HomeMy WebLinkAboutHistorical Documents 1983-1984HISTORICAL DOCUMENTS
1983-1984
CITY OF GEORGETOWN
AN ORDINANCE PROHIBITING THE PARKING OF TRUCKS, TRAILERS,
MOTOR HOMES AND OTHER LARGE VEHICLES UPON CITY STREETS
WITHIN A RESIDENTIAL DISTRICT; PROHIBITING THE PARKING OF
TRUCKS, TRAILERS, SEMI -TRAILERS, BUSSES AND OTHER LARGE
VEHICLES UPON PROPERTY WITHIN A RESIDENTIAL DISTRICT;
PROHIBITING PARKING ON ANY STREET FOR THE PURPOSE OF SALE
OR REPAIR; PROHIBITING PARKING COMMERCIAL VEHICLE OVERNIGHT
ON ANY CITY STREET; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
THE IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES; PROVIDING
A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING
ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS.
Section : Words and terms used in this ordinance shall have the meaning
assigned by The Uniform Act Regulating Traffic on Highways, Article 67014
Vernon's Anrotated Civil Statutes.
Section 2: No person shall stop, stand or park a commercial vehicle
with a manufacturers rated carrying capacity greater than one ton, a truck,
truck tractor, road tractor, trailer, semi -trailer, pole trailer, house
trailer, travel trailers camper trailers boat trailers motor home, bus, or
special mobile equipment upon any street or public right of way within or
adjacent to any residential district of the City of Georgetown, except as
follows:
(a) While expeditiously loading or unloading passengers, freight,
materials, or merchandise;
(b) While effecting emergency repairs when a vehicle is so disabled
as to render it unsafe to proceed further;
(c) Vehicles and equipment engaged in street construction, main-
tenance and repair, or the construction maintenance or repair of
public service utilities; or
(d) Vehicles serving as emergency vehicles.
Section 3: No person shall stop, stand or park a truck tractor, road trac-
tor, semi -trailer, bus, or a trailer or truck with a manufacturers rated carry-
ing capacity in excess of one and one half tons or of a gross vehicle weight of
nine thousand (9,000) lbs, or more upon any property within a residential dist-
rict except for the purpose of expeditiously loading or unloading passengers,
freight, or merchandise. This section shall not apply to church, school, nursing,
or retirement home busses parked upon property owned by such institutions,
�i3-tS�4a�,t
Section 4: No person shall park a vehicle upon any street or sidewalk for
the purpose of:
(a) Displaying such vehicle for sale;
(b) Washing, greasing or repairing such vehicle except emergency repairs.
Provided further that emergency repairs shall consist only of such
repairs as are necessary to enable such vehicle to be safely
removed from the streets either under its own power or by
towing.
Section 5: No commercial vehicle shall be parked and left overnight
upon any public street or public way in the City.
Section b: Any vehicle found stopped, standing or parked in violation
of any provision of this ordinance shall be subject to be removed and im-
pounded at the owners expense.
Section T: Any person violating any provision of this ordinance shall be
guilty of a misdemeanor and upon conviction shall be fined not less than fifty
dollars nor more than two hundred dollars.
Section 8: Should any portion of this ordinance be held invalid such hold-
ing shall not affect the validity of the remaining portions and the City
Council hereby declares that it would have passed such remaining portions de-
spite such invalidity.
Section 9: All ordinances or parts of ordinances in conflict herewith are
expressly repealed.
Passed on
the
first reading on
the
1_ 4 thday
of
June
1983.
Passed on
the
second reading on
the
12.,�h..
day of
July
, 1983.
John Doerfler, ayor
ATTEST:
City Secretary
APPROVED:
Joe McMaster, City Attorney
a-
CITY COUNCIL
THE CITY OF GEORGETOWN
The City of Georgetown City Council recommends that the request listed
below be APPROVEDAMINA"M
APPLICANT Jo Ella Simon
LOCATION 104 & 106 W. 8th Street
1. Preliminary Plat
2. Final Plat
3. Variance for requirement of two (2) off-street parking spaces.
4. Abandonment
5•
Other
u ._
WITNESS OUR HANDS this 12th„ day of J
YOR, CITY COU IL
ITY OF GEORGETOWN
G>y oC C ecxcl
ICISS
&F
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF GEORGETOWN BY ADDING SECTIONS 14.2031 AND 14.2032;
PROVIDING FOR ADDITIONAL NOTICE OF HEARINGS ON REQUESTS
FOR SPECIAL PERMITS OR CHANGES IN THE REGULATIONS OR
DISTRICT MAP BY REQUIRING THE PLACING OF SIGNS ON
PROPERTY FOR WHICH SUCH A SPECIAL PERMIT OR CHANGE IN
THE REGULATIONS OR DISTRICT MAP IS REQUESTED AND
PROVIDING FOR THE PLACING OF SAID SIGNS ON SAID
PROPERTY NOT LESS THAN 15 DAYS PRIOR TO SUCH HEARING
AND THE TYPE OF SIGNS AND INFORMATION TO BE PLACED
THEREON, AND PROVIDING A PENALTY FOR INTERFERENCE WITH
SAID SIGNS AND FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, that the Zoning Ordinance of the City of Georgetown is
hereby amended by adding Sections 14.2031 and 14.2032 which read
as follows:
14.20 31. In addition to any other notices required, the
applicant for a Special Permit or a change in the Regulations or
District Map shall place on the property for which such Special
Permit or change is applied a sign or signs as herein required
for the purpose of further advertising the hearing as hereinabove
required. Such signs shall be placed on the property involved
not less than fifteen (15) days before the date set for said
hearing, shall be no smaller than eighteen inches (18") wide by
twenty-eight inches (280) long and shall display the current
classification of the property and the classification sought, and
the date, time and place of the Planning and Zoning Commission
hearing along with such other information as may be determined
necessary by the Director of Planning. All such signs must be
placed within ten feet (101) of each property line paralleling
all established or proposed city streets, must be visible from
that street and must be spaced at not more than three hundred
foot ( 300') intervals. All required signs shall remain on the
property until after final action by the City Council on the
applicant's request but shall be removed by the applicant not
later than five (5) days after such final action. Applicant
shall use best efforts to maintain posting for a period of
fifteen (15) days prior to the date of the first public hearing.
Applicant shall notify the Director of Planning of destruction
or removal of said signs by vandals or by other causes beyond
applicant's control, upon becoming aware of such damage,
destruction or removal. When it becomes apparent that due public
notice has been given, in whatever legal form, but it also
appears that such signs have not been posted for a continuous
period of fifteen (15 ) days prior to the first scheduled public
hearing but were first posted within the time set out herein, t h e
hearing may not be postponed due to lack of posting.
14.2032. Any person who, without authority, intentionally,
knowingly or recklessly removes, damages, destroys, or tampers
with any sign placed on property as required by the above
sections shall be guilty of a misdemeanor and upon conviction
shall be fined not less than Fifty Dollars ($50.00) nor more than
Two Hundred Dollars ($200.00).
Should any portion or section of this ordinance be held
invalid such holding shall not affect the validity of the
remaining portions or sections and the City Council hereby
declares that it would have passed such remaining portions or
sections despite such invalidity.
READ, PASSED and APPROVED on first reading this 12th day of
July , 1983.
READ, PASSED an d APPROVED on second and final reading this
21th day of July , 1983.
JOHN C. DOERFLER, MAYOR
ATTEST:
CITY SECRETARY
APPROVED:
CITY ATTORNEY
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE
CITY OF GEORGETOWN BY ADDING SECTIONS 5.101 AND 5.102;
PROVIDING FOR ADDITIONAL NOTICE OF HEARINGS ON REQUESTS
FOR VARIANCES TO THE STRICT ENFORCEMENT OF THE
GEORGETOWN SUBDIVISION ORDINANCE BY REQUIRING THE
PLACING OF SIGNS ON PROPERTY FOR WHICH SUCH A
VARIANCE IS REQUESTED AND PROVIDING FOR THE PLACING OF
SAID SIGNS ON SAID PROPERTY NOT LESS THAN %> 5 DAYS PRIOR
TO SUCH HEARING AND THE TYPE OF SIGNS AND INFORMATION
TO BE PLACED THEREON, AND PROVIDING A PENALTY FOR
INTERFERENCE WITH SAID SIGNS AND FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, that the Subdivision Ordinance of the City of Georgetown
is hereby amended by adding Sections 5.101 and 5.102 which read
as follows:
5.101. In addition to any other notices required, the
applicant for a Variance to the strict enforcement of the
Georgetown Subdivision Ordinance shall place on the property for
which such variance is applied a sign or signs as herein required
for the purpose of further advertising the hearing on such
variance before the Planning and Zoning Commission. Such signs
shall be placed on the property involved not less than five (5 )
days before the date set for said hearing, shall be no smaller
than eighteen inches (18") wide by twenty-eight inches (280) long
and shall display the nature of the variance sought, and the
date, time and place of the Planning and Zoning Commission
hearing along with such other information as may be determined
necessary by the Director of Planning. All such signs must be
placed within ten feet (101) of each property line paralleling
all established or proposed city streets, must be visible from
that street and must be spaced at not more than three hundred
foot ( 300' ) intervals. All required signs shall remain on the
property until after final action by the final approving body on
the applicant's request but shall be removed by the applicant not
later than five (5) days after such final action. Applicant
shall use best efforts to maintain posting for a period of
five (5) days prior to the date of the public hearing. Applicant
shall notify the Director of Planning of destruction or removal
of said signs by vandals or by other causes beyond applicant's
eJ, oG (x#-9eA&4✓1
control, upon becoming aware of such damage, destruction or
removal. When it becomes apparent that due public notice has
been given, in whatever legal form, but it also appears that such
signs have not been posted for a continuous period of five ( 5 )
days prior to the first scheduled public hearing but were first
posted within the time set out herein, the hearing may not be
postponed due to lack of posting.
5.102. Any person who, without authority, intentionally,
knowingly or recklessly removes, damages, destroys, or tampers
with any sign placed on property as required by the above
sections shall be guilty of a misdemeanor and upon conviction
shall be fined not less than Fifty Dollars ($50.00) nor more than
Two Hundred Dollars ($200.00).
Should any portion or section of this ordinance be held
invalid such holding shall not affect the validity of the
remaining portions or sections and the City Council hereby
declares that it would have passed such remaining portions or
sections despite such invalidity.
READ, PASSED and APPROVED on first reading this "hday of
July , 1983.
READ, PASSED and APPROVED on second and final reading this
25 thday of July , 1983.
JOHN C. DOERFLER, MAYOR
ATTEST:
CITY SECRETARY
APPROVED:
CITY ATTORNEY
A
GIA4
AN ORDINANCE ESTABLISHING RATES FOR THE PLANNING AND
ENGINEERING REVIEW OF REQUESTS FOR VARIANCES TO THE
STRICT ENFORCEMENT OF THE GEORGETOWN SUBDIVISION
ORDINANCE FOR AN EXISTING VIOLATION= AND FOR THE
FURNISHING OF SIGNS FOR POSTING NOTICE OF HEARINGS FOR
SPECIAL PERMITS OR CHANGES IN THE REGULATIONS OR
DISTRICT MAP OR FOR VARIANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, that the following fee schedule shall apply:
I. Requests for Variances to the strict enforcement of the
Georgetown Subdivision Ordinance for existing violations.
At the time of submission of any request for a variance to
the strict enforcement of the Georgetown Subdivision Ordinance
for an existing violation, the person submitting such request
shall also pay a fee of $150.00 to the City of Georgetown to
defray the cost incurred for the proper review necessitated by
such request.
II. Sign Posting.
The fee for the furnishing by the City of any sign to be
posted on property as required by the Zoning Ordinance of the
City of Georgetown or the Subdivision Ordinance of the City of
Georgetown shall be Ten Dollars ($10.00) per sign payable at the
time the signs are received from the City. Upon return of said
signs to the City within the time set our for their removal by
the applicable ordinance, one-half of said fee shall be refunded
provided said signs are in good condition, reasonable wear and
tear excepted.
READ, PASSED and APPROVED on first reading the 12th day of
,Tule , 1983.
READ, PASSED and APPROVED on second and final reading the
25 th day of July , 1983.
ATTEST:
CITY SECRETARY
APPROVED:
CITY ATTORNEY
JOHN C. DOERFLER, MAYOR
19sH r
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS PRO-
VIDING THAT THE CODE OF ORDINANCES, CITY OF GEORGE-
TOWN, TEXAS, BE AMENDED BY REVISING ARTICLE 5, SECTION
16-71, Room Occupancy Tax, levy of tax; rate; exception.
BE IT ORDAINED BY THE CITY COUNCIL OF GEORGETOWN, TEXAS:
Section 1. That Article 5, Section 16-719 Room Occupancy Tax, Levy
of Tax; rate; exception, of the Code of Ordinances of the City of George-
town, Texas, be amended so that such section shall read as follows:
(a) There is hereby levied a tax upon the cost of occupancy of any
room or space furnished by any hotel where such cost of occupancy is at
the rate of two dollars ($2.00) or more per day, such tax to be equal to
seven (7) per cent of the consideration paid by the occupant of such
room, space, or facility to such hotel, exclusive of other occupancy
taxes imposed by other governmental agencies.
(b) No tax shall be imposed hereunder upon a permanent resident.
(c) No tax shall be imposed hereunder upon a corporation or asso-
ciation organized and operated exclusively for religious, charitable,
or education purposes, no part of the net earnings of which inures to
the benefit of any private shareholder or individual.
Section 2. That all ordinances or parts of ordinances in conflict
with thi� s ordnance is hereby repealed.
READ, PASSED AND APPROVED On
3
REJ)D, PASSED AND APPROVED On
t 1 7 Y3
ATTEST:
Jim Colberts City Secretary
City of Georgetown
the f i rst reading this 41-- day of
the second reading this J(Q day of
Mayor, City of Georgetown
i
4*' -4a in0'41
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS PRO-
VIDING THAT THE CODE OF ORDINANCES, CITY OF GEORGE-
TOWN, TEXAS, BE AMENDED BY REVISING ARTICLE 5, SECTION
16-71, Room Occupancy Tax, Levy of tax, rate, exception.
BE IT ORDAINED BY THE CITY COUNCIL OF GEORGETOWN, TEXAS.
Section 1. That Article 5, Section 16-71, Room Occupancy Tax, Levy
of Tax, rate, exception, of the Code of Ordinances of the City of George-
town, Texas, be amended so that such section shall read as follows.
(a) There is hereby levied a tax upon the cost of occupancy of any
room or space furnished by any hotel where such cost of occupancy is at
the rate of two dollars ($2.00) or more per day, such tax to be equal to
seven (7) per cent of the consideration paid by the occupant of such
room, space, or facility to such hotel, exclusive of other occupancy
taxes imposed by other governmental agencies.
(b) No tax shall be imposed hereunder upon a permanent resident.
(c) No tax shall be imposed hereunder upon a corporation or asso-
ciation organized and operated exclusively for religious, charitable,
or education purposes, no part of the net earnings of which inures to
the benefit of any private shareholder or individual.
Section 2. That all ordinances or parts of ordinances to conflict
with this ordinance is hereby repealed.
READ, PASSED AND APPROVED On the first reading this day of
READ, PASSED AND APPROVED On the second reading this day of
Mayor, City of Georgetown
ATTEST:
Jim Colbert, City Secretary
City of Georgetown
ORDINANCE
AN ORDINANCE VACATING AND ABANDONING AN ALLEYWAY LOCATED TO THE
SOUTH OF CERTAIN LOTS IN FLEAGER, LOTS 1, 4, 5, 8, 9, 12, 13, 161
17, 20, AND NORTH OF CERTAIN LOTS WIHTIN SAID ADDITION BEING LOTS
21 3, 6, 71 10, 11, 14, 151 18, 19, AND 22, SAID ALLEYWAY RUNNING
FROM TIMBER STREET WEST TO THE ABANDONED GNRR RIGHT-OF-WAY AND
AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FROM THE CITY
OF GEORGETOWN TO THE OWNERS OF THE PROPERTY ADJOINING SAID
ABANDONED ALLEYWAY AND PROVIDING FOR THE RESERVATION OF CERTAIN
UTILITY EASEMENTS AND THE ACKNOWLEDGEMENT OF OTHER UTILITY
EASEMENTS ON ADJOINING PROPERTY, SAID EASEMENTS BEING FOR THE
INSTALLATION, REPAIR AND MAINTENANCE OF SAID UTILITY EASEMENTS.
