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ORD 111 06/06/1974 • • r o C/C of Ordinance- - - City of Cibolo4111 p VOL 486 PAGE 125 / z ( ov MINUTES RELATING TO ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, AND WEST GUADALUPE COUNTY UTILITY DISTRICT THE STATE OF TEXAS X 3216 COUNTY OF GUADALUPE -X CITY OF CIBOLO ON THIS, the 6th day of June, 1974, the City Council of the City of Cibolo, Texas, convened in regular session, at the regular meeting place thereof in the City Hall, the meeting being open to the public and notice of said meeting having been given as prescribed by Article 6252-17, Section 3A, V.A.T.C.S., there being present and in attendance the following members, to wit: F. S. SCHLATHER MAYOR EDWARD LING ) MRS. ALWIN LIECK ) FRED NIEMIETZ ) ALDERMEN MARGE SMITH and LINDA N. LING CITY SECRETARY and with the following absent: TED DYKES constituting a quorum; and among other proceedings had were the following: Mayor Schlather introduced a proposed ordinance, which was read in full . Alderman LIECK made a motion that any rule requiring ordinances to be read at more than one meeting be suspended. The motion was seconded by Alderman MARGE SMITH and carried by the following vote: AYES: Aldermen Ling, Lieck, Niemietz, and Smith. NOES: None. Alderman FRED NIEMIETZ made a motion that said ordinance by finally passed and adopted. The motion was seconded by Alderman EDWARD LING and carried by the following vote: AYES: Aldermen Ling, Lieck, Niemietz, and Smith. NOES: None. The Mayor announced that the ordinance had been finally passed and adopted. The ORDINANCE is as follows: • , 410 411 • VOL 486 PAGE . 6 ORDINANCE NO. 111 AN ORDINANCE by the City Council of the City of Cibolo, Texas , relating to the West Guadalupe County Utility District, making the provisions of Article 1182c-1, VOAOTOCOS , , appli- cable to such City with regard to said utility district, making pro- vision for the assumption of bonds and indebtedness of said District, enacting other provisions incidental and related to the subject and purpose of this ordinance, and declaring an emergency. WHEREAS , the Guadalupe County Water Control and Improve- ment District Number One was originally created and established by the Commissioners Court of Guadalupe County and such District thereafter issued bonds known as "GUADALUPE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER ONE WATERWORKS TAX AND REVENUE BONDS" dated June 1, 1950, and "GUADALUPE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER ONE BONDS," dated April 15, 1964, and both series of bonds were approved by the Attorney General of Texas, registered by the Comptroller of Public Accounts and were sold and delivered and some of the bonds of said issues are now outstanding and unpaid, and WHEREAS , by reason of the provisions of House Bill No. 555, as adopted by the 62nd Legislature, Regular Session, 1973, the name of the Guadalupe County Water Control and Improvement Dis- trist Number One was changed so as to be known as the "WEST GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT" and such change in name was effected without changing the boundaries of such Dis- trict and additionally said law made provision for the said Dis- trict to have sewer powers , and WHEREAS , following the creation and establishment of the WEST GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT (under its former name) the City of Cibolo was incorporated, the same having been accomplished as the result of an election held on the 28th day of August of 1965, and WHEREAS , the boundaries of the City of Cibolo, Texas, have now been extended so as to encompass the entire territory contained within the West Guadalupe County Utility District, and WHEREAS , the governing body of the City of Cibolo has determined that it is to the best interest of the inhabitants of the City to make provision for the abolition of the said Utility District, it being the intent of the City that the functions formerly performed by the Utility District would be assumed by the City of Cibolo; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS : 1 VOL 486 PAGE 16.7 SECTION 1: The recitals and findings contained in the preamble hereof are found to be true and are adopted as a part of the judgment of the governing body of the City of Cibolo, Texas . SECTION 2; Pursuant to the provisions of Article 1182c-1, V,A,TOCOSo , and particularly Section 6 of said law, it is hereby found and determined that: (i) the City of Cibolo is now incor- porated and exists as a municipal corporation of the State of Texas and includes within its boundary all of the territory con- tained within the boundaries of the West Guadalupe County Utility District ; (ii) this ordinance is adopted by a vote of two-thirds of the entire membership of the governing body of the City of Cibolo; (iii) the provisions of Article 