2006F35-Municipal Utility District
ORDINANCE NO. 06-F-35
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS
ABOLISHING SCHERTZ MUNICIPAL UTILITY DISTRICT
NO. I AND DECLARING AN EMERGENCY
WHEREAS, Schertz Municipal Utility District No. I (the "District") was created by Acts
2005, 79th Leg., ch. 445; and
WHEREAS, the District was at the time of its creation and is currently entirely within the
municipal boundaries of the City of Schertz, Texas, has never held its organizational meeting,
owns no property or other assets, and has no outstanding obligations; and
WHEREAS, as evidenced by the petition attached hereto as Exhibit A, the owner of all
the land within the District has asked the City to abolish the District pursuant to the provisions of
Sec. 43.074, Local Government Code, as amended.
NOW THEREFORE, IT IS HEREBY FOUND BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
1. the Board of Directors of the District has never held an organizational meeting; and
2. the District owns no property or other assets; and
3. the District has no outstanding obligations of any kind; and
4. the District is no longer needed; and
5. the abolition of the District is in the best interest of the residents and property in the
municipality and the District.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
1. Pursuant to the authority granted by Sec. 43.074, Local Government Code, as
amended, Schertz Municipal Utility District No. 1 is hereby abolished.
2. This Ordinance shall be filed in the Official Records of Bexar County, Texas and with
the Executive Director of the Texas Commission on Environmental Quality.
3. By vote of not less than two-thirds of the members of the City Council present at the
meeting at which this Ordinance was first considered, the City Council has determined that an
emergency exists which requires immediate action, and this Ordinance is hereby adopted on a
single reading and shall be effective from and after its final passage and any publication required
by the City of Schertz.
20163114.3
PASSED, APPROVED AND ADOPTED this the ~25th d"Y of hdZ.. t
(SEAL)
By:
Mayor, City of Schertz, Texas
ATTEST:
20163114.3
~~v
, City of Schertz, Texas
-2-
EXHIBIT A
PETITION
See Attached
20163114.2
PETITION FOR ABOLITION OF
SCHERTZ MUNICIPAL UTILITY DISTRICT NO.1
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
The undersigned (the "Petitioner"), constituting all of the owners of the land within the
boundaries of Schertz Municipal Utility District No. 1 (the "District"), respectfully requests the
City Council of the City of Schertz, Texas to abolish the District, and, in that connection,
Petitioner certifies that:
1. There are no residents within the District.
2. The District has no outstanding bonds, warrants or obligations of any kind.
3. The District owns no property.
4. The Board of Directors of the District have never held an organizational meeting.
WHEREFORE, premises considered, Petitioner respectfully requests that this Petition be
heard and that the City Council duly pass and approve an ordinance, pursuant to the authority
granted by Sec. 43.074, Local Government Code, abolishing Schertz Municipal Utility District
No. 1.
RESPECTFUllY SUBMITTED this 28th day of June, 2006.
PETITIONER:
SCHERTZ 1518, LTD., a Texas limited partnership
By: Schertz 1518 Development Co., LLC, a
Texas limited liability company, general
partner
By:
Gunn & Whittington Development
II, L.L.C., a Texas limited liability
company, as Member and Co-
Manager
By:
B&1!~,~
By:
Co-Manager
ACKNOWLEDGMENTS
STATE OF TEXAS ~
~
COUNTY OF TRAVIS ~
This instrument was acknowledged before me this 28th day of June, 2006 by Bradley D.
Whittington, Manager of Gunn & Whittington Development II, L.L.C., a Texas Limited Liability
Company, as Member and Co-Manager of Schertz 1518 Development Co., LLC, a Texas limited
liability company, general partner, on behalf of Schertz 1518, Ltd., a Texas limited partnership.
[SEAL]
WARREN STIGALL
lIOTmP\IBUCST~lEOFTEXAS
CO.IISSIOI UPtRE!:
AUGUST 13. 2007
w~
Notary Public, State of T
l\)ftil.tt., . \ Sf::! ~. u
Printed or Stamped Name of Notary
STATE OF TEXAS ~
~
COUNTY OF TRAVIS ~
This instrument was acknowledged before me this 28th day of June, 2006 by Larry L.
Aiken, President of JWD Management Corporation, a Texas corporation, as Member and Co-
Manager of Schertz 1518 Development Co., LLC, a Texas limited liability company, general
partner on behalf of Schertz 1518, Ltd., a Texas limited partnership.
