Min CC 01/22/1981 CIBO LO CITY OD UNCIL MINUTES - JANUARY 22, 1981
1. CALL TO ORDER: John A.Sippel, Mayor - 7:00 p.m.
2 . QUORUM CHECK: John Sippel, Jo Nirider, Marge Smith, Bill Wiederstein, Sig Swenson,
Gerald Thurman;
Chief of Police Jeronimo Marin,Jr.; Barbara Glenewinkel, Secretary.
3. INVORATION: Jo Nirider
4. MINUTES: Jo Nirider (Bill Wiederstein) moved the minutes for the January 8,
1981 meeting be approved as read. All -approved.
5. OLD BUSINESS: Mr. Sippel reported the John Boehm/Bob Dale building ;'permit request
has again been turned over to the lawyer, due to the fact that it
was a joint requirement from the lawyer and only John Boehm met the
requirements .
6. NEW BUSINESS: A. PARK COMMISSIONER
Mayor Sippel nBportea his meeting with Fred #iemietz, concerning
the management of the park. Mr. Niem-ietz had a few requests of the
City. They. are:
1. Park funds be put into park account .
2. City Employee when needed to mow park w/ tractor
3. Use of 2 or more helpers w/ park work
4. Theft be the responsibility of whomever rents the park facilities.
5. The charges for park rental be refigured due to increase in
utility charges .
6. Garbage pickup
Mayor Sippel and Council discussed the purchase of a riding lawn mower
and the installation of an umbrella for the tractor. Sig Swenson will
check into prices for new lawn mower.
The Council requested a monthly park report and an audit of park books,
when the city books are audited.
There was no further discussion on the matter.
B. CABLE TV ADVISORY BOARD
Councilmember Nirider gave a report on the Advisory Board meeting
on January 14, 1981. She reported that Sandy Schlather plans to
resign her position as the City's representative to the advisory
Board. She reported that the public channel that the area cities
have access to should be utilized and if not it may be taken over
by the Cable TV co . and used as a commercial channel.
She also asked if the City would be able to send out the minutes
to the board members; it was agreed that this would still be done,
when Cibolos turn arrives.
C. TRAFFIC PROBLEM ON F.M. 78
The possibility of a turning lane from Cibolo City Limits at the
Dietz Creek Bridge -to F.M. 1103 was discussed. Police Chief Jerry
Marin discussed the accidents on this stretch of road with the
Council. Barbara was instructed to write the District Engineer
requesting a study done on this possibility. Also, a Plant Entrance
sign for Timber Tech, Inc . was discussed and will be included in the
request to the District Engineer.
D. "LAVE NIA CITY COUNCIL VISIT
Mayor Sippel reported on the visit to Cibolo's new subdivision by the
Lavernia City Council on Wednesday January 21. Lavernia is interested
in the same type of housing in a subdivision project for Lavernia and
the Council was impressed by the houses and the developments in
general.
D. The f-oossibility of having bonds required for the moving of older
homes into the ciyt limits was discussed. The houses discussed were
the two moved in on Haeckerville Rd., which of course in not in the
city limits but in the ETJ.
E. The Possibility of changing the court date for the Cibolo Municipal
• Court was discussed. The Council is in favor of this and a date will
be decided between the Judge and City Hall. This change of court date
is due to the fact that the City Attorney has a jpri.or commitment to
the City of Windcrest on the same court night as Cibolo .
F. GARY WEAVER - TIMBER TECH, INC. DAY
The Council decided to honor Gary Weaver, _(General Manager of Timber
Tech, Inc) and Timber Tech, Inc . on Saturday Feb. �) 1981 for their
contribution to the economy and development of Cibolo .
COUNCIL MINUTES CONTINUED, JANUARY 22, 1981
G. Mayor Sippel requested the Council decide on what they feel
the priorities for the City should be - either streets, water
line extension, etc. 3 this is for future discussion.
7. BILLS TO BE APPROVED: Marge Smith (Jo Nirider) moved the bills be approved for
payment. All approved.
8. ADJOURNMENT: 9:25 p .m. by Mayor Sippel.
c
J A SIPPEL, YOR
BARBARA L. GLENEWINEEL, CITY SECRETARY
s
EASEMENT DEED WITH VENDOR ' S L I FN
FROM : TIMBER TECH INC .