WHEREAS Jay L. Wolf of Georgetown, Texas, and the Roman
Catholic Diocese of Austin, are the owners of said land adjoining
the alleyway hereby abandoned, and
WHEREAS said owners have petitioned the City of Georgetown
for the abandonment of said alleyway and
WHEREAS the said alleyway has not been used by the public in
many years and, in fact, has been abandoned;
NOW, THEREFORE, BE IT ORDAINED by t h e City Council of t h e
City of Georgetown, Texas, that the alleyway lying South of Lots
1, 41 51, 8, 9, 12, 13, 16, 17, and 20 in the Fleager Addition and
lying North of Lots 2, 3, 6, 7, 10, 11, 14, 15, 18, 19, and 22 in
said Addition which is bounded on the East by Timber Street and
on the West by the abandoned GNRR East Right -of -Way being the
same is hereby vacated, closed and abandoned, except the City of
Georgetown reseves for itself the right to install, maintain,
repair and replace any water line, sewer line or other utility
line located or to be located in or upon or over the above
described tract, being said alleyway, and
BE IT FURTHER ORDAINED that such Quitclaim Deed to be
executed by the Mayor of the City of Georgetown shall contain
recitals showing that the owners of the adjoining tracts
acknowledge the existence of certain utility easements vested in
said City in such adjoining land as well as the right of the City
of Georgetown to repair, replace, remove, relocate and maintain
such existing utility lines= and
C,4 4-44a.'LA
83-2c> 1493 /
BE IT FURTHER ORDAINED, that the Mayor of the City of
Georgetown is hereby authorized and directed to execute Quitclaim
Deed on behalf of the City of Georgetown conveying all of said
City's rights, titles and interests in and to said alleyway, SAVE
AND EXCEPT the utility easements more particularly described
above aquiting to the respective property owners that portion of
the alleyway bounded by their property as provided in V. A. C.
S., Article 1016 relative to the property as follows:
Jay L. Wolf: the alleyway South of Lots 8, 9, 12, 13, 16,
1 7, 20, Fleager Addition and North of Lots 7, 10, 11, 14, 15, 1$,
19, and 22 of said addition according to the map or plat thereof
of record in Volume 22, Page 605, Deed Records of Williamson
County, Texas,
The Roman Catholic Diocese of Austin: the alleyway South of
Lots 1, 4 and 5 of Fleager Addition to the City of Georgetown and
North of Lots 21 3 and 6 of said Addition to the City of
Georgetown, Williamson County, Texas, according to the map or
plat thereof of record in Volume 22, Page 605, Deed Records of
Williamson County, Texas,
PASSED AND APPROVED on this first reading this the _I ,, day
of August, 1983, and to become effective immediately upon such
first reading as such pass is deemed to be an emergency because
its passage is necessary to preserve and protect public peace,
health, safety and the welfare of the citizens of Georgetown.
JOHN C. DOERFLER, MAYOR
CITY OF GEORGETOWN
ATTEST:
JIM COLSERP, CITY SECRETARY
APPROVED BEFORE ADOPTION:
JOE B. MCMASTER, CITY ATTORNEY
2
FIELD NOTES FOR DONALD FREDERICK P1.RRY:
THENCE, East, 99.50 feet to an iron pin set in a fence for the S.E. corner
of the said Drake tract, for the S.E. corner hereof;
THENCE, with a fence, N 0' 18' W, 264.13 feet to an iron pin act on the said
south line of 12th Street, for the N.E. corner of the said Drake tract, for
the N.E. corner hereof;
THENCE, West 96.50 feet, along the said south line of 12th Street, to the
Place of BEGINNING and containing 0.59 of an acre of land.
STATL OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUI4TY OF WILLIAMSON X
I, R. T. Magness, Jr., Registered Public Surveyor, do hereby certify that this
survey was made on the ground of the property legally described hereon and
Is correct, and that there are no apparent discrepancies, apparent conflictse
shortages in area, boundary line conflicts, encroachments, overlapping of
improvements, visible utility lines or roads in place, except as shown hereon,
and that said property has access to and from a dedicated roadway, except
as shown hereon.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County,
Texas, this the 3rd day of March. 1983, A. D.
pr
Page 2 of 2
Job No. 5-8015
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FIELD NOTES FOR DONALD FREDERICK PERRYs
BEING 0.59 of an acre of land, being a portion of Outlot 29, and Outlot 30, of
Division A of the City of Georgetown, Williamson County, Texas. Said land
also being the remainder of that certain First Tract and Second Tract of land,
conveyed to Gladys Jean Perry Drake by deed as recorded in Volume 711, Page 583,
of the Deed Records of Williamson County, Texas. Surveyed on the ground in
the month of February, 1983, under the supervision of R. T. Magness, Jr.,
Registered Public Surveyor, and being more particularly described as follows;
BEGINhIKG at an iron pin set on the south line of 12th Street, (State Highway
No. 29), being the norht line of the above -referenced Drake tract, said point
being the I.E. corner of a certain tract of land conveyed to C. J. Doering
by deed as recorded in Volume 365, Page 76 of the Deed Records of Williamson
county, Texas, for the N.W. corner hereof; said point also being East 98.00
feet from the N.W. corner of the said Drake tract;
Thence, S 0' 21' W, 264.13 feet to an iron pin set on the south line of the
said Drake tre *, for the S.E. corner of the said Doering tract, for the S.W.
corner hereof;
pr
Page 1 of 2'%r 6�t.eger 6i33d1. Lno.
Job No. S-8015
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UTILITY FUND
TOTAL REVENUES 6,729,463.00 7,717,142.00 7,759,714.00 9,139,343.00
TOTAL REVENUES
6,729,463.00
EST. -ACT.
BUDGET
EST. -ACT.
BUDGET
REVENUES'
ACCT.
1981-82
1982-83
1982-83
1983-84
7,715,163.00
7,468,511.00
8,936,198 50
ENDING FORWARD BALANCES
154,709.35
1,138,712.00
Electrical - Residential
1301
3,100,000.00
3,336,667.00
3,336,667.00
4,042,000.00
Electrical - Commercial
1302
1,981,000.00
2,133,333 00
2,133,333.00
2,237,000.00
Electrical — Industrial
1303
-0-
65,000.00
65,000.00
71,000.00
Electrical - Miscellaneous
1304-1
4,000.00
51000.00
5,000.00
5,000.00
Government City
1304-2
-0-
-0-
-0-
278,215.00
Penalty
1305
55,000.00
65,750.00
65,750.00
65,000.00
Water Sales
1306
700,000.00
910,000.00
910,000.00
1,100,000.00
Water Taps
1307
35,000.00
53,000.00
80,000.00
80,000.00
Sewer Service
1308
310,000.00
350,000.00
350,000.00
355,000.00
Sewer Taps
1309
18,000.00
40,000.00
55,000.00
55,000.00
Reimbursement - LCRA
1310
46,846.00
30,000.00
30,572.00
74,000.00
Sanitation
1311
260,000.00
285,000.00
285,000.00
340,000.00
Tap Transfers
1312
81,600.00
135,000.00
135,000.00
190,000.00
Service Charges
1314
300.00
6,000.00
6,000.00
15,000.00
Workman Comp. Ref.
1317
26,800.00
25,000.00
25,000.00
25,000.00
Connect Charges
1318
-0-
10,000.00
10,000.00
R:888.88Reimbursement
Energy Efficient
Refund Industrial Corp.
Unit
1321
1319
-0-
51,851.00
51,851.00
-0-
Revenue Sharing
1322
49,917.00
90,541.00
90,541.00
21,128.00
Interest
1323
61,000 00
125,000.00
125,000.00
135,000.00
TOTAL REVENUES 6,729,463.00 7,717,142.00 7,759,714.00 9,139,343.00
TOTAL REVENUES
6,729,463.00
7,717,142.00
7,759,714.00
9,139,343.00
BEGINNING FORWARD BALANCES
-0-
1,136,733.00
1,104,190.00
1,3959393.00
TOTAL EXPENSE
6,574,753.65
7,715,163.00
7,468,511.00
8,936,198 50
ENDING FORWARD BALANCES
154,709.35
1,138,712.00
1,395,393.00
1,598,537.50
-19-
UTILITY FUND
EST. -ACT. BUDGET EST. -ACT. BUDGET
EXPENDITURES: 1981-82 1982-83 1982-83 1983-84
Administration
Electric Department
Water Department
Sewer Department
Sanitation Department
Customer Service
Inspection
Shop
Bond Interest b Sinking
Cert. of Obligation
Interest b Sinking
Transfers
TOTAL EXPENDITURES
TRANSFERS
General Fund
Transportation
TOTAL TRANSFERS
452,613.00
4,717,984.85
407,589 74
220,100 00
282,119.00
-0-
59,147.06
-0-
210,000.00
596,776.00
5,346,865.00
474,039.00
'231,140.00
241,668.00
-0-
80,918.00
-0-
276,757.00
568,537.00
5,280,944.00
439,990.00
200,751.00
250,150.00
-0-
69,382.00
-0-
276,757.00
885,486.00
5,823,768.00
655,078.00
345,363.00
295,772.00
72,000.00
90,789.00
73,944.00
393,070.00
32,200 00
32,000.00
32,000.00
32,800.00
193,000.00
435,000.00
350,000.00
268,128.50
6,574,753.65
7,715,163.00
7,468,511.00
8.936,198 50
175,000.00 435,000.00 350,000 00 268,128.50
18,000 00 -0- -0- -0-
193,000.00 435,000.00 350,000.00 268,128.50
15111Z
y
EXPENDITURES
ELECTRIC DEPARTMENT
ACCT.
UTILITY FUND
EST. -ACT.
1981-82
BUDGET
1982-83
EST. -ACT
1982-83
BUDGET
1983-84
Supervisor
1431-1
23,400.00
25,000.00
23,000.00
23,500.00
Labor
1431-3
106,000.00
133,000.00
110,000.00
135,000.00
Shop Labor
1431-4
40,000.00
42,500.00
42,500.00
-0-
Longevity
1431-5
-0-
1,344.00
1,344.00
1,368.00
L C R A
1432
4,250,000.00
4,800,000.00
4,800,000.00
5,325,000.00
Street Lighting
1433
10,000.00
81000.00
4,000.00
8,000.00
Supplies
1434
62,000.00
35,000.00
30,000.00
30,000.00
Poles
1435
24,000.00
38,321.00
32,000.00
35,000.00
Miscellaneous
1436
11,000.00
11,000 00
91500.00
10,000.00
Fuel
1437
8,200.00
8,000.00
8,000.00
10,000.00
Maintenance-Etirinment
1438
11,000.00
31,000.00
26,000.00
30,000.00
Transformers
1439
57,000.00
75,000.00
95,000.00
90,000.00
Meters
1440
12,000.00
11,600.00
11,600.00
15,000.00
Advertisement b Promotion
1441
84.85
100 00
100.00
100.00
Highway 035 Lighting
1442
3.600 00
4,000.00
4,000.00
4,000.00
Communications System
1443
950.00
1,000.00
600.00
11000.00
Utilities
1444
750.00
800.00
600.00
2,800.00
Capital Improvements
1445
98,000.00
44,000.00
37,000.00
25,000.00
Pole Line Hardware
1446
-0-
30,000 00
30,000.00
30,000.00
Safety Equipment
1447
-0-
1,200.00
1,200.00
2,000.00
Replacement Lights
1448
-0-
6,000.00
6,000.00
6,000.00
Contingency
1449
-0-
34,000.00
-0-
30,000.00
Employees Uniforms
1450
-0-
6,000 00
8,500.0.0
10_,000.00
TOTAL ELECTRIC DEPARTMENT 4,717,984.85 5,346,865.00 5.280,944.00 5,823.768.00
8 full time employees
1 part time employee
-22-
r
AN ORDINANCE AMENDING AN ORDINANCE
PRESCRIBING AND FIXING RATES AND
CHARGES FOR SALES AND SERVICES OF
ELECTRIC, WATER, WASTEWATER, AND
GARBAGE DISPOSAL SYSTEM OF THE CITY
OF GEORGETOWN; PRESCRIBING THE TIME
FOR PAYMENT OF ACCOUNTS AND PENALTIES
FOR NON-PAYMENT, SETTING DEPOSITS FOR
UTILITIES; REPEALING ALL ORDINANCES,
RESOLUTION, AND ORDERS IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS:
SECTION I. The monthly rates and charges for the sales made of services rendered
by the Electric, Water, Wastewater, and Garbage Systems of the City of Georgetown
are hereby established, levied, fixed, and prescribed as follows•
A
ELECTRIC RATES
RESIDENTIAL RATE - Inside the City Limits
First 30 kwh, $6 00 net, (Minimum Bill)
2.25Q/kwh for all additional kwh
COMMERCIAL RATE
First 30 kwh $6 00, (Minimum Bill)
6 16 0 kwh for the next 470 kwh
3.371/kwh for all additional kwh
CHURCH RATE (NON TAXABLE)
First 30 kwh, $6 00 net, (Minimum Bill)
3 50Q/kwh for all• additional kwh
INDUSTRIAL RATE
RESIDENTIAL RATE - Outside the City Limits
First 30 kwh, $6 00 net, (Minimum Bill)
2 50¢/kwh for all additional kwh
LARGE COMMERCIAL *
First 30 kwh $6 00, (Minimum Bill)
4 82Q/kwh for next 1970 kwh
3.151/kwh for next 5000 kwh
2.591/kwh for all additional kwh
*No new customers will be added to
this rate
SCHOOL RATE (NON TAXABLE)
First 30 kwh, $6 00 net, (Minimum Bill)
4.011/kwh for the next 13,970 kwh
2.700 kwh for all additional kwh
Demand Charge
$5.00 per KW of demand
Energy Charge
2.011/kwh for the first 10,000 kwh
1 67 0 kwh for all additional kwh
FUEL COST ADJUSTMENT
The above energy and demand charges shall be increased by the Fuel Cost Adjustment
as computed each month.
METER RENTAL FEE
10t per meter for each meter.
B.
Monthly Water Use
Gallons
First 2,000
All over 2,000
WATFR RATFS
Rate per 1,000 Gallons
Inside city Outside City
Minimum Charge Minimum Charge
$1 00/1000 gallons $1.25/1000 gallons
WATER - MINIMUM MONTHLY CHARGE
These rates are applicable to all sales or services for the first 2,000 gallons
or less monthly. Inside City $5 50 Outside City $13 00
All leakage between meter and building is the responsibility of the owner, tenant
or occupant of the building
C.
Water Use
Gallons
First 3,000
3,000-12,500
Maximum Billing
SEWER RATES
Rates
Residentia Commercia
$ 3 30 $5 30
$ 0.70/1,000 $0 80/1000
$10 00 No Maximum
Anyone receiving City Water Service and connected to City Sewer must pay the above
sewer charges regardless of whether the building is occupied or not.
D
WATER TAP RATES
Size Taps Inside City
5/8" or 3/4" $225 00
1" $300 00 plus cost of meter
1"- 1i" $400 00 plus cost of meter
2" $600 00 plus cost of meter
above 2" Actual cost of meterials
Outside City
$350 00
$425 00 plus cost of meter
$525 00 plus cost of meter
$725 00 plus cost of meter
$125.00 plus actual cost of
labor and materials
Additional $0 20 per sq. ft. of heated area to be added to above rates for water taps.
E. SEWER TAP RATES
Size Taps Inside City
4" $250 00
6" $400 00
8" $600 00
Above 8" Actual cost of labor and
materials
Outside City
$400 00
$550 00
$750 00,
$150 00 plus actual cost of
labor and materials
All water and sewer taps to be paid for at the time of issuance of Building Permit.
F.
Domestic Rates
GARBAGE RATES
Inside City - $5.00 per month or any portion thereof.
Outside City - $7.00 per month or any portion thereof.
