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ORDINANCE NO. 98 I .. '" _"H, '! . . . . . 1<6 " ORDINANCE AUTHORIZING ISSUANCE OF $50,000 "CITY OF SCHERTZ, TEXAS, vJATEmJDRKS AND SEviER SYSTEM REVENUE BONDS, SERIES 1964", DATED ]\!AY 1, 1964 THE STATE OF TEXAS CITY OF SCHERTZ COUNTY OF GUADALUPE ON THIS, the 15th day of April, 1964, the City Council of the City of Schertz, Texas, convened in ~Det!"d / . sessbn at the regular meeting place thereof in the City Hall, there being present and in attendance the following members, to-wit: ROY'vi. RICHARD MAYOR ~~X>4.:~0N( ) RALPH R. IKELS l RAYMOND G. KOYlIl ALDERIVIEN ROBERT B. STED!I[AN ) ]\lALFORD C. KOCH OTTOMAR SCHERTZ and with the following absent: AIo .Je , constituting a quorum; and among other proceedings had by said City Council were the following: Mayor Richard introduced a proposed ordinance. The ordi- nance was read in full. Alderman MY /VI made a motion that any rule requiring ordinances to be read at more than one meeting be sus- pended. The motion was seconded by Alderman _C: fed M~N" and carried by the following vote: AYES: Aldermen -S<'c;~rt~, :;:,:els, Koymi, Stedman and Koch NOES: None. Alderr,1a:l freL s. made a motion that the ordi- nance be passed i'~___~lly. The motion was seconded by Alderman K;;/hJ c, ,~ carried by tl-:~ i'ollowing vote: p.~~ j . l.dermen 1J'e\etf~, Stedman and Koch Ilcels, Koym, NOES: Eone. ,.,1 / / 'I il " ,I 11 Ii H " 11 iI il 'I il passed. II II II 'I Ii Ii ,I II " II I, I II I' II II Ii Ii I , I 'I legally called and held for the purpose the City Council of the I i City of Schertz, became authorized and empowered to issue special , i I obligation bonds of the City payable as to principal and interest i' " .i! solely from the revenues derived from the operation of the water- II " ii works and sanitary sewer system of said City, including all II :1 additions, extensions, replacements and improvement~ thereto which II Ii may hereafter be made, after deduction therefrom of the reasonable " II expenses of maintenance and operation of said system, the follow~ !l Ii ing schedule reflecting certain pertinent information with II i' II to such authorization: II II . I, :1 ELECTION TOTAL VOTED Ii DATE AUTHORIZATION Ii Dec.15, 1[1962 Ii and 'I il WHEREAS, the bonds previously issued as above referred II to have been heretofore authorized, issued and sold pursuant to I, Ii ordinance duly passed, adopted and enacted by the City Council of " " ' " il the City of Schertz, Texas, such bonds being further identified " 'I ,: as follows: " \1 ii ~ ! " Ii 'I fj " ,. H ~, \1 ,l ii 'I !i (! :! . . , , . I i I ! The Mayor announced that the ordinance had been finally The ORDINANCE is as follows:, "AN ORDINANCE by the City Council of the City of Schertz, Texas, authorizing the issuance of $50,000 'CITY OF SCHERTZ, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1964", dated May 1, 1964, for the purpose of improving and extending the City's waterworks system, as authorized by the Constitution and laws of the State of Texas, particularly Articles 1111 to 1118, both inclusive, Vernon's Texas Civil Statutes, as amended; prescribing the form of the bonds and the form of the interest coupons; pledging the revenues of the City's combined Waterworks and Sanitary Sewer System to the payment of the principal of and interest on said bonds, after deduction of reasonable operation and maintenance expenses, as s~id expenses are defined by statute; enacting provisions incident and relating to the subject and purpose of this ordinance; and deClaring an emergency " WHEREAS, pursuant. to an election heretofore duly and I respect, I AMOUNTS VOTED FOR PURPOSES INDICATED PREVIOUSLY ISSUED BALANCE UNISSUED $600,000 $600,000 Waterworks $300,000 $300,000 "CITY OF SCHERTZ, TEXAS, WATERWORKS AND SEWER SYSTEroi REVENUE BONDS, SERIES 1963, "dated February 1, 1963, in the original principal sum of $300,000 ,;:,~, ...'. r . . and~ whEREAS, it was provided in the ordinance authorizing the issuance of the Series 1963 revenue bonds, passed and adopted on the 29th day of January, 1963, that the City reserves the right to issue additional bonds on a parity with the bonds authorized as aforesaid, payable from a first lien on and pledge of the net revenues of its combined Waterworks and sanitary Sewer System, but only pursuant to. and subject to the restrictions, covenants and limitations contained in the ordinance authorizing said bonds; and vrtlEREAS, the City Council finds and determines (a) that the City is not in default as to any covenant, condition or obli- gation prescribed by the ordinance authorizing the issuance of the outstanding bonds; (2) that each of the funds created by the ordi- nance authorizing the issuance of the outstanding bonds contains the amount of money required to be on deposit therein; and (c) The average annual net revenues of the combined Waterworks and Sanitary Sewer System, as certified by a Certified Public Accoun- tant for the two year period, the twenty four months ending March 31, 1964 (such earnings and expenses having been adjusted to re- flect municipal ownershkp and operation during the twelve month period ending March 31, 1963, being that part of the ~lenty four months' period when the System was owned and operated by a private corporation or person) are equal to at least one and one-half (1-1/2) times the average annual principal and interest requirements on all first lien revenue bonds payable from the net revenues of the System which VIill be outstanding after the proposed $50,000 City of Schertz, Texas, Waterworks and Sewer System Revenue Bonds are issued, sold and delivered. Such average interest and principal requirements were Co~}puted on a calendar year basis as of the 1st day of May, 1964, be~ng the date of the proposed issue. v II :1 II II " Ii II II Ii II !I II pose of purchasing a privately owned waterworks system which serves " II II the inhabitants in and in the vicinity of said City and improving Ii and extending said waterworks system, and such systems