TO : THE CITY OF CIBOLO
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS : ,
COUNTY OF GUADALUPE X
That TIMBER TECH INC . , a Texas corporation , acting by and through
r
its duly authorized officer , of the County of Guadalupe , and State of
Texas , for and in consideration of the sum of TEN AND NO/ 100 DOLLARS
( $ 10 . 00) and other valuable consideration to the undersigned paid by
the grantee herein named , the rnceipt of which is hereby acknowledged ,
and the further consideration of the execution and delivery by grantee
Of its one certain Obligation Bond of even date herewith in the prin-
cipal sum of FORTY-ONE THOUSAND FOUR HUNDRED FORTY-ONE AND 24/100 DOL-
LARS ( 041 , 441 . 24 ) payable to the order of TIMBER. TECH I1C , at its
office in Cibolo , Guadalupe County , Texas , as therein provided and
bearing interest at the rates therein specified and providing for
acceleration of maturity in event of default , the payment of which
bond is secured by the Vendor ' s Lien herein retained , has GRANTED, SOLD
and COIIVEYED , and by these presents does GRANT , SELL and CONVEY unto
THE CITY OF CIGOLO , a municipal corporation organized under the general .
laws of the State of Texas , of the County of Guadalupe , State of Texas ,
a'll of the following described property in Guadalupe County , Texas , ,to-wit :
1
BEII,'G a sewer pipeline , heinq twelve inches ( 12") in diameter and be-
ginning at a point in the South rinht -of-way line of Farm Road 7R ,
Guadalupe County , Texas , approximate y 31f feet Cast from the inter-
section of Farm Road 1103 and Fara Pond 7" , and continuing Easterly
approximately 3 , 13 ' feet , ending at a point in the South right-of-way
line of Farm Toad 79 , ad japent to Tinber Tech Inc . premises which are
approximately 3 , 400 feet Cast of the City of Cibolo City Hall .
T✓ HAVE AMD TO HOLD the aLove-described premises , together with , ,
all and singular , the rights and appurtenances thereto in anywise be-
lone; i n j unto the said gra''ntee , i is sr.1ccessors and assigns forever ; and
it does hereby bind itself , its successors and assigns , to WARRANT AND
FOREVER DEFEND , all and singular , the said premises unto the said grantee ,
its successors and assigns , against every person whomsoever lawfully
• claiming or to claim the same or any part thereof .
=�Y
But it is expressly agreed that the Vendor ' s Lien is retained
against the above-described property , premises and improvements until
the above-described Obligation Bond and all interest thereon are fully
paid according to the face , tenor , effect and reading thereof , when
this Deed shall become absolute .)
EXECUTED on this the , T` day of September , 1978 ,
TIMBER TECH INC .
v
BY
i
THE STATE OF TEXAS X
COUNTY OF GUADALUPE X
BEFORE HE , the undersigned authority , on this day personally
appeared (-rh 1/IC,EJE5112r=Nf
of TIMBER TECH INC . , known to me to be the person and officer whose
name is subscribed to the foregoing instrument , and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed , and in the capacity therein stated as the act and
deed of said corporation .
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 417t� day of September ,
Notary Public in and for Guadalupe
County , Texas
Hy coma i s s i on expires-
February
xpiresFebruary 5, 1981
The undersigned hereby acknowledges that the Obligation Bond and the Easement Deed with Vendor'-E
Lien between the City of Cibolo and Timber Tech, Inc . has been paid in full, both principal and
interest, and Timber Tech, Inc . hereby releases the City of Cibolo of any further obligations.
All Bond Obligations and the Vendor' s Lien are hereby released and considered paid in full and
said sewer line becomes the sole ownership of the City of Cibolo .
February 5, 1981
TLABER-TECH, ITT C.
by
GARY WFIVER, VICE- PRESIDENT
TIMBER TECH, INC.
a`
Y
THE STATE OF TEXAS
COUNTY OF GUADA LUPE
BEFORE ME, the ,-ndersigned authority, on this day personally appeared
jng '
of TIMBER TECH, INC., known to me to be the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, and
in the capacity therein stated as the act and deed of said corporation.
GIVEN NDER MY HAND. AND SEAL OF OFFICE THIS 5- DAY OF ^J�
l`li;l
1.1,1-ice- dr,ii 6/' ti..
NOTARY PUBLIC IN AND FOR GUADALUPE
COUNTY, TEXAS.