Commercial Rates
Rates vary according to amount of garbage. Minimum rate for 3 pick-ups per week is
$20 00. Minimum rate for 6 pick-ups per week is $40 00. Rates above the minimums
to be set at City Hall by City Secretary.
Waste from Cleanup or Building Operations
$10 00 per load or proportionate charge for partial load if waste is hauled by City.
If service is rendered during any portion of any month the customer will be required
to pay a minimum bill for this service.
5
G.
PAYMENT AND COLLECTION
If the payment is received prior to the tenth of the month (or the twentieth if
billed on second cycle) following the month in which the service was performed,
rendered, or available, of if such payment bears a postmark within such limit, or
received in the overnight depository by 8 00 a m. the following day, such payments
shall be considered timely and not deliquent. When the said tenth day (or the
twentieth if billed on second cycle) falls on a Sunday or a legal City Holiday such
time for payment shall be extended to the next business day. When payment is made
after the tenth of the month (or the twentieth if billed on second cycle) 10% will
be added to the next bill. Second notices will be sent to all accounts not paid
by the tenth of the month (or the twentieth if billed on second cycle).
H.
FAILURE TO PAY CHARGES
If a third notice is required, utility service will be discontinued. Account
balance plus a $10 00 service charge and the required connect fee must be
paid before service will be restored. The customer will be required to pay
the service charge whether utilities have been discontinued or not.
REREAD CHARGES, CONNECT CHARGES
AND RETURN CHECK CHARGES
The City will reread any customer's water and/or electric meter at the custo-
mer's request. If the reread meter was correctly read and there was no error
on the part of the City, the customer shall be charged $10 00. If the reread
meter was read incorrectly, there shall be no charge to the customer. There
shall be a $15 00 charge for connecting water or electric services. The con-
nect charge will apply to new customers, customers moving from one location to
another and for reconnecting services discontinued for failure to pay charges.
There shall be a $10.00 charge for all returned checks.
SECTION II That there shall be a $100 00 Utility Deposit required on each
dwelling unit. There shall be no deposit required on any dwelling unit occu-
pied by its owner.
All commercial establishments shall be required to post a Utility Deposit equal
to at least twice the average monthly bill of that establishment or a similar
establishment of its kind. The minimum commercial deposit shall be $100.00.
SECTION III That all ordinances, resolutions, and orders heretofore passed,
adopted and made, or any part of the same, affecting rates, charges and policies
for sales made or services rendered by the Electric, Water, Waste -Water, or
Garbage Systems of the City of Georgetown, which are in conflict with this
Ordinance, shall be and the same are hereby in all things repealed, provided,
that those provisions of the Garbage and Trash Ordinance passed on the 10th
day of March, 1975, as amended on the 8th day of March, 1976, which are not
in conflict herewith are not repealed.
READ, PA SED AND APPROVED by the City Council on first reading this day i
of 1983, and on second and final reading this �L 2 day of usf
19A-1'____
John C Doefler, Mayor
City of Georgetown
ATTEST'
Jim Colbert, City Secretary
APPROVED AS TO FORM:
Joe McMaster
City Attorney
k
2�l
APPROPRIATION ORDINANCE
AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING SEPTEMBER 1,
1983, AND ENDING AUGUST 31, 1984, IN ACCORDANCE WITH ARTICEL 689-A-13 OF THE
REVISED STATUTES OF TEXAS AND HOME RUDE CHARTER FOR THE CITY OF GEORGETOWN, TEXAS.
APPROPRIATING THE VARIOUS AMOUNTS THEREOF AND REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT THEREWITH.
WHEREAS, the City Manager of the City of Georgetown has submitted to the City Council
a proposed budget of the revenues of said City and the expense of conducting the
affairs thereof and providing a complete financial plan for the enusing fiscal year,
beginning September 1, 1983, and ending August 31, 1984, and which said proposed
budget has been compiled from detailed information obtained from the several depart-
ments and offices of the City; and
WHEREAS, the City Council has received said City Manager's proposed budget, a copy
of which proposed budget and all supporting schedules have been filed with the City
Secretary of the City of Georgetown, and is onf the opinion that the same should be
approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS:
SECTION 1. The proposed budget of the revenues of the City of Georgetown and expenses
of conducting the affairs thereof, providing a financial plan for the ensuing fiscal
year beginning September 1, 1983, and ending August 31, 1984, as submitted to the
City Council by the City Manager of said City, be, and the same is in all things
adopted and approved as the budget of the current expenses as well as fixed charges
against said City for the fiscal year beginning September 1, 1983, and ending
August 31, 1984.
SECTION 2. That the sum of $2,149,869.50 1a hereby appropriated out of the General
Fund for the payment of operating expenses of the City Government as hereinafter
itemized.
General Government
274,173.00
Conservation of Health
43,018.00
Public Safety
752,840.00
Public Works
365,151.00
Planning
161,200.00
Cemetery
23,304.00
Parks 6 Recreation
228,885.00
Airport
206,100.00
Main Street Project
27,553.50
Debt Retirement
67,645.00
TOTAL
$2,149,869.50
SECTION 3. That the sum of $67,645.00 is hereby appropriated out of the Interest
and Sinking Fund for the purpose of paying the interest and principal due to
General Obligation Bonds.
`,tyC� (JeorliIOs,,li
813'21 )9g3 i
SECTION 4. That the sum of $8,611,198.50 is hereby appropriated out of the Utility
Fund for the payment of operating expenses of the City Government ab hereinafter
itemized.
Administration
Electric Department
Water Department
Sewer Department
Sanitation Department
Customer Service
Inspection
Shop
Bond Interest 6 Sinking
Cert. of Obligation Interest
Transfers
TOTAL
$ 885,486.00
5,498,768.00
655,078.00
345,363.00
295,772.00
72,000.00
90,789.00
73,944.00
393,070.00
& Sinking 32,800.00
268,128 50
$81611,198.50
SECTION 5. That the sum of $425,870.00 is hereby appropriated out of the Interest
and Sinking Fund for the purpose of paying the accrued interest and making the
principal payments as the same mature on the Utility System Revenue Bonds and
creating the prescribed contingent and reserve funds.
SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 7. This ordinance shall be and remain in full force and effect from and
after its passage and approval by the City Council of the City of Georgetown.
READ, ADOPTED AND APPROVED by the City Council at a meeting held at the City Hall
in the City of Georgetown this 9th day of August, 1983, on first reading.
READ, ADOPTED AND APPROVED by the City Council at a meeting held at the City Hall
1n the City of Georgetown this 2a, day of August, 1983, on second reading.
John C. Doerfler, Mayor
ATTEST:
Jim Colbert, City Secretary
APPROVED AS TO FORM:
Joe B. McMaster, City Attorney
AN ORDINANCE AMENDING THE CITY OF GEORGETOWN SUBDIVISION
ORDINANCE, CONSTRUCTION STANDARDS AND SPECIFICATIONS FOR ROADS,
STREETS, STRUCTURES AND UTILITIES, ESTABLISHING A POLICY FOR
EXTENSIONS AND ADDITIONS TO THE WATER AND WASTEWATER SYSTEMS OF
THE CITY OF GEORGETOWN; PROVIDING DEFINITIONS; ESTABLISHING
REQUIREMENTS FOR APPROACH MAINS AND OUTSIZED ON-SITE LINES;
PROVIDING FOR APPROVAL OF APPROACH MAINS BY THE CITY COUNCIL; AND
METHOD OF PAYMENT FOR OVERSIZING.
WHEREAS, it is recognized that the extension of water and
wastewater utilities is a major factor in the timing and
direction of urban growth; and,
WHEREAS, it is important that the City of Georgetown review
and approve approach mains consistent with the goal of orderly,
planned growth and environmental protection; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN:
PART 1. That the following provisions shall govern the City in
the review, approval, and installation of extensions of water and
wastewater utility lines and associated facilities that are not
extended through the Capital Improvements Programs;
A. Definition of Approach Main. An Approach Main is the water
and/or wastewater line(s), associated facilities and off site
improvements (as defined further below) required to extend
service from the existing utility system to the property of an
owner requesting utility service. An Approach Main is an
extension or addition to the basic city system necessary to serve
the property for which utility service is sought, provided that
where the Water and Wastewater Department of the City of
Georgetown requires a minor line extension to complete the grid
pattern of a subdivision when sufficient water capacity is
already available immediately adjacent to the subdivision
boundary, such water line extensions may not be considered an
approach main. In all instances, where existing on site or
immediately adjacent lines or associated facilities are not to be
utilized or are not sufficient to provide the necessary water
and/or wastewater service to the property, an Approach Main shall
be required, unless service to the property will be accomplished
by a minor line extension to complete the grid pattern as
provided above.
$3.24 1953
B. The following additional definitions are provided:
1. On Site Lines. On site lines are those water and
wastewater lines on the site of the subdivision requesting
utility service.
2. Water and Wastewater Lines. For the purpose of this
ordinance, approach mains and on site lines include all necessary
appurtenances of a water distribution and wastewater collection
system including valves, manholes, taps, air releases, diversions
and all other equipment necessary to make a water distribution
and wastewater collection system operable.
3. Associated Facilities and Off Site Improvements.
Associated Facilities and Off Site Improvements are those
accompanying apparatus necessary to provide service to a tract.
These include but are not limited to lift stations, force mains,
pump stations, and storage tanks and any additions to existing
facilities which serves to increase their service delivery
capability.
4. Oversized. A water/wastewater line or approach main
facility is oversized if it has the capacity of serving areas
beyond the subdivision or property requesting utility service.
5. Outsized On-site Lines. Outsized on-site lines are those
water and wastewater lines larger than 12" in diameter.
C. Approach Main and Outsized On-site Line Requirements.
Requests for an approach main and/or outsized on-site lines as
defined in this ordinance shall be approved only under the
following conditions:
1. The project shall conform with all City requirements,
specifications, and standards; and the plans shall be approved by
the City Engineers and the Director of Public Works.
2. The City Engineer and the City Manager shall certify at
the time of the review of the subdivision, planned unit
development, or other development that the utility system
(including treatment plants) supporting such development has
adequate capacity or will have adequate capacity upon the
completion of the approach mains and/or outsized on-site lines by
z
City of Georgetown if the approach main and/or on site lines have
excess capacity, according to subdivision service requirements as
determined by the City Engineers. Repayment for oversizing costs
shall be financed as provided for in this section. For the
purposes of this ordinance, water and wastewater lines 12" in
diameter and smaller will in no case be considered over-sized.
H. Subsequent User Payments. Subdividers who use utility
capacity made available as a result of an oversized water and/or
waste water approach main or on site line paid for under this
ordinance shall reimburse the City, at the time the plat is
recorded, an amount equal to the subdivider's pro rata share
thereof, Such reimbursement will be based upon the number of
living unit equivalents to be served or, in the absence of livin g
units, on lineal front footage or other reasonable basis. If
water or wastewater service is required for an individual lot or
lots to be used for commercial, industrial or multi-family
residential purposes, an additional subsequent user payment shall
also be required. Such additional payment shall be required if
the original pro rata share payment did not include an actual
living unit equivalent demand. However, no such payments shall
be required for subdivisions containing two (2) or less living
unit equivalents.
I. Calculating Oversize Cost Payments. All utility construction
bids will be submitted in two ways: pipe size and fittings for
oversize line as specified by the City and 12" line. City will
pay difference in low bid for pipe and fittings only. Payments
will be paid following completion and acceptance of all water,
wastewater, drainage and street installations by the City and
recording of the associated subdivision plat.
PART 2. That all ordinances, resolutions and orders heretofore
passed, adopted and made, or any part of the same, affecting
approach mains, which are in conflict with this Ordinance, shall
be and the same are hereby in all ways repealed.
the subdivider. Alternatively, such certification may be that
the funds necessary for installation of such lines have been
authorized and are available for the capital improvement projects
necessary to provide the additional capacity for such development.
Such alternative certification shall show that the additional
capacity will be available prior to or at the time of connecting
such development to the utility system.
3. The City Council will review and approve all proposed
approach main projects and all oversized line projects on or
before preliminary subdivision or planned unit development
approval.
D. Capital Improvement Programs and Master Plan Priorities.
Capital Improvement Programs and water and waste water projects
shall be installed only in compliance with this ordinance and
with the approval of the City Council. Such approval will be
granted after the review by the City Council of the existing
schedule for other capital improvement programs. Futher, the
City Council shall evaluate such projects giving due
consideration to the priorities established by the Capital
Improvement Programs and Master Plans in existence at the time.
E. Public Advertisement of Bids. Invitations to bid on those
projects in which the City will participate in the cost shall be
publicly advertised and awarded in the same manner as City
projects.
F. Lift Stations, Force Mains and Booster Stations. The use of
lift stations, force mains and booster stations in association
with water and wastewater approach mains and/or outsized on-site
water and wastewater lines shall be limited to those projects
which promote the growth management and environmental quality
goals of the Master Plan of the City of Georgetown. Each project
which employs .lift stations, force mains and booster stations
shall be evaluated for its consistency with such goals.
G. Cost Sharing Provisions. Subdivisions requiring utility line
extensions as defined in this ordinance shall be eligible for
cost participation by the Water and Wastewater Department of the
W4
READ, PASSED AND APPROVED on First reading this p day of
4 4 tust r 1983.
READ, PASSED AND APPROVED on Second and Final reading this
�0104 day of ,�.�-- , 1983.
JOHN C. DOERFLER, MAYOR
ATTEST:
JIM COLBERT, CITY SECRETARY
APPROVED:
JOE B. MCMASTER,
CITY ATTORNEY
5
AN ORDINANCE ESTABLISHING
RATES, OPERATING HOURS AND
OPERATING PROCEDURES FOR
USE OF THE GEORGETOWN COM-
MUNITY CENTER IN SAN GAB-
RIEL PARK.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS;
Section 1. Rental Rates and Deposits for the use of the Georgetown
Community Center are to be as follows:
Non -Commercial rent
for
half of the building
$100.00/day
Non -Commercial rent
for
the whole building
150.00/day
Commercial rent for
half of the building
200.00/day
Commercial rent for
the
whole building
300.00/day
Key Deposit
10.00
Damage Deposit
50.00
50.00
Clean-up Deposit, other
than dances
Clean-up Deposit for dances
100.00
Without prior approval by the City Council, any individual or organiza-
tion except non-profit organizations shall pay the commercial rent if
adm'ssion is charged to the building or if goods or services are sold
or offered for sale in the building.
Dances must rent the whole building, even though only half may be needed.
Chamber of Commerce, City functions, Police and Firemen, and governmental
extension services are free.
The Ministerial Alliance, Boy Scouts, Girl Scouts, 4-H, Garden Club and
Athletic Associations such as Little League may use the building free
one time each year. Any other time is $50.00. All of the above organi-
zations must be Georgetown sponsored. Every other person or organiza-
tion must pay the full rental amount and deposit unless prior approval
is given by the City Council.
Section 2. Rental hours shall be as follows:
Sunday through Friday
Saturday
7:00 a.m. to 1 00 a.m.
7.00 a.m. to 2.00 a.m.
Hours pertain to use of the building, not alcoholic consumption.
Section 3. Procedures for the use of the building shall be as follows:
1. Payment of both rental and deposits shall be made two
weeks in advance. If payment is not received, the
building reservation will be cancelled.
2. Liability Insurance in an amount established by the City
Council shall be required of all commercial renters, and
all renters shall sign a waiver of liability at the time
the reservation is made.
3. Two law enforcement personnel from the Georgetown Police
Department are required to be present for all dances. Pay-
ment for the officers will be made at the time the rental
and deposit is made.
4. No Animals or fowl shall be allowed inside the building.
5. No non-commercial reservation for the building can be made
more than one year in advance. No commercial reservation
for the building can be made more than thirty (30) days in
advance.
6. Without prior approval by the City Council, no individual
or organization shall reserve the Community Center more
than three (3) times each year, and no reservation shall
be for more than three (3) consecutive days.
READ, PASSED AND APPROVED on first reading this day of ,
1983 and on second and final reading this day of , 1983.