were ac- Ii . II quired by the City with the proceeds o;f said bonds and it is now Ii found and determined that $50,000 bonds of the said voted authori- ~ I II zation should be issued ~or the purpose of improving and extending ,I Ii II il II Ii II II the City Council of said City the ))proceeds of the said additional !i bonds are needed for the purpose for. which authorized, !i II II .TEXAS: 'I II II Revenue Bonds. Ii City of Schertz, Texas, be issued in the principal amount of II Ii $50,000, to be known and designated as "CITY OF SCHERTZ, TEXAS, Ii WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1964", for the II II purpose of improving and extending the City's waterworks system I: under and by virtue of and in strict conformity with the Constitu- I, II tion and laws of the State of Texas, particularly Articles 1111 to , 1,Ii l 1118, both inclusive, Vernon's Texas Civil Statutes, as amended, II and pursuant to the special election held in said City on the 15th II ill day of December, 1962, the bonds hereby authorized being a portion II il and the second installment of bonds out of a total of $600,000 " Ii Ii revenue bonds authorized at said election, which said series of II I' II (j H 'I I: H Ii works and sanitary sewer system ,I " " i: tions, extensions, replacements i! . . WHEREAS, the Series 1963 bonds were issued for the pur- the City'.s waterworks system in accordance with said voted authori-I zation and that the.remaining amount of said .bonds too-wit: $250,0001 shall be issued at a future date or dates, when in the judgment of I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF therefore I , SCHERTZ!, SECTION 1: Amount - Name - Purpose and Authorization of That the serial coupon revenue bonds of the bonds, together with the outstanding and unpaid previously solely from the revenues derived from the issued interesJ, , I operation of the water- I I of said City, including all addi- 'I and improvements thereto which may I I I I I I bonds (as herein defined) are payable, as to principal and Ii :: hereafter be made, after deduction therefrom of the reasonable " " :: expenses of maintenance and operation of said system. H :: " i; , d " !; " 'i !( :1 H I' " ;; . . SECTION 2: 2.01 - Date - Bond Numbers - De~omination and Maturities. That said revenue bonds shall be dated May I, 1964, shall be numbered consecutively from One (1) to Fifty (50) both inclusive, shall be in denomination of One Thousand Dollars ($1,000) each, aggregating FIFTY THOUSAND DOLLARS ($50,000), ahd shall become due and payable serially in their numerical order on June 1st in each of the years 1994 to 1996, both inclusive, in the respective amounts shown in the fOllowing schedule, to-wit: BOND NUlIfR'RRS (All Inclusive) l\1h?URITY Ar.'IOUNT 1 to 16 1994 $16,000 17 to 33 1995 17,000 34 to 50 1996 17,000 2.02 - OPTION OF PRIOR REmN?TIOL That each of the bonds of this issue maturing on and after Tune 1, 1994 , shall be subject to redemption prim" to ms.tu:c"ity on .June 1, 1984 , and on any interest paYffient date thsreafter~ at a price of par and unpaid accrued interest to the fate fixed for redemption. Notice of the intention to redeem S13:L1 be given in writing to the bank at which said bonds are payable, and said ~otice shall be published at least one (1) times in a financia~ journal or publication of general circulation in the Uniced States of America, which notice shall be given to said bank and pL1;lisl10" in said journal or publication at least thL-ty (30) days pric_' to the date fixed for rede~ption. If, by the jate fixed for redemption, funds shall p~ve been made av@lable sufficient to pay the principal of any bond so called for redemption and unpaid accrued interest thereon to the date fixed for redemption, it sha:Ll not thereafter bear interest. In the event that less than all bonds outstanding then eligible for re',cc;:'"ption shall be thus called, the bonds the" proposed to be redee:,_~c~ 0'>'211 be called in inverse numerical order. . . SECTION 3: 3.01. INTEREST RATES AND INTEREST PAYlENT DATES: That said bonds shall bear interest per annum, represented by interest coupons attached to said bonds, at the fol1ovJing rates, respectively: Bonds Nos. to SO both inclusive, 4 1/2 c;/p /0 :J Bonds Nos. to both inclusive, C'!:. ---10, Bonds Nos. to both inclusive, c~ /0 :? interest payable December 1, 1964, and semi-annually thereafter on June 1 and December 1 of each year until the principal sum is paid. 3..02 - I-,10m OF PA-~l}\TEl,jT JU1D BANK 01:7 PAYU[SNT. That both principal of and interest on said bonds shall be payable in any coin or currency or the United States of Ai1!erica whic~1, on the respective dates of payment of such principal and interest, is legal tender for the payment or debts due the United States of ~merica, at the FROST NATIONAL BANK, San Antonio, Texas, v-rithout exchange or collection charges to the owners of the bonds and/or interest coupons. The principal o~ said bonds shall be payable only upon presentation and surrender of said bonds as they respectively become due~ and in- terest falling due on ana prlor to the respective maturity dates of the bonds shall be payable only upon presentation and surrender of the interest coupo~s attached to said bonds as such in~erest cou- pons severally be c;orne elL" > SEC::::':: 1+: :CXc:~u=ION 0:8' BONDS AND INTEREST COUPOl':S: The seal of sa~.~~ Ci ~y :.:.<.. impressed on each of saId bonds or in the alter::~" .';'~'-':ie 2. l'acsi~.