[SEAL]
WARReN STIGALL
HOTARYPUlUCSrmOFTEX.\S
CO.IISSION UPIRES:
AUGUST 13. 2007
i0~J i:1:VH.L-
Printed or Stamped Name of Notary
-2-
ORDINANCE NO. 06-F-35
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS
ABOLISHING SCHERTZ MUNICIPAL UTILITY DISTRICT
NO. I AND DECLARING AN EMERGENCY
WHEREAS, Schertz Municipal Utility District No. I (the "District") was created by Acts
2005, 79th Leg., ch. 445; and
WHEREAS, the District was at the time of its creation and is currently entirely within the
municipal boundaries of the City of Schertz, Texas, has never held its organizational meeting,
owns no property or other assets, and has no outstanding obligations; and
WHEREAS, as evidenced by the petition attached hereto as Exhibit A, the owner of all
the land within the District has asked the City to abolish the District pursuant to the provisions of
Sec. 43.074, Local Government Code, as amended.
NOW THEREFORE, IT IS HEREBY FOUND BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
I. the Board of Directors of the District has never held an organizational mceting; and
2. the District owns no property or other assets; and
3. the District has no outstanding obligations of any kind; and
4. the District is no longer needed; and
5. the abolition of the District is in the best interest of the residents and property in the
municipality and the District.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
1. Pursuant to the authority granted by Sec. 43.074, Local Government Code, as
amended, Schertz Municipal Utility District No. 1 is hereby abolished.
2. This Ordinance shall be filed in the Official Records of Bexar County, Texas and with
the Executive Director of the Texas Commission on Environmental Quality.
3. By vote of not less than two-thirds of the members of the City Council present at the
meeting at which this Ordinance was first considered, the City Council has determined that an
emergency exists which requires immediate action, and this Ordinance is hereby adopted on a
single reading and shall be effective from and after its final passage and any publication required
by the City of Schertz.
20163114.3
PASSED, APPROVED AND ADOPTED this the ~25th day ofT" 2...{'4 t
(SEAL)
By:
Mayor, City of Schertz, Texas
ATTEST:
~~v
, City of Schertz, Texas
20163114.3
-2-
EXHIBIT A
PETITION
See Attached
20163114.2
PETITION FOR ABOLITION OF
SCHERTZ MUNICIPAL UTILITY DISTRICT NO.1
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
The undersigned (the "Petitioner"), constituting all of the owners of the land within the
boundaries of Schertz Municipal Utility District No.1 (the "District"), respectfully requests the
City Council of the City of Schertz, Texas to abolish the District, and, in that connection,
Petitioner certifies that:
1. There are no residents within the District.
2. The District has no outstanding bonds, warrants or obligations of any kind.
3. The District owns no property.
4. The Board of Directors of the District have never held an organizational meeting.
WHEREFORE, premises considered, Petitioner respectfully requests that this Petition be
heard and that the City Council duly pass and approve an ordinance, pursuant to the authority
granted by Sec. 43.074, Local Government Code, abolishing Schertz Municipal Utility District
No. 1.
RESPECTFULLY SUBMITTED this 28th day of June, 2006.
PETITIONER:
SCHERTZ 1518, LTD., a Texas limited partnership
By: Schertz 1518 Development Co., LLC, a
Texas limited liability company, general
partner
By:
Gunn & Whittington Development
II, L.L.C., a Texas limited liability
company, as Member and Co.
Manager
By:
fu~!~~g<,
By:
Co-Manager
ACKNOWLEDGMENTS
STATE OF TEXAS ~
~
COUNTY OF TRAVIS ~
This instrument was acknowledged before me this 28th day of June, 2006 by Bradley D.
Whittington, Manager of Gunn & Whittington Development II, L.L.C., a Texas Limited Liability
Company, as Member and Co-Manager of Schertz 1518 Development Co., LLC, a Texas limited
liability company, general partner, on behalf of Schertz 1518, Ltd., a Texas limited partnership.
[SEAL]
WARREN STIGALL
lIOTARY P\IBUC STm OF TEXAS
COIIISIIOIUPlRE':
AUGUST 13. 2007
w~
l\)~ ~\ S'{.3:t.u
Printed or Stamped Name of Notary
STATE OF TEXAS ~
~
COUNTY OF TRA VIS ~
This instrument was acknowledged before me this 28th day of June, 2006 by Larry L.
Aiken, President of JWD Management Corporation, a Texas corporation, as Member and Co-
Manager of Schertz 1518 Development Co., LLC, a Texas limited liability company, general
partner On behalf of Schertz 1518, Ltd., a Texas limited partnership.
[SEAL]
WARREN STIGALL
HOTARYPUlUCsrmOF!EXAS
COIIISSIO" EXPIRE.:
AUGUST 1;3. 2007
i0~ J r:t-!klL
Printed or Stamped Name of Notary
-2-