/983 1
! I
AN ORDINANCE ESTABLISHING
RATES, OPERATING HOURS AND
OPERATING PROCEDURES FOR
USE OF THE GEORGETOWN COM-
MUNITY CENTER IN SAN GAB-
RIEL PARK
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS,
Section 1. Rental Rates and Deposits for the use of the Georgetown
Community Center are to be as follows
Non -Commercial rent for half of the building $100 00/day
Non -Commercial rent for the whole building 150 00/day
Commercial rent for half of the building 200 00/day
Commercial rent for the whole building 300 00/day
Key Deposit 10 00
Damage Deposit 50 00
Clean-up Deposit, other than dances 50 00
Clean-up Deposit for dances 100 00
Without prior approval by the City Council, any individual or organiza-
tion except non-profit organizations shall pay the commercial rent if
admission is charged to the building or if goods or services are sold
or offered for sale in the building
Dances must rent the whole building, even though only half may be needed.
Chamber of Commerce, City functions, Police and Firemen, and governmental
extension services are free
The Ministerial Alliance, Boy Scouts, Girl Scouts, 4-H, Garden Club and
Athletic Associations such as Little League may use the building free
one time each year. Any other time is $50 00. All of the above organi-
zations must be Georgetown sponsored. Every other person or organiza-
tion must pay the full rental amount and deposit unless prior approval
is given by the City Council.
Section 2. Rental hours shall be as follows
Sunday through Friday
Saturday
700am to100am.
700 am to 200 am
Hours pertain to use of the building, not alcoholic consumption
Section 3 Procedures for the use of the building shall be as follows.
1. Payment of both rental and deposits shall be made two
weeks in advance If payment is not received, the
building reservation will be cancelled
2. Liability Insurance in an amount established by the City
Council shall be required of all commercial renters, and
all renters shall sign a waiver of liability at the time
the reservation is made.
3. Two law enforcement personnel from the Georgetown Police
Department are required to be present for all dances Pay-
ment for the officers will be made at the time the rental
and deposit is made.
4 No Animals or fowl shall be allowed inside the building
5 No non-commercial reservation for the building can be made
more than one year in advance No commercial reservation
for the building can be made more than thirty (30) days in
advance.
6. Without prior approval by the City Council, no individual
or organization shall reserve the Community Center more
than three (3) times each year, and no reservation shall
be for more than three (3) consecutive days
READ, PASSED AND APPROVED on first reading this day of ,
1983 and on second and final reading this day of 1983
I
September 21, 1983
The City Council met in Special Session on the above date at
5:00 PM with Mayor John C. Doerfler presiding. The following
Councilmen and Officials were present: Eb C. Girvin, Carl Doer-
ing, Marvin Lackey, Bill Connor, City Manager Leo Wood, City Sec-
retary Jim Colbert, Public Works Director W. L. Walden, Tax/
Finance Director Barbara Raney and Planner Renee Hanson. Council-
man William C. Shell was absent.
Airport Lease Motion by Connor and seconded by Doering to approve an assignment
Agreement of the Airport Lease with McKinney and Moore Inc., provided:
(1) the City does not waive the right of first refusal to assuuc•
obligations of McKinney and Moore as provided in paragraph 15.0
of the original lease and (2) any future sale, conveyance or
assignment is subject to prior written approval by the City CounLil.
Motion carried by unanimou vote.
Capital Improvements No action was taken on this matter.
Program
Freese -Nichols Report Motion by Doering and seconded by Girvin to accept the recommendations
& Recommendations of Freese and Nichols concerning the Forest Street sewer repair.
Motion carried by unanimous vote.
Ordinance - Annexation Motion by Doering and seconded by Girvin to approve on first reading
of Trussway Property, an ordinance annexing 10.83 acres belonging to Trussway. Motion
lot reading carried by unanimous vote.
Ordinance - Rezoning Motion by Lackey and seconded by Connor to approve on first reading
Trussway Property, an ordinance rezoning 10.83 acres belonging to Trussway from RS,
from RS to I, 1s►t single family to I - Industrial. Motion carried by unanimous vote.
reading
Ordinance - Annexation Motion by Connor and seconded by Girvin to approve on first rading
of Bryco Property, lot an ordinance annexing 5.90 acres belonging to Bryco.. Motion
reading carried by unanimous vote.
Ordinance - Rezoning Motion by Girvin and seconded by Doering to approve on first reading
of Bryco Property from an ordinance rezoning 5.90 acres belonging to Bryco from RS,
RS to I, let reading residential to I, Industrial. Motion carried by unanimous vote.
Ordinance - Annexation Motion by Doering and seconded by Lackey to approve on first
of Superior Stone reading an ordinance annexing 5.47 acres belonging to Superior
Property, lot reading Stone. Motion carried by unanimous vote.
Ordinance - Rezoning Motion by Lackey and seconded by Connor to approve on first reading
of Superior Stone an ordinance rezoning 5.47 acres belonging to Superior Stone from
Property from RS to RS, Single Family to I, Industrial. Motion carried by unanimous
I, 1st reading vote.
Ordinance - Annexation Motion by Connor and seconded by Girvin to approve on first reading
of Georgetown Railroad an ordinance annexing 2.11 acres and 24.24 acres be onging to
Property, lot reading Georgetown Railroad. Motion carried by unanimous vote.
September 21, 1983
Pag(
Ordinance - Rezoning
Motion by Girvin and seconded by Doering to approve on first
Georgetown Railroad
reading an ordinance rezoning 2.11 acres and 24.24 acres belongli)g
Peoperty from RS to
to Georgetown Railroad from RS, Single Family to 1, Industrial.
I, 1st reading
Motion carried by unanimous vote.
Ordinance - Annexation
Motion by Doering and seconded by Lackey to approve on first reading
of Summey Corp.
an ordinance annexing 27.33 acres belonging to Summey Corp. Motion
Property, 1st reading
carried by unanimous vote.
Ordinance - Rezoning
Motion by Connor and seconded by Lackey to approve on first readtoN,
Property of Summey
an ordinance rezoning 27.33 acres belonging to Summey Corp. frum
Corp., from RS to I,
RS, Single Family to I, Industrial. Motion carried by unanimous
1st reading
vote.
Executive Session
At this time Mayor Doerfler announced that the City Council would
meet in executive session as provided by Article 6252 V.T.C.
Following the executive session, the meeting was again opened
to the public.
Adjourn
There being no further business, on a motion by Connor and se wIRIPd
by Lackey, the meeting adjourned.
�-Voo,
t
ORDINANCE
if
j SAN ORDINANCE AMENDING THE "ZONING ORDINANCE" PASSED AND ADOPTED BY THE CITY COUNCIL
! OF THE CITY OF GEORGETOWN, TEXAS, ON THE 12TH DAY OF FEBRUARY, 1968, AMENDING A PART
OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE: TO CHANGE THE PROPERTY OF
MRS. WANDA BURNHAM KRAUSE IN THE CLEMENT STUBBIE SURVEY ABSTRACT NO. 558 IN THE CITY
OF GEORGETOWN, FROM RS DISTRICT TO C2A DISTRICT AS HEREINAFTER SET FORTH:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS:
WHEREAS, an application has been made to the City Council for the purpose of changing
the zoning ordinance on the following described real estate;
tract or parcel of land, situated in Williamson County, Texas, and being a part
of the Clement Stubblefield Survey, the Northern portion of same being within the
City Limits of the City of Georgetown, and known as parts of Outlets Nos. 8 and
.47, Division "A" of said City, containing 7j acres of land, more or less, and
described by metes and bounds as follows, to -wit.
more fully described in attached field notes - Exhibit "A".
AND WHEREAS, the City Council has submitted the proposed change in the Zoning
Ordinance to the City Planning Commission for its recommendation and report; and,
WHEREAS, the City Planning Commission has recommended the changing of said Zoning
Ordinance on the above described property from Residential Single Family to C2A Commercial
Dist., which said meeting was held on the 6th day of September, 1983, and,
WHEREAS, the City Council, before adopting this amendment to the Zoning Ordinance, gave
notice of such hearing by publishing same in a weekly newspaper in the City of Georgetown,
Texas, which notice stated the time and place of hearing and which time was not earlier
than fifteen days from the first day of such publication; and
WHEREAS, written notice was given to all of the owners of the lots within 200 feet of
the above described property as required by law; and
WHEREAS, the City Planning Commission approved the change aforesaid in the Zoning
Ordinance, said approval being by said Commission on September 6, 1983.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Georgetown, Texas
that the Zoning Ordinance, and the Zoning Map of the City of Georgetown, be amended so that
the property described above shall be and the same is hereby removed from Residential
Single Family to C2A Commercial Dist.
Read, passed and adopted this 13 day of pfp M 6 e r , 19on the
first reading.
Read, passed and adopted this day of n 12,9 r on the
second reading.
ATTEST.
JIM COLBERT
CITY SECRETARY
APPROVED AS TO FORM.
JOE B. MCMASTER
CITY ATTORNEY
JOHN C. DOERFLER, MAYOR
CITY OF GEORGETOWN
C, �q c� G cgy.c4n
1�I
BEGINNING at the S. W. corner of a tract conveyed by Southwestern
University to R. F Ward on Nov. 5, 1904, by deed recorded in Vol. 113, page 4, of
the Deed Records of Williamson County, Texas, at a point in the North line of the
Georgetown -Leander Road, 15 feet East of the center of the right of way of the
I. & G. N. R. R. right of way, at the intersection of said road and said railroad,
THENCE East with the North margin of the Leander road 683 feet to
the S. W. corner of a tract heretofore conveyed to W. L. Coleman by R. E. Ward and
wife by deed dated Dec. 23, 1922, and recorded in Vol. 208, Page 85, Deed Records of
Williamson County, Texas;
THENCE N 18 W. 6791 feet to the N. E. corner hereof in the R B
Davis South line;
THENCE West 339 feet to post in the East line of the I. & G N. R. R.
right of way for N. W. corner hereof;
THENCE S. 11i W. with said right of way, 653 feet to the place of
beginning, and containing 7j acres of land, more or less, and being the same land
conveyed to R W. Whitley by 0. H. Marshall, et us., the Deed Records of Williamson
County, Texas.
z
EXHIBIT A
FIELD NOTE DESCRIPTION
OF 5.90 ACRES OF LAND
OUT OF THE C. STUBBLEFIELD SURVEY ABS. # 558
IN WILLIAMSON COUNTY, TEXAS
BEING A PART OF SUPERIOR STONE PRODUCTS, INC.,
RECORDED IN VOLUME 507 AT PACE 649, OF THE DEED
RECORDS OF WILLIAMSON COUNTY TEXAS SAID 5.90
ACRE TRACT BEING DESCRIBED BY METE AND BOUNDS
AS FOLLOWS;
BEGINNING AT AN IRON ROD FOUND AT THE SOUTHWEST
CORNER OF WICKS LUMBER COMPANY TRACT RECORED IN VOLUME
446 AT PAGE 696 OF THE FORESAID DEED RECORDS FOR THE
NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE, S 88051'07" E, A DISTANCE OF 626.20 FT., WITH
THE SOUTH LINE OF WICKS LUMBER COMPANY AS FENCED TO AN
IRON PIPE SET FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE, S 00053154" W, A DISTANCE OF 258.47 FT.,
TO AN IRON PIPE SET IN THE CENTER LINO: OF THE GEORGETOWN
RAILROAD FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE, WITH THE ARC OF A CURVE, TO THE LEFT, WHICH
HAS A RADIUS OF 881.48 FT., AN ARC LENGTH OF 931.95
FT., CENTRAL ANGLE OF 6003413411, A CHORD WHICH BEARS
S 58008145" W, A DISTANCE OF 889.14 FT., TO AN IRON
PIPE SET IN THE CENTER LINE OF THE FORESAID RAILROAD,
FOR THE SOUTHWEST CORNER OF THIS TRACT;
THENCE, N 100 12106" E,
TO THE PLACE OF BEGINNING,
ACRES OF LAND.
SURVEYED AUGUST 91 1983.
A DISTANCE OF 752.13 FT.,
AND CONTAINING 5.90
BY: )--FRIARI RE I TERED -PUBLIC' 0 -if 1505
FOR FRIAR SURVEYING AND MAPPING INC.,
AUSTIN, TEXAS.
r*
•..
3
4
PLAN OF ShRV1CL, FOR KRYGO 'l RACT
A. POLICE PROTECTION
Upon annexation the Georgetown Police Department will provide regular and routine
patrols in the area as a part of its overall patrol activities. The department
will respond to any calls for assistance.
B. FIRE SERVICE
Fire service is now being provided to the area and will continue to be provided
by the present personnel and equipment of the fire fighting force.
C. WATER SERVICE
is presently being provided and will continue to be provided upon annexation in
accordance with rates, terms and conditions contained in the Georgetown City Coda.
D. SEWER SERVICE
Is now available in this general area and will be provided to the boundary of the
tract upon request and in accordance with rates, terms and conditions contained
in the Georgetown City Code and the City of Georgetown Zoning and Subdivision
Ordinances and depending upon the costs to the City to provide same.
E. REFUSE COLLECTION
Service will be provided upon annexation in accordance with rates, terms and
conditions contained in the Georgetown City Code.
G. PLANNING AND ZONING
The Planning & Zoning jurisdiction of the City will extend to this area on the
effective dale of annoxation. The zoning will be I - Industrial District unless
requested otherwise.
H. STRELTS, STRL—L-T LTCHTING, RECRLATION, LIBRARY SLRVICESi
In accordance with the fact that the area proposed to be annexed is an Industrial
Facility which does not have any permanent residents or public streets, the above
mentioned services are not applicable to this area.
I. MISCELLANEOUS
Any other applicable municipalservices will be provided to the area in accordance
with policies established by the City of Georgetown.
0
PLAN OF SERVICE FOR TRUSSWAY TRACT
A. POLICE PROTECTION
Upon annexation the Georgetown Police Department will provide regular and routine
patrols in the area as a part of its overall patrol activities. The department
will repond to any calls for assistance.
B. FIRE SERVICE
Fire service is now being provided to the area and will continue to be provided
by the present personnel and equipment of the fire fighting force.
C. WATER SERVICE
Is presently being provided and will continue to be provided upon annexation in
accordance with rates, terms and conditions contained in the Georgetown City Code.
D. SEWER SERVICE
Is presently being provided and will continue to be provided upon annexation in
accordance with rates, terms and conditions contained in the Georgetown City Code.
E. REFUSE COLLECTION
Services will be provided upon annexation in accordance with rates, terms and
conditions contained in the Georgetown City Code.
F. INSPECTION SERVICES
All inspection services (for example, building electrical, plumbing, etc.) provided
by the City will be extended to this area on the effective date of annexation.
G. PLANNING AND ZONING
The Planning & Zoning jurisdiction of the City will extend to this area on the
effective date of annexation. The zoning will be I - Industrial District unless
requested otherwise.
H. STREETS, STREET LIGHTING, RECREATION, LIBRARY SERVICES
In accordance with the fact that the area proposed to be annexed is an Industrial
Facility which does not have any permanent residents or public streets, the above
mentioned services are not applicable to this area.
I. MISCELLANEOUS
Any other applicable municipal services will be provided to the area in accordance
with policies established by the City of Georgetown.
AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF
GEORGETOWN, TEXAS, AND THE ANNEXATION OF CERTAIN
TERRITORY CONSISTING OF 10.83 ACRES OF LAND,
WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT BOUNDARY LIMIT OF THE CITY
OF GEORGETOWN, TEXAS.