~;ile of such seal may be printed C,,-~ the said bonds" ?l12 bonds and interest coupons appurtenant thereto may be executed by the imprY~ed facsimile signatures of th~ Mayor and City Secretary of the City and execution in such manner shall have the same effect as if such bonds and coupons had been signed be' one . . Mayor and City Secretary in person by their manual sig~atures. Inasmuch as such bonds are required to be registered by the Comptroller of Public Accounts for the State of Texas, only his signature (or that of a deputy designated in writing to act for the Comptroller) s~zll be required to be manually subscribed to such bonds in connection with his registration certificate to appear thereon, as hereinafter provided; all in accordance with the provisions of the "Texas Uniform Facsimile Signature of' Public Officials Act", enacted by the 57th Legislature of Texas at its Regular Session in 1961. SECTION 5: FORM OF BONDS: That said bonds shall be in substantially the following l~orm: NO. DlUTED STATES OF AMERIOA $1,000 STi',TE OF TEXAS COTJNTY OF GUADALUPE CITY OF SCHERTZ, TEXAS, v!ATERlvORKS AND SEWER SYST:EE REV,SNiJE BOND, SERIES 1964 T~3 CITY OF SC;~RTZ, in the County of Guadalupe, in the State of Texas, FOR VALu~ R2CEI\~Do hereby acknOWledges itself in- debted to and PRCl'USES ':['0 Pk'! TO E:::n'1ER ON THE FIRST DAY OF JUNE, 19_, solely from the S)~Clai funci hereinafter specified, the sum of onz TECUS;U~:; DOLL.\RS I ' ) ,$1,000 , and to pay i~terest thereon from the date hereof at the rate ofr % (NOTE TO PRI~~ER: For interest rates~ see Secti~::. 3..01 of bond ol"ldinance) per annv.::'"[lp inte:;:.C:2"G payable Dece~ber l. 1964, and semi-annually thereafter on June 1 and ~2cember ~ of each year until the princip~l E~D hereof shall have been pale. Both principal of and interest on this bone. are payal in any Coin or currency of the United St2..tes of ilmerica which on 'G:,0 " ! ~ II i! " II ii " i! . . (, , il Ii H I ~ 'I h it respective dates of payment of such principal and interest is ..ii I' II ,f " Ii " " fi I' ,I I, 'I I; Ii 'I II I' " !I Ii 'I II I, 'I I. ii I' ,I Ii il I, II I Ii H i: II I' .I " I! I! ,I !I I. " 11 II II I. " " ,il !i :1 , 'I !I II II :1 il II !1 Ii I[ I, Ii if Ii I' I! 'I ;1 !I I' 'I " 'I I, Ii i, I. :1 Ii " " legal tender for the payment. 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 this bond, and interest hereon falling due on and prior to the ma turi ty of this bond shall be payable only up'on presentation and surrender of the interest coupons hereto attached, as Such coupons severally become due. I i THE DATE of this bond, in conformity with the ordinance i I I I I i I hereinafter mentioned is May 1, 1964. THIS BOND is one of a series of 50 serial bonds of like date and tenor, except as to serial number, interest rate and maturity, being numbered consecutively from 1 to 50, both inclu- sive, in denomination of $1,000 each, aggregating $50,000 (being a portion and the second installment of bonds out of a total of $600,000 bonds authorized at the election hereinafter mentioned), and together with the other bonds of said series, is issued for sys- I State I the purpose of improving and extending the City's ~aterworks tern, under and by virtue of the Constitution and laws of the of Texas, particularly Articles 1111 to 1118, both inclusive, Vernon's Texas Civil Statutes, as amended, and by authority of a i vote of the duly qualified resident electors of said City who I owned taxable property within said City and who had duly rendered I the same for taxation, at an election held within said City on thel 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 of . which ordinance the owner or holder of this bond, and of the interest coupons appurtenant thereto, by the acceptance thereof, expressly assents. Ii Ii iI :! ;i I' ,! Ii !! i! g Ii !! . . EACH OF THE BONI;S OF 'I'}IIS ISSu"E I1ATURmG ON Arm liFTER June 1. 1994 (Being Bonds Nos. 1 to 50 , both inclusive) SI~~L BE Su~ECT TO PEDEMPTION prior to p-;.aturity ON Jlmp. 1 19R4 , and on any interest payment date thereafter, at a price of par and accrued interest to the date so fixed for redemption. If the 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 are payable, and said notice shall be published at least one (1) times in a financial journal or publication of general circulation in the United States of ~~erica, which notice shall be given to said bank and published in said journal or publication at least thirty (30) days prior to the date fixed for redemption. If, by the date fixed for redemption, funds shall have been made available sufficient to pay the principal of any bond so called for redemption and unpaid accrued interest thereon to the date fixed for redemptioD3 it shall Dot thereafter bear interest. In the event that less than sl2. bond.:.: oi.-ltstanding then eligible for redemption shall be thus called" t}~e bO.,:,ds then proposed to be redeemed shall be called _LiJ 1..1ver-:s.;:; -,-1ur::E:~'ical order. EACH 2T.,;CG~-=:;5SIV3 F~-=~L;3R "^~::: ;':;::::':[18 30~\.I.';; and each successive holder of eaCZl of tt:e iD:c82'est COvl..~-=-O..lS hereto attached is con- elusively p~es~ceG <-A (N :r-0:::2';:;:~ and re~~lC:~:..c!.(;e his equities in favor of subseque::/c hold8~'""'S :..:. ': _' \.::'~~:"",-12 ::~nd lNi thCYl.-i.C notice ~ and to agree that this bODe: ':,i:2. each of' -C~.:.tE; C;OUPOD2 :::.:.,s:rcto e.ttached. -:,1a~r be negotiated by deli'v2::::Y by any person having possession there c.::' ,. howsoever such possessiOi.-i m2.Y have. oee:-.:, acc~uired~ and the.:c 2.,:.':::..... l'.Lolder who shall have take~ this bond or any of the coupons -;'-""-' ....1....,..... S.EY person for value and v,rithOt~t ::-.:.otice the:i.."eby has acquired 2.:.. .2.ute title thereto3 free Iro~ any derenses enforceable against a~y prior holc..eJ.:~ and free fr.om 2.1J. equit ies and. claims of o~\:nersl'lip of' a~--:y such prior holder' c. T~~,. , ~.:y of Schertz and its official and r~,s~21 age.:.1ts shall not be s..,:.te c"'c3d by an~T notice to the contrary. . . THIS BOliD shall not be deemed to constitute a debt of the City of Schertz or a pledge of its faith and credit, but, together with the outstanding and unp2id previously issued bonds (~ 'e.'n ~ ", ~~ as Q .L.l..l8a lJ..'J. vue ordinance authorizing th3 series of bonds of \~hich this is one) shall be payable, as to principal and interest, solely from the revenues derived from the operation of the water- works and sanitary sewer system of said City, including all addi- tions, extensions, ~oeplacemen'cs, and in:provements thereto which may hereafter be made, after deduction therefrom of the reasonable expenses of maintenance and operation of said System. The holder hereof shall Dever have the right to demand pa~Qent of this obli- gation out of any funds raised or to be raised by taxation. 