1182c-1 are hereby made applicable to such city or town and particularly with respect to the West Guadalupe County Municipal Utility District. SECTION 3 : The City of Cibolo shall take over all proper- ties and assets and shall assume all debts , liabilities and obli- gations of the said 'Utility District, and the City shall perform all functions and services of such District. SECTION 4: The 6th day of June , 1974, is hereby designated as the date upon which the City of Cibolo shall take over, shall assume all debts and liabilities of said District and on such date the West Guadalupe County Municipal Utility District shall be abolished. SECTION 5 : The City of Cibolo hereby specifically recognizes that upon the dissolution of the said Utility District, the City of Cibolo will be obligated to pay the principal of and interest on the obligations of the Utility District which are mentioned in the preamble of this ordinance. SECTION 6 : That to provide for the payment of the debt service requirements on the outstanding and unpaid obligations of the West Guadalupe County Municipal Utility District, being (i) the interest on said obligations and (ii) a sinking fund for their redemption at maturity or a sinking fund of 27 (which- ever amount shall be greater) , there shall be and there is hereby levied for the current year and each succeeding year thereafter while said obligations or interest thereon shall remain out- standing and unpaid, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such debt service requirements, full allowance being made for delin- quencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the said debt servicerequirements , and the same shall not be diverted to any other purpose. The Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient for such obligations , it having been determined that the existing and avail- able taxing authority of the City for such purpose is adequate, together with the net revenues of District' s System to be acquired, to permit a legally sufficient tax in consideration of all other outstanding obligations of the City. 1. .8 .ik .. .. L 4110 • • • . • • SOL 6 ' �128 SECTION 7 : The fact that it appears to this governing body that the services and functions performed by the West Guadalupe County Utility District may be performed more economically by the City of Cibolo and the further fact that the abolition of the said Utility District and the assumption of its functions by the said City of Cibolo would reduce the required expenditures of. public funds , create an emergency and imperative public necessity requiring that this ordinance be passed as an emergency measure in order that the benefits of the Article hereinabove recited may be made applicable to the City of Cibolo, and any rule requiring this ordinance be read at more than one meeting of this governing 1 body is hereby suspended and this ordinance shall take effect and. be in force from and after its passage and it is so ordained, PASSED AND APPROVED, this the 6th day of June , 1974 , 7Atf Attest: Mayor, City of Cibolo, Texas z 0) (-7 .4-27-r( 7, 5t t / •ecretdr ';• C&tyV Cibolo, Texas 1,reGp` • • • . . 'r • • • • • VOL 486 PALE 129 CITY SECRETARY'S CERTIFICATE THE STATE OF TEXAS x COUNTY OF GUADALUPE x CITY OF CIBOLO I, the undersigned, City Secretary of the City of Cibolo, Texas , DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of an ordinance adopted by the City Council of the City of Cibolo, Texas, on the 6th day of June 1974, relating to the West Guadalupe County Utility District, and said ordinance isduly recorded in the Minutes of said City Council. I FURTHER CERTIFY that the said ordinance was passed at a meeting open to the public and notice of such meeting was given in advance thereof in such manner as to be in compliance with the provisions of Article 6252-17 , Section 3A, VOAOTQC,S . IN WITNESS WHEREOF, I have hereunto signed my name offi- cially and affixed the seal of said City, this the 6th day of June , 19740 f. Ci Secreta, n--71 n '` City of Cibolo, Texas (City .Seal-) ' r,r,rrt,r "• - • i=. t., iJ • ., • ' ii Jr '' • '' • IP VOL 486 PAGE 130 CERTIFICATE OF COUNTY CLERK THE STATE OF TEXAS 1 I COUNTY OF GUADALUPE I I, the undersigned, County Clerk of Guadalupe County, Texas , DO HEREBY CERTIFY that on the r day of 94vn_u , 1974, a certain instrument entitled "Ordinance accepting pro- visions of Title 28, Texas Revised Civil Statutes of 1925, as I amended, relating to cities and towns" was filed in my office and that on the /2_ day of2 , 1974, said instru- ment was recorded in the Deed Record of Guadalupe County, Texas, and that the same is of record in Volume 4/g6 , page /,qcs`-...fo TO CERTIFY WHICH WITNESS MY OFFICIAL SIGNATURE AND SEAL, this the /7 day of9,/_.),/__e_, , 19740 -FRANK-SCHMIDT County Clerk, ' • r; _ Guadalupe County, Texas (Clerk' s Seal) N I /) ' 4