WHEREAS, two public hearings by the City Council of the City
of Georgetown, Texas, where all interested persons were provided
with an opportunity to be heard on the proposed annexation of
that certain tract of land located in Williamson County, Texas
consisting of 10.83 acres, were held, the first being at City
Hall on the 29th day of August, 1983, and the second hearing
being in the area proposed to be annexed on the lst day of
September, 1983= and
WHEREAS, notices of such public hearings were published
according to law in a newspaper having general circulation in the
City of Georgetown, Texas, and in the herein described territory
to be annexed on the 18th day of August, 1983, for the first
such hearing, which date is not more than 20 days nor less than
10 days prior to that hearing, and on the 18th day of August,
1983, for the second hearing, which date is not more 20 days nor
less than 10 days prior to said hearing; and
WHEREAS, the total corporate area of the City of Georgetown,
Texas on the lat day of January, 1983 was 4,054.7 acres; and
WHEREAS, the population of the City of Georgetown, Texas is
9,468 inhabitants; and
WHEREAS, all the herein described territory lies within the
extra -territorial jurisdiction of the City of Georgetown, Texas;
and
WHEREAS, the herein described territory lies adjacent and
contiguous to the City of Georgetown, Texas; and
WHEREAS, the herein described territory contains 10.83
acres; and
WHEREAS, the owner of such property has requested annexation
by the City of Georgetown; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
Section 1. The following described land and territory lying
adjacent and contiguous to the City of Georgetown, Texas is
hereby added and annexed to the City of Georgetown, Texas and
said territory hereinafter described shall hereafter be included
in the boundary limits of the City of Georgetown, Texas and the
present boundary limits of said City at the various points
contiguous to the area hereinafter described are altered and
amended so as to include said area within the corporate limits of
the City of Georgetown, Texas, to -wits
BEING that certain tract and parcel of land described
in Exhibit A attached hereto and incorporated herein by
reference for all purposes.
Section 2. The above described territory and the area so
annexed shall be a part of the City of Georgetown, Texas and the
property so added hereby shall bear its pro -rata share of the
taxes levied by the City of Georgetown, Texas and inhabitants
thereof shall be entitled to all the rights and privileges of all
the citizens and shall be bound by the acts, ordinances,
resolutions and regulations of the City of Georgetown, Texas.
0
PASSED AND APPROVED on first reading on this 21st day of
September, 1983.
PASSED AND APPROVED on final reading on this 3rd day of
October, 1983.
JOHN C. DOERFLER,
ATTEST:
JIM COLBERT, CITY SECRETARY
APPROVED:
JOE B. MCMASTER, CITY ATTORNEY
EXHIBIT A
FIELD NOTE DESCRIPTION
OF A 10.83 ACRE TRACT OF LAND
OUT OF THE C. STUBBLEFIELD SURVEY ABS. NO. 5581
AND THE RUIDOSO IRRIGATION COMPANY SURVEY N0. 207
IN WILLIAMSON COUNTY, TEXAS
BEING THE SAME TRACT WHICH WAS CONVEYED TO TRUSSWAY
CENTRAL INC., AS DESCRIBED IN VOLUME 730 AT PAGE 573 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS' SAID 10.83
ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED by
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT AN IRON PIPE SET ON THE NORTHERLY RIGHT
OF WAY LINE OF THE GEORGETOWN RAILROAD, AND ON THE EAST
RIGHT OF WAY LINE OF OLD HWY. NO. 81, FOR THE SOUTHWEST
CORNER OF THE TRACT HEREIN DESCRIBED;
TilsNCE, N 08946122" E, A DISTANCE OF 79.49 FT-, WITH
THE FAST RIGHT OF WAY LINE OF OLD HWY. NO. 81, TO AN IRON
ROD FOUND AT AN ANGLE POINT IN T11E RIGHT OF WAY OF OLD
HWY NO. 81, FOR AN ANGLE IN THE WEST LINE OF THIS TRACT;
THENCE, N 14°290 E, A DISTANCE OF 67.95 FT., CONTINUING
WITH THE EAST RIGHT OF WAY OF OLD HWY, N0, 81,10 AN IRON
PIPE SET ON THE SOUTH RIGHT OF WAY OF INDUSTRIAL AVENUE,
FOR THE NORTHWEST CORNER OF THIS TRACT,
THENCE, S 790311 E, A DISTANCE OF 104.70 FT., WITH THE
SOUTH LINE OF INDUSTRIAL AVENUE TO AN IRON PIPE SET FOR THE
P.C. OF A CURVE TO THE LEFT;
THENCE, WITH THE ARC OF SAID CURVE, HAVING AN ARC
LENGTH OF 110.81 FT., A RADIUS OF 598.98 FT., AND A CHORD
WHICH BEARS S 840491 E, A DISTANCE OF 110.66 FT., TO AN
IRON PIPE SET FOR THE POINT OF TANGENCY;
THENCE, N 89053' E, A DISTANCE OF 501.70 FT., CONTINUING
WITH THE SOUTHERLY LINE OF INDUSTRIAL AVENUE, TO AN IRON
PIPE SET FOR THE P.C. OF A CURVE TO THE LEFT;
THENCE, WITH THE ARC OF THE FORESAID CURVE TO THE LEFT
HAVING AN ARC LENGTH OF 62.73 FT., A RADIUS OF 185.93 FT.,
AND A CHORD WHICH BEARS N 80013' E, A DISTANCE OF 62.44 FT.,
TO AN IRON PIPE SET FOR THE POINT OF TANGENCY;
THENCE, N 70033' E, A DISTANCE OF 95.26 FT., CONTINUING
WITH THE SOUTHERLY RIGHT OF WAY OF INDUSTRIAL AVENUE, TO AN
IRON PIPE SET FOR THE POINT OF A CURVE TO THE LEFT;
(SHEET ONE OF TWO)
THENCE, WITH THE ARC OF SAID CURVE TO THE LEFT, HAVING
AN ARC LENGTH OF 168.92 FT., A RADIUS OF 313.15 FT., AND A CHORD
WHICH BEARS N 55005147" E, A DISTANCE OF 166.88 FT., TO AN
IRON PIPE SET FOR THE POINT OF TANGENCY;
THENCE, N 3903813411 E, A DISTANCE OF 575.06 FT., I
CONTINUING WITH THE SOUTHERLY RI011T OF WAY OF INDUSTRIAL AVENUE
TO AN IRON PIPE SET FOR THE MOST NORTHERLY CORNER OF THE TRACT
HEREIN DESCRIBED;
THENCE, S 61055' E, A DISTANCE OF 96.50 FT., LEAVING INDUSTRIAL
AVENUE, TO AN IRON PIPE SET ON THE CURVED SOUTHERLY RIGHT
OF WAY OF A SPUR OF THE GEORGETOWN RAILROAD;
THENCE, WITH THE ARC OF A CURVE TO THE LEFT AND ALONG
THE SOUTHERLY RIGHT OF WAY OF THE GEORGETOWN RAILROAD SPUR
AN ARC LENGTH OF 461.09 FP., A RADIUS OF 471.78 FT., AND
A CHORD WHICH BEARS N 8900912411 E, A DISTANCE OF 442.95 FT.,
TO AN IRON PIPE SET ON THE NORTHERLY RIGHT OF WAY OF THE
GEORGETOWN RAILROAD MAIN TRACK, FOR THE MOST EASTERLY CORNER
OF THIS TRACT;
THENCE, S 37023138" W, A DISTANCE OF 454.94 FT., WITH
THE NORTHERLY RIGHT OF WAY OF GEORGETOWN RAILROAD, IRON PIPE
SET FOR THE P.C. OF CURVE TO THE RIGHT;
THENCE, WITH 711E ARC OF THE SAID CURVE TO RICHT AN ARC
LENGTH OF 734.48 FT., A RADIUS OF 777.15 FT., AND A CHORD
WHICH BEARS S 6302115011 W, A DISTANCE OF 707.45 FT., X O AN
IRON PIPE SET, FOR THE POINT OF TANCENCY;
THENCE, N 88050137" W, A DISTANCE OF 1018.69 FT.,
CONTINUING WITH THE NORTHERLY RICHT OF WAY OF GEORGE'T'OWN
RAILROAD TO THE PLACE OF BEGINNING, AND CONTAINING 10.83
ACRES OF LAND.
SURVEYED AUGUST 91 1983.
BY•
DeUbLJ-U #1505
FOR FRIAR SURVEYING AND MAPPING INC.
AUSTIN, TEXAS
(SHEET TWO OF TWO)
I
AN ORDINANCE AMENDING THE "ZONING ORDINANCE" PASSED AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, ON THE 12TH DAY OF FEBRUARY, 1968, ADDING TO AND
AMENDING A PART OF THE ZONING DISTRICT MAP OF THE
ORIGINAL ORDINANCE$ TO CHANGE THE PROPERTY OF
TRUSSWAY, INC., BEING 10.83 ACRES OF LAND IN THE C.
STUBBLEFIELD SURVEY ABSTRACT NO. 558, AND THE RUIDOSO
IRRIGATION COMPANY SURVEY NO. 207, IN THE CITY OF
GEORGETOWN, TEXAS, FROM R -S SINGLE FAMILY DISTRICT TO
I - INDUSTRIAL DISTRICT AS HEREINAFTER SET FORTH:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN:
WHEREAS, an application has been made to the City Council
for the purpose of changing the zoning ordinance on the following
described real estates
BEING a 10.83 acre tract of land out of the C.
Stubblefield Survey Abstract No. 558, and the Ruidoso
Irrigation Company Survey No. 207 in the City of
Georgetown, Williamson County, Texas, more fully
described in Exhibit A attached hereto and incorporated
herein by references
AND WHEREAS, the City Council has submitted the proposed
change in the Zoning Ordinance to the City Planning Commission
for its recommendation and reports and,
WHEREAS, the City Planning Commission has recommended the
changing of said Zoning Ordinance on the above described property
from R -S SINGLE FAMILY DISTRICT to I - INDUSTRIAL DISTRICT, which
said meeting was held on the 6th day of September, 1983; and,
WHEREAS, the City Council, before adopting this amendment to
the Zoning Ordinance, gave notice of such hearing by publishing
same in a weekly newspaper in the City of Georgetown, Texas,
which notice stated the time and place of hearing and which time
was not earlier than fifteen days from the first day of such
publication; and
WHEREAS, written notice was given to all of the owners of
the lots within 200 feet of the above described property as
required by law; and
WHEREAS, the City Planning Commission approved the change
aforesaid in the Zoning Ordinance, said approval being given by
said Commission on September 61 1983.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Georgetown, Texas, that the Zoning Ordinance, and the
Zoning Map of the City of Georgetown, be added to and amended so
that the property described above shall be and the same is hereby
removed from R -S SINGLE FAMILY DISTRICT to I - INDUSTRIAL
DISTRICT.
READ, PASSED AND ADOPTED this 21st day of September, 1983,
on the first reading.
READ, PASSED AND ADOPTED this 3rd day of October, 1983, on
the second reading.
JOHN C. DOERFLER, MAYOR
CITY OF GEORGETOWN
ATTEST$
JIM COLBERT, CITY SECRETARY
APPROVED AS TO FORM:
JOE B. MCMASTER, CITY ATTORNEY
c, �Y" 66
EXHIBIT A
FIELD NOTE DESCRIPTION
OF A 10.83 ACRS TRACT OF LAND
OUT OF THE C. STUBBLEFIELD SURVEY ABS. NO. 558,
AND THE RUIDOSO IRRIGATION COMPANY SURVEY NO. 207
IN WILLIAMSON COUNTY, TEXAS
BEING THE SAME TRACT WHICH WAS CONVEYED TO TRUSSWAY
CENTRAL INC., AS DESCRIBED IN VOLUME 730 AT PACE 573 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXASI SAID 10.83
ACRES OF LAND BEING MORE: PARTICULARLY DESCRIBED by
METES AND BOUNDS AS FOLLOWS s
BEGINNING AT AN IRON PIPE SET ON THE NORTHERLY RIGHT
OF WAY LINE OF THE GEORGETOWN RAILROAD, AND ON THE EAST
RIGHT OF WAY LINE Of OLD HWY. N0, 81, FOR THE SOUTHWEST
CORNER OF THE TRACT HEREIN DESCR180;
THENCE, N 08046122" E, A DISTANCE OF 79.49 FT., WITH
THE EAST RIGHT OF WAY LINE OF OLD HWY. N0, 81, TO AN IRUN
.HOD FOUND AT AN ANGLE POINT IN TILE RI011T OF WAY OF OLD
HWY NO. 811 FOR AN ANGLE IN THE WEST LINE OF THIS TRACT;
THENCE, N 140291 E, A DISTANCE OF 67.95 FT., CONTINUING
WITH THE EAST RIGHT OF WAY OF OLD HWY. NO. 61, TO AN IRON
PIPE SET ON THE SOUTH RIGHT OF WAY OF INDUSTRIAL AVF.NUEt
FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE, S 790311 E, A DISTANCE OF 104.70 FT., WITH THE
SOUTH LINE OF INDUSTRIAL AVENUE TO AN IRON PIPE SST FOR THE
P.C. OF A CURVE TO THE LEFT;
THENCE, WITH THE ARC OF SAID CURVE, HAVING AN ARC
LENGTH OF 110.81 FT., A RADIUS OF 598.98 FT., AND A CHORD
WHICH BEARS S 8049' go A DISTANCE OF 110.66 F'T,a TO AN
IRON PIPE SET FOR THE POINT OF TANGENCY;
THENCE, N 89053' E, A DISTANCE OF 501.70 FT., CONTINUING
WITH THE SOUTHERLY LINE OF INDUSTRIAL AVENUE, TO AN IRON
PIPE SET FOR THE A.C. OF A CURVE TO THE LEFT;
THENCE, WITH THE ARC OF THE FORESAID CURVE TO THE LEFT
HAVING AN ARC LENGTH OF 62.73 FT., A RADIUS OF 185.93 FT.,
AND A CHORD WHICH HEARS N 80013' E, A DISTANCE OF 62.44 FT.
TO AN IRON PIPE SET FOR THE POINT OF TANGENCY;
THENCE, N 70033' E, A DISTANCE OF 95.26 FT., CONTINUING
WITH THE SOUTHERLY RIGHT OF WAY OF INDUSTRIAL AVENUE, TO AN
IRON PIPE SET FOR THE POINT OF A CURVE TO THE LEFT;
(SHEET ONE OF TWO)
THENCE, WITH THE ARC OF SAID CURVE TO THE LEFT, HAVING
AN ARC LENGTH OF 168.92 FT., A RADIUS OF 313.15 FT., AND A CHORD
WHICH BEARS N 5500514711 E, A DISTANCE OF 166.88 FT., TO AN
IRON PIPE SET FOR THE POINT OF TANGENCY;
THENCE, N 39038134" E, A DISTANCE OF 575.06 FT.,
CONTINUING WITH THE SOUTHERLY RI011T OF WAY OF INDUSTRIAL AVENUE
TO AN IRON PIPE SET FOR THE MOST NORTHERLY CORNER OF THE TRACT
HEREIN DESCRIBED;
THENCE, S 61055' E, A DISTANCE OF 96.50 FT., LEAVING INDUSTRIAL
AVENUE, TO AN IRON PIPE SET ON THE CURVED SOUTHERLY RIGHT
OF WAY OF A SPUR OF THE GEORGETOWN RAILROAD;
THENCE, WITH THE ARC OF A CURVE TO THE LEFT AND ALONG
THE SOUTHERLY RIGHT OF WAY OF THE GEORGETOWN RAILROAD SPUR
AN ARC LENGTH OF 461.09 FT. A RADIUS OF 471.75 FT. ANO
A CHORD WHICH BEARS N 8990932411 E, A DISTANCE OF 442.95 n"'
TO AN IRON PIPE SET ON THE NORTHERLY RIGHT OF WAY OF THE
GEORGETOWN RAILROAD MAIN TRACK, FOR THE MOST EASTERLY CORNER
OF THIS TRACT;
THENCE, S 370231381' W, A DISTANCE OF 454.94 FT., WITH
THE NORTHERLY RIGHT OF WAY OF GEORGETOWN RAILROAD, IRON PIPE
SET FOR THE P.C. OF CURVE TO THE RIGHT;
THENCE, WITH WE ARC OF T11E SAID CURVE TO RIGHT AN ARC
LENGTH OF 734.48 FT., A RADIUS OF 777.15 FT., AND A CHORD
WHICH BEARS S 63021150" W, A DISTANCE OF 707.45 FT., TO AN
IRON PIPE SET, FOR THE POINT OF TANGENCY;
THENCE, N 880501371' W, A DISTANCE OF 1013.69 FT.,
CONTINUING WITH THE NORTHERLY RIGHT OF WAY OF GEORGETOWN
RAILROAD TO THE PLACE OF BEGINNING, AND CONTAININO 10.83
ACRES OF LAND. .4**v
SURVEYED AUGUST 9, 1983. , f%; 909 9'..