My commission expires 10-16-84
ti
OBLIGATION BOND
This Obligation is made this the ,- �/day of September , 1978 ,
between T114BER TECH INC . , Creditor , and THE CITY OF CIBOLO , Debtor,
pursuant to a Sewer Ser ice Contract and Agreement ement executed by the
4',
parties on the , . ;,qday of /Vcy , 1918 , wherein THE CITY OF CIBOLO
agreed to purchase from TIMBER TECH INC . , after certification of the ., .
cost , a sewer system as described therein , which Contract and Agreement
is attached hereto as Exhibit A.
Therefore , for value received , the Debtor , THE CITY 0F CIBOLO ,
acting by and throVgh its duly authorized officers , does promise to
pay to the order of TIMBER TECH INC . , a Texas corporation , In the City
of Cibolo , Texas , the sum of FORTY-ONE THOUSAND FOUR HUNDRED FORTY-ONE ,
AND 24/ loo DOLLARS ( $41 ,441 . 24) , plus interest at the rate of five and
one-half per cent (5- 1 /2') per annum until fully and finally paid , as ;
follows :
1 . Interest on the unpaid balance shall be applied first to that
amount due and payable monthly as it accrues , and any other interest
that is past due as the result of the provisions of this Obligation Bond ,
E "
on the same dates as the principal payments are to be due , but subject ,
however , to Paragraph Dii below , when applicable .
2 . Principal , in addition to interest payments , shall be due and
payable in monthly installments , subject' to the reversion upon default ,'
as provided for below in Paragraph E :
A. The first payment of principal shall be due and payable'
on October 1 ,- 1978 , unless the parties to this Obligation
Bond accept payment earlier , and in either case , shall
continue - regularly thereafter on the same dates •as the
original payment until fully and finally paid .
b . Prind�NpaI payments shall be made monthly equivalent to
s i xty°aper cent (60'0) of the city sa1es tax paid by TIMBER
TECH INC . to- THE CITY OF CIBOLO for the preceding month ,
subject to the permissible prepayment as described in
Paragraph F.' '
C . Should THE CITY OF CIBOLO abolish or reduce the -city sales
tax , the amount due and payable monthly shall be equivalent
to a minimum of sixty per cent (CO%) of the preceding twelve-
month average of the city sales taxes paid by TIMBER TECH
INC . to THE CITY OF CIBOLO , until the obligation , plus any
interest due and payable and any past due interest , has
been fully and -finally paid .
7 '
D . The failure of TIMBER TECH INC , to generate a city sales
tax for the preceding month shall result in the following :
( i ) negate the principal payment due until the next prin-
cipal payment shall be due according to the terms of
this Obligation Bond and subject to Paragraph E below;
and ,
( ii ) Negate the interest payments due for the month that
the principal payment is negated , but any interest
payments accrued and past due shall be payable the
next month or months and on the same date that regular
principal payment shall be due ; provided ,
( iii ) TIMBER TECH INC . may not require that any monthly
payment made exceed sixty per cent (60%) of the city
sales tax which TIMBER TECH INC . generates , regardless
of whether or not such payment shall include principal
and interest or interest only. For this purpose any
.Interest due shall be calculated first , and the remain-
der of the sixty per cent (60`x) payment , If any , shall
be considered principal .
E . It is expressly provided that if TIMBER TECH INC , fails to
generate a city sales tax in an amount sufficient to pay
any principal payment due during any consecutive twelve-
month period (after all interest payments are first deducted) ,
the entire sewer service system for which this Obligation Bond
is made and executed and entered into shall revert to THE CITY
OF CIBOLO , free and clear of any encumbrances or debt .
( i ) Additionally , Notice of any default on the part of THE ,
CITY OF CIBOLO shall be required to be given , postage
prepaid , to the address listed below for THE CITY OF
CIBOLO by TIHBER TECH INC . , should TIMBER TECH INC .
deem the City in default , in which case the City ,shall
have thirty ( 30) days from `lotice date to cure default .
( ii ) The entire indebtedness shall become due and payable
should THE CITY OF CIBOLO fail to make any monthly pay-
ment of principal or interest due on the obligation
within ninety (90) clays of the date payment is due
under the terms of this Obligation .
l
F. The City may prepay this indebtedness any time prior to
maturity without penalty .
v 3 . In amendment to Paragraph B (2) of the Agreement attached here-
with , TIHBER TECH IkC , agrees that it wiI1 pay the prevail Ing utility
rate established by 'Fill'. CITY OF CIBOLO for sewer service , as those rates
may be established from time to time by the City , and agrees to bind all
other properties held or leased or rented by TIMBER TECH INC , to any
other individuals , corporations , partnerships or other entities , to pay
the same as outlined by THE CITY OF CIBOLO , TIMBER TECH INC. acknowledges ,-
that this Sewer Agreement and the purchase of the system establishes no
proprietary right in l' li9131- R TECH I ,C . , its assigns or successors , to accept ,
reject , approve. , disapprove , - rcview or administer any function of or rate
•
-2-
f
change for the system or its trunl: lines , lateral or secondary lines .