'I'IE CITY EXPRESSLY F3S:SR\iES TF.E RIGHT TO ISSD'E the re- lliaining bonds authorized at the election held on December 15, 1962, and additional bonds psyable from the net revenues of said wate~Norks and sanitary sewe~ system$ and such remaining voted bonds and additional bonds may be on a parity and of equal dignity in all respects with the bonds of this issue and with the o~t- standing previously issu,ec_ -:Jo,-,ds, but such remaining voted bonds and additional parity bon~s may te issued only pursuant to and subject to the r2st:--ic-':;io::-~:'::> Govc::c~a:lts-, and limitations contained in the ordinance av..thorizirlg ;chis issue of bonds" to l'J'hich reference is heroby made for 2,11 ps.r':.i'2;'Qlar'8", I;:C IS 1-Blli3Y CERTI~:.IED;I ~~LZCITED AND REPRES=';~J'i:BD that the issuanC8 of this bond and the other bonds of the series of which this bOi..ld is a part is dUJ_Y s.:~lthor'~~z'2d by law; that all acts, con- d:..tionti 2..~'1d things Z'equired -co eXi:J C and to b6' done '~recedent to ~;'rJ in the :..ssue.nce of this series of bonds to render the same lahT- ful aDd valid have Deen p~operly done and perfo~~ed and have happen2d in regular and due time" form ana. ;~':2..~.~:~~e:.'>-, as required by la~'i; that due provision 1-,as been !2ade for.:', p8.ym2nt of the prin- cipal of and interest on ~vhis bond and the (.' :~..8r bonds of the series of 1'!hich it is a P8..1...;t by irrevoc;abl~-" ~:)led.ging the net revenues of said v.Jatert\'"orks and sanitary sei,','cI' system; and that . . , .,-j .p OJ r~ o <:.) ~';>J :::-..: cd .,j 0) c, <) l..' 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" ,..~ -p I-j o c:_~ ~-l o P, c) s:: ,~ ::1 f.1 ;J o ::.. (1) '-3 ~:~ (j) -!..) r.1 '.3 ,] ,~) ,.-j ('.J o c: .,-! ';'1 .r! () .,') (,) 1) '.1 '-' ,'? j " .,) .; ,-,: ','! :i ('j .p ':: o ~ rl ,-J CO .f<~ f/l i I I:; pJ I ::~ I ~~ I'J j,--l d $-,1 (' U () .!..', '!~l !,) ,', ! . .. ') o -'{ ;,.i,.-f ) r.) ,., " I _J ~. j ~IJ "-') {J i~ .!:: r_~ "';, 0 '~ "'1 .;-~ [!l ~J d ;) ;:,. .., () _ r-t :--', j:'., ;-)-f ,d ill ':$ r~ 'd ') (\J~J 'j ~:: ,) (J .J ;.:: ,'J 0 ,I " ~ ~ ~ ,': u J '.~I C) -.:-.: :~-t ,. ;.,] o ;J .1.) 0 '(;- , , .) .:) ,) 1 ;-1 ,--]r-I ~_: :'3 () '._i ;.'> ,; .' . . State of P~erica, solely from the special fund specified in the bond to which this coupon appertains, said sum being interest due that date on City of Schertz, Texas, Waterflorks and Sewer System Revenue Bonds, Series 1964, bearing the number hereinafter speci- fied, dated May 1, 1964. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Bond No. Mayor, City of Schertz, Texas City Secretary,City of Schertz, Texas SECTION 7: RSGISS'EATTON 011' BONDS BY STATE CO;<!PTROLLER AND FORi,\![ OF REGISTRATION CEHTIFICATE. That each of said bonds shall be registered in the office of the Comptroller of Public Accounts of the State of Texas, as provided by law, and the regis- tration certificate of said Comptroller of Public Accounts, which certificate is to be printed on the back of each of said bonds and is to be manually ex~~uted, shall be in substantially the following form: OFFICE OF COMPTROLLER ~ 9. REGISTER NO. THE STATE OF TEXP,S ~ I tillRE3Y CE~T=?i that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and is a valid and binding special obligation bf the City of Schertz, Texas, payable fro:n the r'S\Tenues pledged to its payment by and in the ordinance authorizing the sa~e; and said bond has this day been registered by me. J . . WIT?ffiSS ~IT HAND p~~D SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the State of Texas SECTION 8: DEFINITIONS: That, as used in this ordinance, the following words and terms shall mean and include, and are defined, as follows, to~"it: (a) City - the City of Schertz, Texas, and where appro- priate, the City Council thereof. (b) System - the wate~~orks system to be purchased by the City with the proceeds of sale of the bonds authorized by this ordinance and the ordinance of January 29, 1963 and the sanitary sewer system of saic City under constructio~, including all present al;ld future ao.ditions, extensions, rep1acernen'cs and improvements to said i1at2r~orks system and sanita~y sewer system. (c) Net Revenues - the gross revenues der:'Lved from the operation of the System less the reasonable expenses of maintenance and operation of said System, including all salaries, labor, materials, interest and sue:,. repairs and extensions as in the judg- ment of the governing bodJ c: the City are necessary to keep the plant or util~ty in operatic': and render adequate service to such City and tne inhabitan.c.s the:C'30f, or such as might t" .,ecessarylto meet SO~-G2 phy.. ,;..::-:..1 accident or cond.ition tihich would o-chervli;se impair the 8riginal secur~ty~ , 'n d~ \,..) .,,:)on u - the ~;)50"OOO City of Schertz" Tc:::'.:..s, tAjater- works ai.1d SeT;,yer System Revenue Bends, Series 1964" dat('t,:~ ~lay 1, 1 00"'" LL -:;J . ~ authorized by-thiS ordi2ance~ (e) Previously Issued Bonds - the City of SCDertZ:1 Texas W2te~#orks aDQ Sewer System Revenue Bonds, Series 1963, dated February 1, 196~. in the original prinCipal amount of $300,000 ..