...�....� , Fit
495
•, A
BY: .0L-. G.- FRIAH- REGISTERE2D ��' too$#$
0 Su
FOR FRIAR SURVEYING AND MAPPING INC.
AUSTINg TEXAS
(SHEET TWO OF TWO)
3
AN ORDINANCE AMENDING THE "ZONING ORDINANCE" PASSED AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, ON THE 12TH DAY OF FEBRUARY, 1968, ADDING TO AND
AMENDING A PART OF THE ZONING DISTRICT MAP OF THE
ORIGINAL ORDINANCE: TO CHANGE THE PROPERTY OF
BRYCO, INC., BEING 5.90 ACRES OF LAND OUT OF THE C.
STUBBLEFIELD SURVEY ABSTRACT NO. 558, IN THE CITY OF
GEORGETOWN, TEXAS, FROM R -S SINGLE FAMILY DISTRICT TO
I - INDUSTRIAL DISTRICT AS HEREINAFTER SET FORTH:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN%
WHEREAS, an application has been made to the City Council
for the purpose of changing the zoning ordinance on the following
described real estate:
BEING a 5.90 acre tract of land out of the C.
Stubblefield Survey Abstract No. 558, in the City of
Georgetown, Williamson County, Texas, more fully
described in Exhibit A attached hereto and incorporated
herein by reference;
AND WHEREAS, the City Council has submitted the proposed
change in the Zoning Ordinance to the City Planning Commission
for its recommendation and report; and,
WHEREAS, the City Planning Commission has recommended the
changing of said Zoning Ordinance on the above described property
from R -S SINGLE FAMILY DISTRICT to I - INDUSTRIAL DISTRICT, which
said meeting was held on the 6th day of September, 1983; and,
WHEREAS, the City Council, before adopting this amendment to
the Zoning Ordinance, gave notice of such hearing by publishing
same in a weekly newspaper in the City of Georgetown, Texas,
which notice stated the time and place of hearing and which time
was not earlier than fifteen days from the first day of such
publication; and
WHEREAS, written notice was given to all of the owners of
the lots within 200 feet of the above described property as
required by law; and
WHEREAS, the City Planning Commission approved the change
aforesaid in the Zoning Ordinance, said approval being given by
said Commission on September 68 1983.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Georgetown, Texas, that the Zoning Ordinance, and the
Zoning Map of the City of Georgetown, be added to and amended so
that the property described above shall be and the same is hereby
removed from R -S SINGLE FAMILY DISTRICT to I - INDUSTRIAL
DISTRICT.
READ, PASSED AND ADOPTED this 21st day of September, 1983,
on the first reading.
READ, PASSED AND ADOPTED this 3rd day of October, 1983, on
the second reading.
JOHN C. DOERFLER, MAYOR
CITY OF GEORGETOWN
ATTESTS
JIM COLBERT, CITY SECRETARY
APPROVED AS TO FORM:
JOE B. MCMASTER,
CITY ATTORNEY
c,*-., „ G H".t'46-.n
b3-3(- I Qs3 ;
EXHIBIT A
FIELD NOTE DESCRIPTION
OF 5.90 ACRES OF LAND
OUT OF THE C. STUBBLEFI" SURVEY ABS. f 558
IN WILLIAMSON COUNTY, TEXAS
BEING A PART OF SUPERIOR STONE PRODUCTS, INC.,
RECORDED IN VOLUME 507 AT PACE 649, OF THE DEED
RECORDS OF WILLIAMSON COUNTY TEXAS, SAID 5.90
ACRE TRACT BEING DESCRIBED 13Y METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT AN IRON ROD FOUND AT THE SOUTHWEST
CORNER OF WICKS LUMBER COMPANY TRACT RECORED IN VOLUME
446 AT PACE 696 OF THE FORESAID DEED RECORDS FOR THE
NORTHWEST CORNER OF THE TRACT HEREIN DESCRIAEA;
THENCE, S 8805110711 E, A DISTANCE OF 626.20 FT., WITH
THE SOUTH LINE OF WICKS LUMBER COMPANY AS FENCED TO AN
IRON PIPE SET FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE, S 00053154" W, A DISTANCE OF 258.47 FT.,
TO AN IRON PIPE SET IN THE CENTER LINE OF THE OEORGETOWN
RAILROAD FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE, WITH THE ARC OF A CURVE, TO THE LEFT, WHICH
HAS A RADIUS OF 881.48 FT. AN ARC LENGTH OF 931.95
FT., CENTRAL ANGLE OF 60054134", A CHORD WHICH BEARS
S 58008145" W, A DISTANCE OF 889.14 FT., TO AN IRON
PIPE SET IN THE CENTER LINE OF THE FORESAID RAILROAD,
FOR THE SOUTHWEST CORNER OF THIS TRACT;
THENCE, N 100 12106" E,
TO THE PLACE OF BEGINNING,
ACRES OF LAND.
SURVEYED AUGUST 9, 1983.
A DISTANCE OF 752.13 FT.,
AND CONTAINING 5.90
FOM
• R , T y 1 1546
�•.��o�stcat'q+�
FOR FRIAR SURVEYING AND MAPPING INC.,
AUSTIN, TEXAS.
AN ORDINANCE AMENDING THE "ZONING ORDINANCE" PASSED AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, ON THE 12TH DAY OF FEBRUARY, 1968, ADDING TO AND
AMENDING A PART OF THE ZONING DISTRICT MAP OF THE
ORIGINAL O R D I N A NCE s TO CHANGE THE PROPERTY OF
GEORGETOWN RAILROAD, BEING TWO TRACTS OF LAND AS
FOLLOWS: 24.24 ACRES OUT OF THE RUIDOSO IRRIGATION
SURVEY NO. 207 AND 2.11 ACRES OUT OF THE C.
STUBBLEFIELD SURVEY ABSTRACT NO. 558 AND THE RUIDOSO
IRRIGATION SURVEY NO. 207, IN THE CITY OF GEORGETOWN,
TEXAS, FROM R -S SINGLE FAMILY DISTRICT TO
I - INDUSTRIAL DISTRICT AS HEREINAFTER SET FORTH:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN:
WHEREAS, an application has been made to the City Council
for the purpose of changing the zoning ordinance on the following
described real estate:
Being two tracts of land as follows:
Tract I:
BEING a 24.24 acre tract of land out of the Ruidoso
Irrigation Survey No. 207, in the City of Georgetown,
Williamson County, Texas, and
Tract II:
BEING a 2.11 acre tract of land out of the C.
Stubblefield Survey Abstract No. 558 and the Ruidoso
Irrigation Survey No. 207, in the City of Georgetown,
Williamson County, Texas;
said tracts being more fully described in Exhibit A
attached hereto and incorporated herein by reference;
AND WHEREAS, the City Council has submitted the proposed
change In the Zoning Ordinance to the City Planning Commission
for its recommendation and report; and,
WHEREAS, the City Planning Commission has recommended the
changing of said Zoning Ordinance on the above described property
from R -S SINGLE FAMILY DISTRICT to I - INDUSTRIAL DISTRICT, which
said meeting was held on the 6th day of September, 1983; and,
WHEREAS, the City Council, before adopting this amendment to
the Zoning Ordinance, gave notice of such hearing by publishing
same in a weekly newspaper in the City of Georgetown, Texas,
which notice stated the time and place of hearing and which time
was not earlier than fifteen days from the first day of such
publication; and
WHEREAS, written notice was given to all of the owners of
the lots within 200 feet of the above described property as
required by law; and
WHEREAS, the City Planning Commission approved the change
aforesaid in the Zoning Ordinance, said approval being given by
said Commission on September 6, 1983.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Georgetown, Texas, that the Zoning Ordinance, and the
Zoning Map of the City of Georgetown, be added to and amended so
that the property described above shall be and the same is hereby
removed from R -S SINGLE FAMILY DISTRICT to I - INDUSTRIAL
DISTRICT.
READ, PASSED AND ADOPTED this 21st day of September, 1983,
on the first reading.
3
READ, PASSED AND ADOPTED this 3rd day of October, 1983, on
the second reading.
JOHN C. DOERFLER, MAYOR
CITY OF GEORGETOWN
ATTEST:
JIM COLBERT, CITY SECRETARY
APPROVED AS TO FORM:
JOE B. MCMASTER,
CITY ATTORNEY
y
EXHIBIT A
TRACT I
FIELD NOTE DESCRIPTION
OF 24.24 ACRES OF LAND
OUT OF THE RUIDOSO IRRIGATION SURVEY N0, 207
IN WILLIAMSON COUNTY, TEXAS
BEING THE SAME tRACT AS SHOWN ON A PLAT AS TRACT
ONE OF GEORGETOWN INDUSTRIAL PARK SOUTH-WEST PHASE
SECTION ONE RECORED IN CABINET "E", SLIDES 155
THOUROH 159 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 24.24 ACRES OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS1
BEGINNING AT AN IRON PIPE SET AT THE SOUTHWEST
INTERSECTION POINT OF OLD HWY NO. 81, AND THE GEORGE -TOWN
RAILROAD FOR THE NORTHWEST CORNER OF THE TRACT HEREIN
DESCRIBED;
THENCE, S 140291 W A DISTANCE OF 135.02 FT. WITH
THE WESTERLY MARGIN OF OU HWY. NO, 81, TO AN IRON IPS
FOR AN ANGLE POTIT IN THE FORESAID R.O.W.;
THENCE, S 10054125" W, A DISTANCE OF 400.78 FT.,
TO A CONCRETE HWY.MARKER FOR AN ANGLE POINT IN THE SAID
WESTERLY R.O.W. FOR AN ANGLE IN THE EASTERLY LINE
OF THIS TRACT;
THENCE, S 140291 W A DISTANCE OF 118.62 FT., `10
AN IRON PIPE SET FOR THE AOUTHEAST CORNER OF THIS TRACT;
THENCE, S 790521591 W, A DISTANCE OF 897.08 F'1'-,
LEAVING THE R.O.W. OF OLD HWY. NO. 81, TO AN IRON PIPE SET
FOR AN ANGLE POINT IN THE SOUTH LINE OF THIS TRACT;
THENCE, 3 69037159" W, A DISTANCE OF 295.67 Me
TO AN IRON PIPE SET FOR AN ANGLE POINT;
THENCE, N 80037101" W, A DISTANCE OF 349.25 FT.j
TO AN IRON PIPE SET IN THE EASTERLY R.O.W. LINE OF THE
GEORGETOWN RAILROAD FOR THE SOUTHWEST CORNER OF THIS
TRACT;
THENCE, N 11010142" E, A DISTANCE OF 193.31 FT.,
WITH THE EASTERLY R.Q.W. OF THE GEORGETOWN RAILROAD '1'0 AN
IRON ROD FOUND FOR THE POINT OF CURVE, TO THE RIGHT, OF THE
FORESAID RAILROAD R.O.W.;
(SHEET ONE OF TWO)
THENCE, WITH THE ARC OF THE �ORESAID CURVE TO THE
RICHT, HAVING A RADIUS OF 831.48 FT.j A CENTRAL ANGLE OF 75033''2011
AN ARC LENGTH OF 11096.47 FT., AND A CHORD WHICH BEARS
N 56007#1611 Et A DISTANCE OF 1,018.73 FT., TO AN IRON PIPE SET
MR THE POINT of TANGENCY OF SAID CURVE;
THENCE, S 88049#57" El A DISTANCE OF 779.56 FT.,
WITH THE SOUTHERLY R.O.W. OF THE GEORGETOWN RAILROAD TO THE
PLACE OF BEGINNING AND CONTAINING 24.24 ACRES OF LAND.
SURVEYED AUGUST 9, 1983.
of
A 36Q6 v
sUL. G. FRIAR I REGISTERED -PUBLIC SURVMR # 1505K
FOR FRIAR SURVEYING AND MAPPING INQ.
AUSTIN, TEXAS
(SHECT TWO OF TWO)
EXHIBIT A
TRACT II
FIELD NOTE DESCRIPTION
OF 2.11 ACRES OF LAND
OUT OF THE C. STUBBLEFIELD SURVEY ABS. 0 558'
AND RUIDOSO IRRIGATION SURVEY f 207
S
IN WILLIAMSON COUNTY, TEXAS
BEING THAT PORTAIN OF'THE GEORGETOWN RAILROAD LAND LYING
BETWEEN THE SUPERIOR STONE TRACT AND THE BRYCO INC.,
TRACT ON THE NORTH AND THE GEORGETOWN INDUSTRIAL PARK
SOUTH-WEST PHASE SECTION ONE, ON THE SOUTH SAID 2.11
ACRE TRACT BEING MORE PARTICULARLY DESCRIRD BY METES
AND 90UNDS AS FOLLOWS;
BEGINNING AT AN IRON PIPE ON THE SOUTHLINE OF GEORGETOWN
RAILROAD AND ON THE WEST LINE OF OLD HWY, NO, 811 FOR THE
SOUTHEAST CORNER OF THIS TRACT;
THENCE, N 8804915711 Wr A DISTANCE OF 779.56 FT., WITH THE
SOUTH LINE OF GEORGETOWN RAILROAD TO A POINT OF CURVE TO '7H4
LEFT;
THENCE, WITH THE ARC OF THE FORESAID CURVE TO THE LEFT,
HAVING A RADIUS OF 931.48 FT., A CENTRAL ANGLE OF 7593312011,
AN ARC LENGTH OF 1096.47 FT., AND A CHORD WHICH BEARS
S 5600711611 W, A DISTANCE OF 1018,73 FT., TO AN IRON 000 ,(SOUND
FOR A CORNER OF THIS TRACT;
THENCE, N 394414311 E, A DISTANCE OF 150.55 FT., TO AN
IRON PIPE IN THE CENTERLINE OF THE GEORGETOWN RAILROAD, FOR
THE NORTHWEST CORNER OF THIS TRACT;
THENCE, WITH A CURVE TO THE RIGHT WHICH HAS A RADIUS OF
881.48, AN ARC LENGTH OF 1016.04 FT., A CENTRAL ANGLE OF
6600213211, AND A CHORD WHICH BEARS N 609521421/ E A DISTANCE
OF 960.72 FT., TO AN IRON ROD FOUND FOR THE POIN+ OF TANGENCY;
THENCE, S 88949157!1 Er A DISTANCE OF 785.89 FT., WITH
THE CENTERLINE OF THE SAID RAILROAD TO AN IRON PIPE IN THE
WEST LINE OF OLD HWY, NO, 81l FOR THE NORTHEAST CORNER
OF THIS TRACT;
THENCE, S 1095910311 W1 A DISTANCE OF 50.70 FT., WITH
THE WEST LINE OF OLD W. 81, TO THE PLACE OF =INNING,
AND CONTAINING 2.11 ACRES OF LAND.
SURVEYED AUGUST 91 7983,
0
BY: -
FRIAR, D PUBLIC 5URVE 0 1 1505
FOR FRIAR SURVEYING AND MAPPING INC.,
AUSTIN, TEXAS
AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF
GEORGETOWN, TEXAS, AND THE ANNEXATION OF CERTAIN
TERRITORY CONSISTING OF 5.47 ACRES OF LAND,
WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT BOUNDARY LIMIT OF THE CITY
OF GEORGETOWN, TEXAS.
WHEREAS, two public hearings by the City Council of the City
of Georgetown, Texas, where all interested persons were provided
with an opportunity to be heard on the proposed annexation of
that certain tract of land located in Williamson County, Texas
consisting of 5.47 acres, were held, the first being at City
Hall on the 29th day of August, 1983, and the second hearing
being in the area proposed to be annexed on the 1st day of
September, 19831 and
WHEREAS, notices of such public hearings were published
according to law in a newspaper having general circulation in the
City of Georgetown, Texas, and in the herein described territory
to be annexed on the 18th day of August, 1983, for the first
such hearing, which date is not more than 20 days nor less than
10 days prior to that hearing, and on the 18th day of August,
1983, for the second hearing, which date is not more 20 days nor
less than 10 days prior to said hearing; and
WHEREAS, the total corporate area of the City of Georgetown,
Texas on the 1st day of January, 1983 was 4,054.7 acres; and
WHEREAS, the population of the City of Georgetown, Texas is
9,468 inhabitants; and
WHEREAS, all the herein described territory lies within the
extra -territorial jurisdiction of the City of Georgetown, Texas;
and
WHEREAS, the herein described territory lies adjacent and
contiguous to the City of Georgetown, Texas; and
WHEREAS, the herein described territory contains 5.47
acres; and
WHEREAS, the owner of such property has requested annexation
by the City of Georgetown; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
Section 1. The following described land and territory lying
adjacent and contiguous to the City of Georgetown, Texas is
hereby added and annexed to the City of Georgetown, Texas and
said territory hereinafter described shall hereafter be included
in the boundary limits of the City of Georgetown, Texas and the
present boundary limits of said City at the various points
contiguous to the area hereinafter described are altered and
amended so as to include said area within the corporate limits of
the City of Georgetown, Texas, to -wits
BEING that certain tract and parcel of land described
in Exhibit A attached hereto and incorporated herein by
reference for all purposes.
