
Ciy Secretary -
(City Seal)
CITY OF UNIVERSAL CITY
BY 7'p1~o!(6;~L{/V~
Mayor
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-~~~_._----.~- - -
THE STATE OF TEXAS ~
COUNTY OF GUADALUPE ~
I the undersigned, Oity Secretary of the City of
Schertz, Texas, do hereby certify that the attached and
foregoing is a true and correct copy of the Ordinance duly
passes and adopted by the City Council of the City of Schertz
on the J,t,ttv day of :f/jJUu1JJ~ , 1963 (and minutes
pertaining to the adoption tfiereof), which Ordinance authorizes
the execution of a contract with the City of Universal City,
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supply,
I do further certify that said Ordinance is of record
in the minutes of the City Council of said City at Volume
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page
et. seq.
To certify which,
City of Schertz this the
witness my hand and seal of the
~& day of J!.tfJ-lt,u.A I~j' 1963.
/:/, 11, /]~kARiJ!
City Secretary
City of Schertz, Texas
City Seal