- . . (f) Remaining Bonds - the remaining $250,000 revenue bonds authorized at the election held. in the City on the 15th day of December, 1962, and which the City expressly reserves the right to issue in Section 10.06 of this ordinance. (g) Additional Bonds - the additional parity revenue bonds that the City expressly reserves the right to issue in Section 10.07 of this ordinance. SECTION 9: SECURITY FOR BONDS, RET"iAINING BONDS A.!.'W ADDITIONAL BONDS: That the Bonds, the Previously Issued Bonds (and, when issued, the Remaining Bonds and the Additional Bonds) are payable from and secured by a first lien on and pledge of the revenues of the System after deduotion therefrom of the reasonable expenses of maintenance and operation of said System. The Bonds, the Previously Issued Bonds, and, when issued, the Remaining Bonds and the Additional Bonds shall be in all respects on a parity and of equal dignity with one another. SECTION 10: PLEDGE OF NI:'I' RE,TSN'JES. That all of the net revenues from the operation of the System, with the exception of those in excess of the amounts required to establish and main- tain the funds as hereinafter provided, are hereby irrevocably pledged to the payment OI' th2 Bon,ds, the Previously Issued Bonds, and, when issued, the RJl;" i:,i:'1g Bonds and the Additional Bonds, subject to the t2~~S and provisioQs of this ordinance. For the benefit of the original purohaser of the Bonds and for the bene- fit of any and all subsequent holders of said Bonds, interest coupons, or any part thereof, and i~ addition to all other pro- visions a~d 00venants aDd th2 IffiIS OT the State of Texas~ and in this ordiL&,,::-e it is expressly sti~:"i.11ated: - - i:- RAm~c: =..:.~- '1"::"'''-'0 The City shall fix and maintain rates and collec~ charges for the facilities and services afforded by the Syster,1 ':!hich will produce revenues sufficient at all times: (~) To pay for all operatioQ, maintenance, depreciation, replacement, and betterment charges of the System; . . (b) To produce net revenues each year in an amount not less than one and one-half (1-1/2) times the average annual prin- cipal and interest requirements on all bonds then outstanding payable from the revenues of the System; (c) To establish and maintain the Bond Fund and the Reserve Fund as provided in this ordinance, and in the ordinance authorizing the issuance of the Previously Issued Bonds, and any ordinances authorizing the issuance of the Remaining Bonds and the Additional Bonds; and (d) To pay all outstanding indebtedness against the System, other than the Bonds, the Previously Issued Bonds, the Remaining Bonds, and the Additional Bonds, as and when the same become due. Provided, also, that no free service or services of the System shall be alloKed, and should the City or any of its agencies or instrume:ltalities make use of the services and facili- ties of the System, payTIent of a reasonable value thereof shall be made by the City out of funds c.erived from sources other than revenues and income of the SysteDo /' 10.02 - USE OF REVEJUES: The City will deposit, as collected, all revenues derived from the operation of the System into a separate account (herein cal:l.'2d the "System Fund") which shall be kept separEote and alJart L:'o", all other funds of the City. The System Fund shall be ad~irtistered as follows: (a) o.'a-1 rd-nn~ -,~,~ ""ct' O'on-'~~' on ~'':' ~~... '-Jv ~c,...:......,...... ~....L ;. ..... J. c... v...:.. .. From the moneys in the System Fund, the City shall pay the expenses of maintenance and operation of the System, including all salaries, labor'; materials, interest, and such repairs and extensions as in the jto.:'gment of the governing body of the City are necessary to keep the plant or utility in operation and render adequate service to such City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would othe~~ise impair the original security. . . (b) Bond Fund. There is hereby created and established a special fund for the payment of the principal of and interest on the Bonds, to be known as CITY OF SCHERTZ IvATERHORKS AND SEIlER SYSTEM ~~]fUE BOND, SERIES 1964 INTEPEST AND SINKING FulvD, here- inafter referred to as the "Bond Fund". After the payment of all expenses provided for in the next preceding paragraph, the City, on or before the lOth day of each month, beginning with the month of 'l'"ay 1061J. 'J. :} ./ . j and continuing until all the Bonds have been finally paid, both as to principal and interest, shall from moneys in the System Fund, pay into the Bond Fund the following amounts , (1) On or before )Iay 10:: 1964, and on or before the lOth day or e&CD mo~~h thereafter to and including November lO~ 1964, an amount which is not less than One-seventh (l/!th) of the interest falling due on D2cG:Jber 1, 1964, on .the Bonds; and (2) On or before December 10, 1964, 2nd on or before the lOth day of each month thereafter, an a~ount which is not less than: One-sixth {1/6th)of the next maturing interest on tl'le Bonds, anc. (3) On er before Ju:,e 10, 1993, and on or ::.cfore the lOth c.ay cf 22~(::11 month thereafter", an c-"::ount vlhich lS not less ~h~~: One-twelfth (1/12th) of the next maturing principal of tho Bondso If in any montI, .; -.2 Ci'cy shall, f'or any reason, fail ';0 pay into said Bond FL:L":.:~ the: full a.mounts above stipulated., amu.J.nts equiva- lent to such deficiency or (eficiencies shall be set apart and paid into said Bond Fund fro," the first available and unallocated revenues of the following month or months and shall be in addition to the a~ounts hereinabove provided to be other~ise paid into said Bond Fund each month. The mODeys paid into the Bond Fund shall be deposited in the official depOSitory of the City, and shall be continuously secured by a valid pledse to the City of direct obli- gations of the United states of America, having an aggregate market . . value, exclusive of accrued interest, at all times equal to such Bond Fund. The amount received from the purchaser of the Bonds as accrued interest thereon from the date of the Bonds to the date of delivery shall also be placed in the Bond Fund, which shall reduce by such amount the sums which I'lould other\'Jise be required to be placed into the Bond Fund from the revenues of the Sy'stem. (c) Reserve Fund. There is hereby created and established a special fund as a reserve for the Bonds, to be known as "CITY OF SCHERTZ \'JATER\'TORKS AND SE',iliR SYST:GIvI ?.E\'ENu'E BOND SERIES 1964 RESERVE Fln-JDt! hereinatter ::=eferred to as the lrReserve Fundll. After the pay~ents required by the next two preceding paragraphs have been made, the City on or before the lOth day of each month, beginning with 'che month of ;-'Iii.y, 1961;" shall, from moneys in