Section 2. The above described territory and the area so
annexed shall be a part of the City of Georgetown, Texas and the
property so added hereby shall bear its pro -rata share of the
taxes levied by the City of Georgetown, Texas and inhabitants
thereof shall be entitled to all the rights and privileges of all
the citizens and shall be bound by the acts, ordinances,
resolutions and regulations of the City of Georgetown, Texas.
E��3� �gfS31
PASSED AND APPROVED on first reading on this 21st day of
September, 1983.
PASSED AND APPROVED on final reading on this 3rd day of
October, 1983.
JOHN C. DOERFLER,
ATTEST:
JIM COLBERT, CITY SECRETARY
APPROVED:
JOE B. MCMASTER, CITY ATTORNEY
PLAN OF SERVICE FOR SUPERIOR STONE TRACT
A. POLICE PROTECTION
Upon annexation the Georgetown Polite Department will provide regular and routine
patrols in the area as a part of its overall patrol activities. The department
will respond to any calls for assistance.
B. FIRE SERVICE
Fire service is now being provided to the area and will continue to be provided
by the present personnel and equipment of the fire fighting force.
C. WATER SERVICE
Is now available in this general area and will be provided to the boundary of the
tract upon request and in accordance with rates, terms and conditions contained
in the Georgetown City Code and the City of Georgetown Zoning and Subdivision_
Ordinances and depending upon the costs to the City to provide same.
D. SEWER SERVICE
Is now available in this general area and will be provided to the boundary of the
tract upon request and in accordance with rates, terms and conditions contained
in the Georgetown City Code and the City of Georgetown Zoning and Subdivision
4 . Ordinances and depending upon the costs to the City to provide same.
E. REFUSE COLLECTION
Service will be provided upon annexation in accordance with rates, terms and
conditions contained in the Georgetown City Code.
F. INSPECTION SERVICES
All inspection services (for example, building electrical, plumbing, etc.) provided
by the City will be extended to this area on the effective date of annexation.
G. PLANNING AND ZONING
The Planning & zoning jurisdiction of the City will extend to this area on the
effective date of annexation. The zoning will be I - Industrial District unless
requested otherwise.
H. STREETS, STREET LIGHTING, RECREATION, LIBRARY SERVICES
In accordance with the fact that the area proposed to be annexed is Vacant Land
which does not have any permanent residents or public streets, the above mentioned
services are not applicable to this area.
I. MISCELLANEOUS
Any other japplicable municipal services will be provided to the area in accordance
with policies established by the City of Georgetown.
I
EXHIBIT A
FIELD NOTE DESCRIPTION
OF 5.47 ACRES OF LAND
OUT OF THE C. STUBBLEFIELD SURVEY ABS. #558
AND RUIDOSO IRRIGATION SURVEY # 207
IN WILLIAMSON COUNTY, TEXAS
BEING A PART OF SUPERIOR STONE PRODUCTS INC., RECORDED
IN VOLUME 5071 AT PAGE 649, OF THE DEED RECORDS OF
WILLIAMSON, COUNTY TEXAS, SAID 5.47 ACRES OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT AN IRON ROD FOUND AT THE SOUTHEAST CORNER
OF WICKS LUMBER COMPANY TRACT RECORDED IN VOLUME 446 AT PACE
696, OF THE FORESAID DEED RECORDS, ALSO BEING THE NORTHEAST
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE, S 14039120" W, A DISTANCE OF 108.61 FT., TO AN
ANGLE POINT IN THE WESTERLY LINE OF OLD HWY N0, 81;
THENCE, S 23056140" W, A DISTANCE OF 166.13 FT., WITH
THE WESTERLY LINE OF OLD HWY. N0. 81, TO ASV IRON PIPE SET
IN THE CENTERLINE OF THE GEORGETOWN RAILROAD FOR THE SOUTHEAST
CORNER OF THIS TRACT;
THENCE, N 88049157" W, A DISTANCE OF 785.89 FT., WITH THE
CENTERLINE OF THE FORESAID RAILROAD TO A RAILROAD SPIKE FOUND FOR
THE POINT OF CURVE TO THE LEFT;
THENCE, WITH THE FORESAID CURVE TO THE LEFT WHICH HAS
AN ARC LENGTH OF 84.09 FT., A CENTRAL ANGLE OF 502715711i
A RADIUS OF 881.48 FT., AND A CHORD WHICH BEARS N 88050102" W,
A DISTANCE OF 84.06 FT., TO AN IRON PIPE SET FOR THE SOUTH-
WEST CORNER;
THENCE, N 00053154t1 E, A DISTANCE OF 258.47 FT.,
TO AN IRON PIPE SET IN THE SOUTH LINE OF THE FORESAID WICK
LUMBER COMPANY TRACT, FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE, S 88051107" E, A DISTANCE OF 960.81 FT., WITH THE EAST
LINE OF WICKS LUMBER COMPANY TRACT TO THE PLACE OF BEGINNING,
AND CONTAINING 5.47 ACRES OF LAND.
SURVEYED AUGUST 91 1983.
BY: •%�
A, REGISTERED 5
FOR FRIAR SURVEYING AND MAPPING INC.,
AUSTIN, TEXAS.
AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF
GEORGETOWN, TEXAS, AND THE ANNEXATION OF CERTAIN
TERRITORY CONSISTING OF TWO TRACTS OF LAND,
TRACT ONE BEING 24.24 ACRES AND TRACT TWO BEING
2.11 ACRES, WHICH SAID TERRITORY LIES ADJACENT
TO AND ADJOINS THE PRESENT BOUNDARY LIMIT OF THE
CITY OF GEORGETOWN, TEXAS.
WHEREAS, two public hearings by the City Council of the City
of Georgetown, Texas, where all interested persons were provided
with an opportunity to be heard on the proposed annexation of
certain tracts of land located in Williamson County, Texas
consisting of 24.24 acres and 2.11 acres, were held, the first
being at City Hall on the 29th day of August, 1983, and the
second hearing being in the area proposed to be annexed on the
1st day of September, 1983; and
WHEREAS, notices of such public hearings were published
according to law in a newspaper having general circulation in the
City of Georgetown, Texas, and in the herein described territory
to be annexed on the 18th day of August, 1983, for the first
such hearing, which date is not more than 20 days nor less than
10 days prior to that hearing, and on the 18th day of August, 1983, for the second hearing, which date is not more 20 days nor
less than 10 days prior to said hearing; and
WHEREAS, the total corporate area of the City of Georgetown,
Texas on the lst day of January, 1983 was 4,054.7 acres; and
WHEREAS, the population of the City of Georgetown, Texas is
9,468 inhabitants; and
WHEREAS, all the herein described territory lies within the -
extra -territorial jurisdiction of the City of Georgetown, Texas;
and
WHEREAS, the herein described territory lies adjacent and
contiguous to the City of Georgetown, Texas; and
WHEREAS, the herein described territory contains two tracts
of land, one being 24.24 acres and one being 2.11 acres; and
WHEREAS, the owner of such property has requested annexation
by the City of Georgetown= now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
Section 1. The following described land and territory lying
adjacent and contiguous to the City of Georgetown, Texas is
hereby added and annexed to the City of Georgetown, Texas and
said territory hereinafter described shall hereafter be included
in the boundary limits of the City of Georgetown, Texas and the
present boundary limits of said City at the various points
contiguous to the area hereinafter described are altered and
amended so as to include said area within the corporate limits of
the City of Georgetown, Texas, to -wit:
BEING those certain tracts and parcels of land
described as Tracts One and Two in Exhibit A attached
hereto and incorporated herein by reference for all
purposes.
Section 2. The above described territory and the area so
annexed shall be a part of the City of Georgetown, Texas and the
property so added hereby shall bear its pro -rata share of the
taxes levied by the City of Georgetown, Texas and inhabitants
thereof shall be entitled to all the rights and privileges of all
the citizens and shall be bound by the acts, ordinances,
resolutions and regulations of the City of Georgetown, Texas.
G� K oter.,
�j -oa(i
11 J16 /78:
PASSED AND APPROVED on first reading on this 21st day of
September 1983
PASSED AND APPROVED on final reading on this 3rd day of
October 1983
JOHN C DOERFLER
ATTEST%
JIM COLBERT CITY SECRETARY
APPROVED%
JOE B MCMASTER CITY ATTORNEY
2
AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF
GEORGETOWN, TEXAS, AND THE ANNEXATION OF CERTAIN
TERRITORY CONSISTING OF 27.33 ACRES OF LAND,
WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT BOUNDARY LIMIT OF THE CITY
OF GEORGETOWN, TEXAS.
WHEREAS, two public hearings by the City Council of the City
of Georgetown, Texas, where all interested persons were provided
with an opportunity to be heard on the proposed annexation of
that certain tract of land located in Williamson County, Texas
consisting of 27.33 acres, were held, the first being at City
Hall on the 29th day of August, 1983, and the second hearing
being in the area proposed to be annexed on the let day of
September, 1983; and
WHEREAS, notices of such public hearings were published
according to law in a newspaper having general circulation in the
City of Georgetown, Texas, and in the herein described territory
to be annexed on the 18th day of August, 1983, for the first
such hearing, which date is not more than 20 days nor less than
10 days prior to that hearing, and on the 18th day of August,
1983, for the second hearing, which date is not more 20 days nor
Tess than 10 days prior to said hearings and
WHEREAS, the total corporate area of the City of Georgetown,
Texas on the let day of January, 1983 was 4,054.7 acres; and
WHEREAS, the population of the City of Georgetown, Texas is
9,468 inhabitants; and
WHEREAS, all the herein described territory lies within the
extra -territorial jurisdiction of the City of Georgetown, Texas;
and
WHEREAS, the herein described territory lies adjacent and
contiguous to the City of Georgetown, Texas; and
WHEREAS, the herein described territory contains 27.33
acres; and
WHEREAS, the owner of such property has requested annexation
by the City of Georgetown; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
Section 1. The following described land and territory lying
adjacent and contiguous to the City of Georgetown, Texas is
hereby added and annexed to the City of Georgetown, Texas and
said territory hereinafter described shall hereafter be included
in the boundary limits of the City of Georgetown, Texas and the
present boundary limits of said City at the various points
contiguous to the area hereinafter described are altered and
amended so as to include said area within the corporate limits of
the City of Georgetown, Texas, to -wits
BEING that certain tract and parcel of land described
in Exhibit A attached hereto and incorporated herein by
reference for all purposes.
Section 2. The above described territory and the area so
annexed shall be a part of the City of Georgetown, Texas and the
property so added hereby shall bear its pro -rata share of the
taxes levied by the City of Georgetown, Texas and inhabitants
thereof shall be entitled to all the rights and privileges of all
the citizens and shall be bound by the acts, ordinances,
resolutions and regulations of the City of Georgetown, Texas.
GMK ot-C W'tg wp
{;1-q+ 14g3
PASSED AND APPROVED on first reading on this 21st day of
September 1983
PASSED AND APPROVED on final reading on this 3rd day of
October 1983
JOHN C DOERFLER
ATTESTs
JIM COLBERT CITY SECRETARY
APPROVED:
JOE B MCMASTER CITY ATTORNEY
2
EXHIBIT A
FIELD NOTE DESCRIPTION
OF 27.33 ACRES OF LAND
OUT OF THE RUIDOSO IRRIGATION SURVEY NO. 207
AND L. J. DYCHES SURVEY ABSTRACT NO. 180
IN WILLIAMSON COUNTY, TEXAS
BEING THE SAME TRACT AS SHOWN ON A PLAT AS TRACT
TWO OF GEORGETOWN INDUSTRIAL PARK SOUTH-WEST
PHASE SECTION ONE RECORDED IN CABINET "E", SLIDES
155 THROUGH 159 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 27.33 ACRES OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT AN IRON PIPE SET IN THE WEST MARGIN
OF OLD HWY. # 81, FOR THE NORTHEAST CORNER OF THE TRACT
HEREIN, SAID IRON PIPE BEARS S 14029' W, A DISTANCE OF
135.02 FT., S10054125" W, A DISTANCE OF 400.78 FT., AND
S 14029'W, A DISTANCE OF 118.62 FT., FROM AN IRON PIPE
AT THE SOUTHWEST INTERSECTION OF OLD HWY. # 81, AND THE
GEORGETOWN RAILROAD;
THENCE, S 14029' W, A DISTANCE OF 760.00 FT., WITH THE
WEST MARGIN OF OLD HWY. # 81, TO AN IRON PIPE SET FOR TILE
SOUTHEAST CORNER OF THIS TRACT;
THENCE, N 759311 W, A DISTANCE OF 220.00 FT., TO
AN IRON PIPE SET FOR AN ANGLE IN THE SOUTH LINE OF THIS
TRACT;
THENCE, S 66031151" W, A DISTANCE OF 612.84 FT., TO
AN IRON PIPE SET FOR AN ANGLE POINT IN THE FORESAID SOUTH
LINE OF THIS TRACT;
THENCE, S 74051134" W, A DISTANCE OF 808.41 FT., TO
AN IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THIS TRACT,
ALSO BEING ON THE EAST R.O.W LINE OF THE GEORGETOWN
RAILROAD;
THENCE, N 1018'59" W, A DISTANCE OF 23.36 FT., WITH
THE EASTERLY R.O.W. OF GEORGETOWN RAILROAD, TO AN
IRON PIPE FOR AN ANGLE POINT;
THENCE, N 7054' E, A DISTANCE OF 194.53 FT., CONTINUING
WITH THE EASTERLY R.O.W. OF GEORGETOWN RAILROAD TO AN
IRON PIPE SET FOR ANGLE POINT;
THENCE, N 13001159" E, A DISTANCE OF 783.44 FT.,
CONTINUING WITH THE EASTERLY R.O.W. OF GEORGETOWN
RAILROAD SET FOR A FLAIR CORNER IN THE RIGHT OF WAY LINE;
THENCE, N 20°11'10" E, A DISTANCE OF 53.97 F1'.,
TO AN IRON PIPE SET FOR AN ANGLE POINT IN THE LINE;
THENCE, N 11°10'42" E, A DISTANCE OF 3.62 FT., TO
AN IRON PIPE SET FOR THE NORTHWEST CORNER OF THIS TRACT;
(SHEET ONE OF TWO)
p
THENCE, S 8003710111 E, A DISTANCE OF 349.25 FT., TO AN
IRON PIPE SET FOR CORNER;
THENCE, N 89°37 59" E, A DISTANCE OF 295.6( FT., TO
AN IRON PIPE SET FOR CONKER;
THENCE, N 79052159" E, A DISTANCE OF 897.08 FT., TO
THE PLACE OF BEGINNINO, AND CONTAINING 27.33 ACRES OF LAND,
SURV
BY:
AUSTIN, TEXAS
(SHEET TWO OF TWO)
PLAN OF SERVICE FOR SUMMEY TRACT
A. POLICE PROTECTION
Upon annexation the Georgetown Police Department will provide regular and routine
patrols in the area as a part of its overall patrol activities. The department
will repond to any calls for assistance.
B. FIRE SERVICE
Fire service is now being provided to the area and will continue to be provided
by the present personnel and equipment of the fire fighting force.
C. WATER SERVICE
Is presently being provided and will continue to be provided upon annexation in
accordance with rates, terms and conditions contained in the Georgetown City Coda.