4 . This Obligation Bond in part may have amended or altered the
original agreement , and where it has done so , the original agreement
shall be read in harmony with this particular Obligation Bond , or in
conjunction therewith , wherein the modification or amended language
shall prevail .
Payment hereof is secured by a Vendor ' s Lien retained in Deed of
even date herewith covering the following described property , to-wit :
BEING a sewer pipeline , being twelve inches ( 1211) in diameter and be-
ginning at a point in the South right-of-way line of Farm Road 78 ,
Guadalupe County , Texas , approximately 818 feet East from the inter-
section of Farm Road 1103 and Farm Road 78 , and continuing Easterly
approximately 3 , 138" feet , ending at a point in the South right-of-way
linnet cif Farm Ito..1d 7.; , adjacenL to TIinfer Tech Inc , premises which are
approximately 3 ,1400 feet Last of the. City of Cibolo City hall ,
EXECUTED the day and year first above written .
City fia 1 1 THE CITY OF CIBOLO
Cibolo , Texas 78108
512/678-yy00
13Y : G
�l a'ynI'
ATT S :
�..� .
AGREED TO :
TIVIBER TECH INC .
Post Office Box 57
Cibolo, Texas 78108
512/658-4655
BY
ATTEST :
-3
.y
February 5, 1981
The undersigned hereby acknowledges that the Obligation Bond and the Easement Deed
with Vendor6 Lien between the City of Cibolo and Timber Tech, Inc . has been paid in
full, both principal and interest, and Timber Tech, Inc . hereby releases the City of
C7bolo of any further obligations .
All Bond Obligations and the Vendor's Lien are hereby released and considered paid
in full and said sewer line becomes the sole ownership of the City of Cibolo .
TIMBER ECH, INC. 't�Iz �
BY -ems
Y WFMR, VICE-PRESIDENT
TIMBER TECH, INC.
STATE OF TEXAS
COUNTY OF GUADALUPE
BEFORE ME, the undersigned authority, onthis day appeared
of TIMBER. TECH, INC. ,known to me to 'be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes .and consideration therein
expressed, and in the capacity therein stated as the act and deed of
said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE e- DAY OF
1981 .
Ali
NOTARY PUBLIC IN AND FOR THE COUNTY '
OF GUADALUPE, TEXAS.
Mir commission expires 10-16-84.
•
BILLS TO BE APPROVED - JANUARY 22, 1981
TELEPHONE
SO L12HWESTERN BELL TEL. CO. BILL 35.00
CITY HALL
AURIC UNITED COPY CORP. COPIES 5.00
WOESTS GROCERY SUPPLIES 7 .19
DUES
TEXAS MUNICIPAL LEAGUE DUES (ANNUAL) 10.00
SOUTHERN BUILDING CODE CONGRESS DUES (ANNUAL) 40.00
TAX
RALPH GILES, COUNTY TAX ASSESSOR PROPERTY TRANSFERS 2 .10
GUADALUPE COUNTY APPRAISAL DISTRICT SHARE OF COST 1.9471.72
(Can be paid by installments)
POLICE
CITY OF SCHERTZ GASOLINE 152 .12
CITY OF SCHERTZ DISPATCHER. 150.00
UNIVERSAL CITY CUSTOM UPHOLSTERY FRONT & BACK SEAT COVERS
FOR POLICE CAR 75.00
S.A.F.E.S.
CITY OF SCHERTZ - S.A.F.E.S. 2 CALLS @ 35.00 70.00
WATER & SEWER
GREEN VALLEY WATER SUPPLY CORP. PURCHASED WATER
11/20/80-12/18/80 36.46
G.A.POWERS WATER DEPT . SUPPLIES 697.38
SALARIES
Jan. 2 - Iva Amacker $158.00
Jan.16 - Iva Amacker 178.65
Ja'h.16 - Greg Russell 79.25
Jan. 23- Greg Russell 96.19
Dec . 26-Jeronimo Marin 719.59
Dec . 26-Barbara _CELenewinkel 419.35