the System Fund, pay into the Reserve ?und an amount which is not less than $50.00 per month, and such monthly payments shall be continued until such time as there is in the Reserve Fund an amount not less than $3,000. If in any month the City shall, for any reason, fail to pay into the Reserve Fund the full amount above stipulated, amounts equivalent to such deficiency or deficiencies shall be set apart and paid into the Reserve Fund from the first available and unallocated revenues of the follo"iing month or months and shall be in addition to the monthly deposit hereinabove provided to be other- wise paid into said Reserve Fund. The moneys paid into the Reserve Fund shall be deposited in the off.cial depository of the City and shall be continuously secured by a valid pledge to the City of 'direct otiigations of the United ~'~tes of America, having an aggregate market value, ezclccsive of accrued interest, at all times at leas: equal to such Reserve Fund. The moneys in the Reserve Fund, at the c)tion of the City, may be invested in direct obligat~ons 0;:' the 'j',1ited States of L':Jcrica (,.,aturing within 10 ;years from the . . date of purchase or maturing before the final maturity of the Bonds then outstanding, whichever shall first occur, which shall be deposited in escrow with the local depository under an escrow agreement. 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 sufficient &uount of such securities in order to meet its obligations of principal and in- terest in the event that it does not have sufficient uninvested funds on hand for such purpose. Under such circQ~stances, the Mayor is hereby authorized, ordered and directed to give fifteen (15) days' written notice to such escrovc agene ci' the ::2'-'::'3sity to sell such securities on the open marketa After said sa12~ ~~2 Doneys result- ing therefrom shall belong .cc the ~essl-:\le Fund and [.,;::-.,'::.11 be avail- able to pay such oblig2tic~8 cf principal and interes~ as above provided. So lor~ as the Reserve Func contains a balance of not less than $3~OOOj no further payments need be made into said Re- serve Fund; however, in the event that said balance is ever reduced to an amount less than $3,000, the monthly pa~nents, as provided above, shall be continued and resumed until said balance of not less than $3,000 is again reached and maintained. (d) .'I'-"u"'- K'''nr1~. - ."-' "" _ .....,__I.,.~;.:l ~ ~'ioneys in the Bond Fund and in the Reserve Fund shall constitute trust funds, and shall be used solely for the afor&sai( )urposes until ~ll of the Bonds have been retired~ both as to ~~incipal and iDter2st~ The a)prop~icte officials o~ the Ci ty shall 3surc that moneys are transferred from the Bond Fund (and~ if n2cessary, from the RGse~ve Fund) to the bank of pa~~ent at the p::oper times so that funds ~:Jill be availa.bl'2 fo::? the payment of the interest on and principal of t~e Bonds as such interest and principal respectively becoDe cue and payable. When there are moneys in the Bond Fc~d and Reserve Fund sufficient to make all interest payments and all principal pa~~1ents due and to become due to the fi~l2.l matul"'ity of' all bonds tl'J:3D outstanding paya.ble from the reve- ~uss of the Syste~, no further pa~nents need be made into said Bond ~~nd and Reserve Fundo . . (e) Surplus: Any funds remaining in the System Fund after provision has been made for the payment of the reasonable costs of maintaining and operating the System, and for the payments into the Bond Fund and the Reserve Fund for the bonds herein authorized and the previously issued bonds, as above provided, and after proviSion has been made for all payments that may be required by ordinances or proceedings pertaining to Remaining Bonds or Additional Bonds, may be used for the retirement of Bonds, Previously Issued Bonds, Remaining Bonds, or Additional Bonds, or may be used for any other'purpose or purposes permitted by 12:d. lOa03 - MAIN1~NANCE AHD OPERAT~Q~: The City shall maintain the System in good condition and operate the same in an efficient manner and at a reasonable cost. So long as any of the Bonds 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 amc1J.n.t 1:>'lhicl1 would usuall;sr be c2.rried by private companies engaged in a similar type of bus~ness. Nothing in this ordin.ance shall be const~ued as requiri~'"lg the City to expend 8.":ly funds for -C~~..;i;3 puppose 'ilhich are del,_-,.,"i'e(~ :>:.:~om sources other than the operation of the System, but nothing herein shall be construed as preventing the City from doing so. 10.. 04 - ACCOT.JiT:;'~S FISC}:S YEI~FL AND ACCOUl\-;'-~J.~'- REPORTS; (a) The City scalI keep proper r&~o~ds and accounts (separate from all other l~ecords and aCCOU;1"SS 0:: 'che City) in l'lhich complet~ and correct el1tries shall be made of all tranS&(;'C,__C'.1S relating to the System. The City \'iill operate the System on the bs.sis c,: a fiscal year ending DecemDer 31st~ (b) Not 12,:2:,' t:,an the 15th day of each month, be- gl" DIY; n~ '.Ji ,-on "'ne 1-"0'- - , ~f' J~'U'"~ lo6LI __~'"""'-=' ,._\..0_ v_ .. ._-'__ ""'_ ....c:f) ;;; C'J the City will furnish, with- out cost to: . . Any holder of any Bond or Bonds who may so request in writing a copy of a monthly operating statement signed by an official of the City, covering the next preceding calendar month, showing the following information relating to the System; (l) (2) Income and expense statement; 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 ~ervices of System. (c) Not later than 90 days after the clost of each fiscal year beginning with tD8 fiscal year ending~December 31, 1964, the City will furnish without cost, to- IYlunici~ 1 ;~\~~_:':'~:::ory Oouncil of Texas Aus tin" Te:x2.2..7 ~~y holde~ of sny Bond or Bonds who may so request i:1 ~'.Jl""i-ciDg~ a signed or 82::"cifiec. CC)Y of a ~:'eport of an independent certified public accountant or fir," of certified public accountants, covering the next preceding fiscal y~ar, showing the following information relating to .Iche System: (1\ T~comA ~~d eY,'".)~r~'~ \~) -.. -,.~ "'" "' --,-~ ztatement; (2\ \ ) B$.lar.:.e'2 31:88-::: (c) ;~(;(;Ountant;! s c..umment regarding th'8 manner in ~'lhich the City has complied Hith t~e requirements of this ordinance, and his reco~~endations for any changes or improvements in the accounting procod~res; r . . (4) List of insur@1ce policies in force at end of the fiscal year" showing as to each policy, the r-isk covered, the name of the insurer, and the expiration c.ate; (5) The number of ullqetered "'later customers of the System at the end of said fiscal year, if any; and (6) The number of gallons of water pumped into or taken by the System and the number of gallons of water sold by the System during said fiscal year. 10.05 - INSPECTIONS: Any purchaser of 25% or more in prin- cipal amount of the Bonds, and any ~older of 25% or more in prin- cipal amount of the Bonds then outstanding shall have the right at any reasonable time to inspect the System and all records, accolli~ts, and data of the City relating thereto. 10.06 - HEMAINING VOTED BONDS: The City expressly re- serves the right to issue the remaining $250,000 bonds authorized at the election held in said City onv,e 15th day of December, 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 reVGnues of the System in the sa~e manner and to the same extent as are the Bonds, the Previously Issued Bonds, and such Re:n2.ining BO:1ds sl:ai.::' be in all respects on a pari'cy and of equal digni ty \'l:;:ch ti,e Bonds and the Previously Issued BODds. No Remaining Bonds", hOl",,:~_ 2::C-, shall be issued 1;:.nless: (~) The City is not then in default as to any covenant, , conditi01 or cbl~Gation prescribed by this ordinance or by the ord:..::.:s:1ce, 2.uthol"izing t;l;.2 iss"O_c..nce of the Previously Issued Bondw; (0) E2.ch of the funds created by this ordinance and the ordinance o~ Jan~ary 29, 1963, contains the ~~ount of money then required to be on deposit therein; (c) '::'he average annual net revenues of the System for either of the. ::'c.,=:"lovJing two-year periods: . . the 24-month period ending on the last day of the month preceding the month in which the bond ordinance is adopted authorizing such re- maining bonds~ or the then two preceding fiscal year, as certified by an independent certified public accountant or firm of certified public accountants, were equal to at least one and one- half (1-1/2) times the average annual principal and interest require- ffients on all first-lien revenue bonds payable 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 interest requirements to be computed on a calendar year basis and as of the date of the Remaining Bonds then proposed to be issued); prOVided that if during any part of the two year period all or any part of the System may have been owned and operated by a private corporation or person, the earnings and expenses during such time will be adjusted to reflect municipal ownership and opera"QoD; Cd) Prcv~~i0n ~5 mane -,'''' the bond ordinance authorizing the Remaining Bo~~s then pr)~osed to be issued for additional pay- ments into the Recerve FLn~ (in ~~cition to payments required by 'hl s ord ,.,~ ce) se 'n. I. ~..:=i'_:;, ,-q -,kle<:::!,o~,,"\r,_~ ~ :... iLc.:.: ...) ~c~ 8.."::' _~ ..... ..~ >..>..... _ _ Fund will in not late~ than five (5) years from the d2.te of ;:'uch remaining bonds cCl.1tain a balance or not less thai:, the c.,vel"a3~e annual principal &.nd interest requirements on all first-lien revenue bonds payable from the net revenv.es of the Systel"c. that Ti!ill be outstanding af'-::>21'" t 1'"2 Re~r:.aining Bonds ~hen proposed to be issued are issued and s01~ and delivered (such average annual prLlcipal and interest recuire,':2"''Cs to be com- puted on a calendar year oasis a~Q as of the date of the Remaining Bonds then proposed -'co :Je iBS"J.ed..; and (e) The ReL:2.:. '.i"lg Bonc.s then proposed to be issued a::..'-:'; made to mature on Jun2 ~0t in each of the years in which they are scheduled to mature. . . The term "Net Revenues" as used herein shall mean all of the net revenues of the System (excluding income received speci- fically for capital items) after deduction of the reasonable ex- penses of maintenance and operation of the System (excluding expenditures for capital items). 10.07 - ADDITIONAL PARITY BONDS: In addition to inferior lien bonds authorized by Chapters 249 and 250, Acts of the 51st Legislature of Texas, Re~ular Session, 1949, as amended, the City expressly reserves the right to issue additional parity revenue bonds in one or more installments, 2nd sucD Additional 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 SQID8 manner and to the same extent as are the Bonds, the Previously Issued Bonds and the Re~aining Bonds, and such Additional Bonds shall be in all respects on a parity and of equal dignity with the Bonds and the Re"ul:'.ning :Sones, No Additional Bonds, hOI'lever shall be issued unl.ess t~c "onditi~n2 and terms set forth in Sectl'on 10 Oo~ hcrco.r' ,o~l,"'--' ',co ~~ ',-Ycc. ',"",,;,,~"'lO'-'" B, o~ds are met .. '- '- _ _.............0. ~ .._-c v'-'" v__.... _c,-...C:.-L.l._......l_b~" l, and said conditic~lS 2.~d t.:'r-ms 8~,"3_11 s))ly 1'-:":::'.th e~'~~2.1 force to the issuance of s\lch P.J:ic.itional Bono.s ~ SECTION 11: SY:S'.F:n':= OF rrcccrrc',:? I~XD ACG~,!~U!"'~CS; That the Nay-or, City Secret2.ry and Cit:r 'I-reasur-cl"" are he}:;G~: ,;' instructed and directed to do a~y and &ll t~~~gs necessary :.:'eference to the installing and maintainins ol' 3.. c0mplete SY8 .;;c~:~ of' records and accounts pGrtaining to the Syste~l: ar..d to make the ",o::-.eys available for the payment of the Bonds ant-he Previously 1:;;;;",ed Bonds in the man~er provided by law~ SECTION 12: S=:?;Il'_L CC'JEF,,"'\""S : That the City cove r,,-,-cl'Gs, by and through this ordi~-:2~~-lce ~ as folloT,'Js: . . 12.01 - PO'i!ER TO PLSJ):}E FEilEKlJES. Tha t it has lawful power to pledge the revenues supporting this issue of Bonds and has lawfully e;cercised such pm,rer under the Constitution and la\'ls of the State of Texas~ including said power existing under Articles 1111 to 1118, both inolusive, Vernon's Texas Civil Statutes, as amended; and that the Bonds issued hereunder shall be ratably secured under said pledge of net revenues in such manner that one Bond shall have no preference over any other Bond of said issue or over any of the previously issued bonds. 12.02 - RS\lENu~S NOT ENCm~BERED: That, other than the pledge of net revenues in support of the Bonds as ~~cvided in this ordinance and the pledge of net revenues in support of the Previously Issued Bonds~ the rents, revenues, properti2s, and income of the Syste~ are not in any manner pledged to the payment of any debt or oblig~tion of the City, nor of said System. 12:; 03 - SXLE CE :S~'.JCJI/IES.Al~CE OF SYSTErlJ: AND IB5UAHCE OF REFD1\DING BOrfDS: ~h2t so l02g as any of the Bonds authorized herein or the Prev~~c,,:i~lJ =.~;;::(.'.ed Bonds remain outstancj.t;g, the City vlill not sell ::JJ.:' eilc.1..:n1be:r .che System or any substantial part thereof, and -{-',..-.......+- \-'.l.lC~v :J wit.h tl:.e'exce)tion of the Remain::'-:; Bonds mentioned in Section 10.05 hereof s.nd the Additions.::' :2,)~1ds men- tioned in Section 10 "7 1"e ,...,~nT"" _ ~v _,I. _'-'-'_, when issued in accordance v,,-::' th all the terms and conQitio~s of this ordinance~ it will not e~- cumbel""> the revenues or..... the System unless such encwnbrat:ce is made junior and subordinate to t::c Bonds and to all the p~~visions of this ordinance. Provided, ~GieVe~, that the Bonds, Previously Issued Bonds:J Rewainir':.:?; :SOl1C~S a:.-:,l J~ddi tional Bonds ma~T be ::....'21' n~1':3:d. with the consent of t~-.Le holde::....s t~lereof' (except that as to b8nds" Previously Issued Bct_c,sj R'8;:'!0..l~i~'lg BOEdSj 01'" Additional Bonds which have matured by Dor~al ~at~rity or through the eX2rcise of option of prior reo.err:p":- _ - pl"'ovisions, such consent shall not be necessary), and the re:::'.:._:1g bonds so issued shall enjoy complete r . . equality of l~n with the portion of outstanning first-lien revenue bonds which is not so refunded, if any there be, and the refunding bonds shall continue to enjoy the priority of lien that may have been enjoyed by the bonds refunded; prOVided, if only a portion of the first-lien revenue bonds t~en outstanding is so refunded and if the refunding bonds are issued in such manner that the interest rate is increased or that any refunding bond matures earlier than any of the outstanding ftzt-lien revenue bonds which are not refunded, then such refunding bonds may be issued only if the terms and conditions set forth in Section 10.06 hereof with respect to Rerr,aining 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 of thel~d8rlyin~ bonds upon simultaneous surrender and cancellation of such u~1derlying bonds, or, if authorized by law, may be sold a~1d delivered to purchasers pursuant to payment therefor for not less tl-;.2n pa~ and accrued interest, in which event the proceeds of sale and delivery shall be applied to the payment of the unde~lyi0gmLlds authorized to be refunded. 12~o4 - :;:.:0 CC~".::?-;~:~I;.'fG SYS:IE=,:: That the City further covenants~ reaffirms 2nd 2gre0s~ to the extent it leba11y ~ay, that so 1CD3 as any of the Bonds~ the Previously I33~ed Bonds, or interest thereon are o.L.:~-::;stal1ding~ no franchise shall De granted for the installation or cpe~ation of any competing system, that the City Fill prohibit the cgeratic~ of any system other than thase O'c'.c',o'd by the City, anc. that the operation of any such system by anyo;;o; other than the City is hereby prahibited. SECTION 13: CRDlnANC~ IS CONTRACT: That the provisions 0'1' this ordinance shall constitc:te a contraot 'cec~',Jeen the City and ths hclder or holders from time to time of ,the bo~ds~ and after the r , . . . issuance of any of said Bonds~ no change~ variatioD3 or altera- tion of any kind in the provisions of this ordinance Day be made until all o~ said Bonds have been paid in full as to both princi- pal and interest. SEC~'ION ll~: ~~PPEOVj\L AiJD REGJB TRATION DF BONDS BY STATE OFFICERS: That it shall be the duty of the Mayor to submit the record of said Bonds and the Bonds to the ~ttorney General of the State of Texas for exrunination and approval~ and thereafter to have such Bonds registered by the CODptroller of Public Accounts of the State of Texas. SECTION l5~ SALE OF EOt~S: That the sale of said Bonds to M. E. ALLISON & CO., INC. SAN ANTONIO, TEXAS at a price eC:-::'21 to -;-:;1".:e ~J::':incipal amount thereof plus accl"ued interest therecn f~on the Q2te thereof to the date of actual delivery, subj ect to tl1.e '~.:L.:lQualii.ied approving opinion as to the legality of said Bonds ~y 0~C Attorney General of the state of Texas and ~uuas~ HugueDi~ ~~d E20thjlanj Attorneys, D~llas~Texas3 is hereby authorized$ app~oved5 ~atified and confir~ed. When said Bonds have been approved ~y said Attorney General and regis- tered by the Comptrolle~ of Putl~c Accounts of the State of Texas" they shall be dGl:i.v0::'ed .::) the purchasers c_p:, receipt of the full purchase price. ::::~~C'TIOI\J 2-6: DUTIES C)l;"l CITY OFFIG'.2:RS: Tha t the ,ayor, the City 8c~retary~ and other appropriate officials 0: the City are here~y authorized and directed to do any and all thin~ necessary or sonvenient to carry out the provisions of this ordinance. '"~_',:'IOH 17: ~~l','~RGENCY" The publiC importance of t>is meaSU1"8 :; :~ the fact t~at it is to the best interest of the City . t ~~ . 4J . to provide funds for the purpose designated by the issuance and delivery of the bonds authorized by this ordinance at the earliest possible date, for the iDmediate f~eservation of the public peace, property, health and safety of the citizens of the City of Schertz, constitute and create an emergency and an urgent public necessity requiring that this ordinance be passed ~nd take effect and be in force immediately from and after its passage. PASSE:;) AND APPROVED, this the 15r:&..day of April, 1964 S:2xas .ATTEST: City sedtfi/i;:c;i:ofc,~rtz, Texas (City Seal) -j ~O;;'.