D. SEWCR SERVICE
Is presently being provided and will continue to be provided upon annexation in
accordance with rates, terms and conditions contained in the Georgetown City Code.
E. REFUSE COLLECTION
Services will be provided upon annexation in accordance with rates, terms and
conditions contained in the Georgetown City Code.
F. INSPECTION SERVICES
All inspection services (for example, building electrical, plumbing, etc.) provided
by the City will be extended to this area on the effective date of annexation.
G. PLANNING AND ZONING
The Planning & 'Zoning jurisdiction of the City will extend to this area on the
effective date of annexation. The zoning will be I - Industrial District unless
requested otherwise.
H. STREETS, STREET LIGHTING, RECREATION, LIBRARY SERVICES
In accordance with the fact that the area proposed to be annexed is an Industrial
Facility which does not have any permanent residents or public streets, the above
mentioned services are not applicable to this area.
I. MISCELLANEOUS
Any other applicable municipal services will be provided to the area in accordance
with policies established by the City of Georgetown.
5
ORDINANCE
AN ORDINANCE AMENDING THE "ZONING ORDINANCE" PASSED AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, ON THE 12TH DAY OF FEBRUARY, 1968, AMENDING A
PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE:
TO CHANGE THE PROPERTY OF LLOYD 0. STEGER, JR., AT 1940
SOUTH AUSTIN AVENUE, BEING 1.83 ACRES, A PART OF OUTLOT 4,
DIVISION A, A PART OF THE CITY OF GEORGETOWN CONVEYED TO
LLOYD 0. STEGER, JR., ET AL., BY DEED AS RECORDED IN VOLUME
595, PAGE 679 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS, FROM RM MULTI -FAMILY DISTRICT TO C2A COMMERCIAL
DISTRICT AS HEREAFTER SET FORTH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS:
WHEREAS, an application has been made to the City Council for the purpose
of changing the zoning ordinance on the following described real estate:
Being 1.83 acres part of Outlot 4 of Division A of
the City of Georgetown.
AND WHEREAS, the City Council has submitted the proposed change in the
Zoning Ordinance to the City Planning Commission for its recommendation and
report; and,
WHEREAS, the City Planning Commission has recommended the changing of said
Zoning Ordinance on the above described property from RM Multi -Family District
to C2A Commercial District, which said meeting was held on the 6th day of Sept.,
1983; and,
WHEREAS, the City Council, before adopting this amendment to the Zoning
Ordinance, gave notice of such hearing by publishing same in a weekly newspaper
in the City of Georgetown, Texas, which notice stated the time and place of
hearing and which time was not earlier than fifteen days from the first day of
such publication, and
WHEREAS, written notice was given to all of the owners of the lots within 200
feet of the above described property as required by law; and
WHEREAS, the City Planning Commission approved the change aforesaid in the
Zoning Ordinance, said approval being given by said Commission on Sept. 6th, 1983.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Georgetown,
Texas that the Zoning Ordinance, and the Zoning Map of the City of Georgetown, be
amended so that the property described above shall be and the same is hereby removed
from RM Multi -Family District to C2A Commercial District.
Read, passed and adopted this_ _3_day of -S'er-W t -a , 1911_, on the
first reading.
Read, passed and adopted this_day of .jf obpj/ , 19on the
second reading.
ATTEST:
JIM COLBERT
CITY SECRETARY
APPROVED AS TO FORM:
JOE B. McMASTER
CITY ATTORNEY
JOHN C. DOERFLER, MAYOR
CITY OF GEORGETOWN
C �, ,f Cf -4-9
PERIMETER FIELD NOTES:
BEING 1.83 acres of land out of Outlot 4, Division A to the City of
Georgetown; said land being out of that certain 3.14 -acre tract conveyed
to Lloyd 0. Steger, Jr., et al., of record in Volume 595, Page 679,
Deed Records of Williamson County, Texas, and described more fully
as follows:
BEGINNING at the most northerly N.E. corner of the said 3.14 -acre
tract, for the N E. corner hereof;
THENCE, along the North line of the said 3.14 -acre tract as follows:
West, 161.00 feet to an iron pin;
S 4° 30' E. 39.00 feet to an iron pin; and
S 85° 41' W, 176.28 feet to an iron pin,
for the N.W. corner hereof;
THENCE, S 23° 29' W. 182.77 feet to an iron pin, for the S.W. corner
hereof;
THENCE, S 66° 31' E, 270.00 feet to an iron pin, for the S.E. corner
hereof;
THENCE, along the East line of the said 3.14 -acre tract as follows:
N 23° 29' E, 115.00 feet to an iron pin;
N 22° 49' E, 63.30 feet to an iron pin,
S 670 02' E, 55.93 feet to an iron pin; and
N 11° 18' E. 189.04 feet to the place of
BEGINNING and containing 1.83 acres of
land.
�"C 23
AN ORDINANCE PROVIDING FOR THE RETRACTION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF GEORGETOWN, TEXAS, AND
THE DISANNEXATION OF CERTAIN TERRITORY CONSISTING OF
5.47 ACRES OF LAND WHICH SAID TERRITORY LIES ADJACENT
TO AND ADJOINS THE PRESENT BOUNDARY LIMIT OF THE CITY
OF GEORGETOWN, TEXAS.
WHEREAS, a public hearing by the City Council of the City of
Georgetown, Texas, where all interested persons were provided
with an opportunity to be heard on the proposed disannexation of
said tract of land was held on November 23, 1983; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
Section 1. The following described land and territory lying
adjacent to and adjoining the City of Georgetown, Texas, is
hereby disannexed from the City of Georgetown, Texas, and said
territory hereinafter described shall no longer be included
within the boundary limits of the City of Georgetown and the
present boundary limits of such City, at the various points
contiguous to the area hereinafter described, are altered and
amended so as to exclude said area from the corporate limits of
the City of Georgetown, Texas, to -wits
BEING that certain tract of land described on Exhibit
"A" attached hereto and made a part hereof for all
purposes.
Section 2. The above described territory and the area so
disannexed shall cease to be a part of the City of Georgetown,,
Texas, and the property so disannexed shall no longer be
required to bear a pro -rata share of the taxes levied by the City
of Georgetown, Texas, and the inhabitants thereof shall no longer
be entitled to all the rights and privileges of Georgetown
citizens.
PASSED AND APPROVED on first reading on this � day of
Cks , 1983.
PASSED AND APPROVED on second reading on this .g_l day of
20. C _ _, 19 8 .
I— r, (Z)"- � �' ,
J HN C. DOERF R,
MAYOR
ATTEST
�/O(o L
P
CITY SECRETARY
APPROVED:
JOE B. MCMASTER,
CITY ATTORNEY
u�'40F (Jtor4�
EXHIBIT A
FIELD NOTE DESCRIPTION
OF 5.47 ACRES OF LAND
OUT OF THE C. STUBBLEFIELD SURVEY ABS. +558
AND RUIDOSO IRRIGATION SURVEY #► 207
IN WILLIAMSON COUNTY, TEXAS
BEING A PART OF SUPERIOR STONE PRODUCTS INC., RECORDED
IN VOLUME 5071 AT PAGE 649, OF THE DEED RECORDS OF
WILLIAMSUN, COUNTY TEXAS, SAID 5.47 ACRES OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS.
BEGINNING AT AN IRON ROD FOUND AT THE SOUTHEAST CURNER
OF WICKS LUMBER CUMPANY TRACT RECORDLD IN VOLUME 446, AT PAGE
6961 OF THE FORESAID DEED RECORDS, ALSO BEING TNF NORTHEAST
CORNER OF THE TRACT HEREIN DESCRIBED,
THENCE, S 14039120" W, A DISTANCE OF 108.61 Ft'., PO AN
ANGLE POINT IN THE WLSTEHLY LINE OF ULD HWY NO. 81,
THENCE, S 23056140" W, A DISTANCE OF 166.13 F'T., WITH
THE WESTERLY LINE OF OLD HWY. NO. 81, TO AN IRON PIPE Sel'
IN THE CENTERLINE OF THE GEORGETOWN RAILROAD FOR THE SOUTHEAST
CORNER OF THIS TRACT;
THENCE, N 88049'57" W, A DISTANCE OF 785.89 FT., WITH THE
CENTERLINE OF THE FORESAID RAILROAD TO A RAILROAD SPIKE FOUND FOR
THE POINT OF CURVE TO THE LEFT;
THENCE, WITH THE FORESAID CURVE TO THE LEFT WHICH HAS
AN ARC LENGTH OF 84.09 FT., A CENTRAL ANGLE OF 5°27157",
A RADIUS OF 881.48 FT., AND A CHORD WHICH BEARS N 88050'02" W,
A DISTANCE OF 84.06 FT., TO AN IRON PIPE SET FOR THL• SOUTH.
WEST CORNER;
THENCE, N 00053154" E, A DISTANCE OF 258.47 FT.,
TO AN IRON PIPE SET IN THE SOUTH LINE OF THE FURE.SAID WICK
LUMBER COMPANY TRACT, FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE, S 88051'07" E, A DISTANCE OF 960.81 FT., WITH THE EAST
LINE OF WICKS LUMBER COMPANY TRACT TO THE PLACE OF BEGINNING,
AND CONTAINING 5.47 ACRES OF IAND.
OF
9
SURVEYED AUGUST 9, 1983. �? '
L. G. FRIAR
BY.F� �-- A
Alibou
FRIAR1 D 5 �(10
FOR FRIAR SURVEYING AND MAPPING INC., 4
AUSTIN, TEXAS.
2
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS
COUNTY OF WILLIAt1SON
CITY OF GEORGETOWN
We, the undersigned officers of said City, hereby
certify as follows:
1. The City Council of said City convened in REGULAR
MEETING ON THE STH DAY OF NOVEMBER, 1983, at the City Hall,
and the roll was called of the duly constituted officers and
members of said City Council, to -wits
John C. Doerfler, Mayor Carl Doering
Jim Colbert, City Secretary Dr. E. C. Girvin
W. C. Shell Marvin Lackey
Bill Connor
and all of said persons were present, except the following
absentees: William C. Shell
thus constituting a quorum. whereupon, among other business,
the following was transacted at said Meetings a written
ORDINANCE DIRECTING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
Was duly introduced for the consideration of said City
Council and read in full. It was then duly moved and
seconded that said Ordinance be passed; and, after due
discussion, said motion carrying with it the passage of said
Ordinance, prevailed and carried by the following votes
AYES: All members of said City Council shown
present above voted "Aye".
NOES: None.
2. That a true, full and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certifi-
cate; that said Ordinance has been duly recorded in said
City Council's minutes of said Meeting; that the above and
foregoing paragraph is a true, full and correct excerpt from
said City Council's minutes of said Meeting pertaining to
the passage of said Ordinance; that the persons named in the
above and foregoing paragraph are the duly chosen, qualified
and acting officers and members of said City Council as
indicated therein; that each of the officers and members of
said City Council was duly and sufficiently notified official-
ly and personally, in advance, of the time, place and purpose
of the aforesaid Meeting, and that said Ordinance would be
introduced and considered for passage at said Meeting, and
each of said officers and members consented, in advance, to
the holding of said Meeting for such purpose, and that said
Meeting was open to the public and public notice of the
time, place and purpose of said meeting was given, all as
required by Vernon's Ann. Civ, St. Article 6252-17.
3. That the Mayor of said City has approved and hereby
approves the aforesaid Ordinances that the Mayor and the
City Secretary of said City have duly signed said Ordinance;
and that the Mayor and the City Secretary of said City
hereby declare that their signing of this Certificate shall
constitute the signing of the attached and following copy of
said Ordinance for all purposes.
SIGNED AND SEALED the 8th day of November, 1983.
City Secretary ffiyor
SEAL
C �,f c F 67 t& /3
g,> -4q, 1`,83 1
CITY OF GEORGETOWN
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
The City of Georgetown does hereby give notice of
intention to issue Certificates of Obligation, Series
1983, in the maximum principal amount not to exceed
$300,000, for the purpose of paying, in whole or in part,
contractual obligation for the purchase of a right -o€ -way
for streets= to -wit: Leander Road and Lakeway Drive, and for
paying all or a portion of the professional fees for en-
gineering, legal and fiscal fees in connection with this
project. The City proposes to provide for the payment of
such Certificates of Obligation from the levy and collection
of ad valorem taxes in the City as provided by law. The City
Council proposes to authorize the issuance of such Certifi-
cates of Obligation, Series 1983, at 7:00 P.M., on December
13, 1983, at a Regular Meeting, at the City Hall, George-
town, Texas.
John C. Doerfler, Mayor
�L
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
We, the undersigned officers of said City, hereby
certify as follows:
1. The City Council of said City convened in REGULAR
MEETING ON THE 8TH DAY OF NOVEMBER, 1983, at the City Hall,
and the roll was called of the duly constituted officers and
members of said City Council, to -wit:
John C. Doerfler, Mayor Carl Doering
Jim Colbert, City Secretary Dr. E. C. Gi.rvin
W. C. Shell Marvin Lackey
Bill Connor
and all of said persons were present, except the following
absentees: William C. Shell
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
ORDINANCE DIRECTING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
Was duly introduced for the consideration of said City
Council and read in full. It was then duly moved and
seconded that said Ordinance be passed; and, after due
discussion, said motion carrying with it the passage of said
Ordinance, prevailed and carried by the following vote:
AYES: All members of said City Council shown
present above voted "Aye".
NOES: None.
2. That a true, full and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certifi-
cate; that said Ordinance has been duly recorded in said
City Council's minutes of said Meeting; that the above and
foregoing paragraph is a true, full and correct excerpt from
said City Council's minutes of said Meeting pertaining to
the passage of said Ordinance; that the persons named in the
above and foregoing paragraph are the duly chosen, qualified
and acting officers and members of said City Council as
indicated therein; that each of the officers and members of
said City Council was duly and sufficiently notified official-
ly and personally, in advance, of the time, place and purpose
of the aforesaid Meeting, and that said Ordinance would be
introduced and considered for passage at said Meeting, and
each of said officers and members consented, in advance, to
the holding of said Meeting for such purpose, and that said
Meeting was open to the public and public notice of the
time, place and purpose of said meeting was given, all as
required by Vernon's Ann. Civ. St. Article 6252-17.
3. That the Mayor of said City has approved and hereby
approves the aforesaid Ordinance; that the Mayor and the
City Secretary of said City have duly signed said Ordinance;
and that the Mayor and the City Secretary of said City
hereby declare that their signing of this Certificate shall
''constitute the signing of the attached and following copy of
said Ordinance for all purposes.
v SIGNED AND SEALED the 8th day of November, 1983.
-City Secretary
SEAL
ORDINANCE
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
WHEREAS, the City deems it advisable to give notice of
intention to issue certificates of obligation in the amount
of $300,000, for the purpose of paying, in whole or in part,
contractual obligations for purchase of right-of-way for
streets= to -wit: Leander Road and Lakeway Drive, and to pay
all or a portion of the engineering, legal and fiscal fees
in connection with this project; and
WHEREAS, it is hereby officially found and determined
that a case of emergency or urgent public necessity exists
which requires the holding of the meeting at which this
Ordinance is passed, such emergency or urgent public neces-
sity being that the notice of intention to issue certifi-
cates of obligation should be published as soon as possible
and without delay for necessary and urgently needed public
improvements; and that said meeting was open to the public
and public notice of the time, place, and purpose of said
meeting was given, all as required by Art. 6252-17,
V.A.T.C.S.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN:
1. That attached hereto is a form of the Notice of
Intention to issue Certificates of Obligation, the form and
substance of which is herebv adopted and annroved_
2. That the City Secretary shall cause said notice to
be published in substantially the form attached hereto, in a
newspaper of general circulation in said City, and published
in said City, on the same day in each of two consecutive
weeks, the date of the first publication thereof to be at
least 14 days prior to the time set for the issuance of such
certificates of obligation as shown in said notice.
3. That the fact that the City Council considers the
passage of this ordinance and the issuance of the certifi-
cates of obligation necessary for the immediate preservation
of the public peace, health, safety and welfare, creates an
emergency and an imperative public necessity that the rule
requiring ordinances to be read at more than one meeting of
the City Council before final passage be suspended, and said
rule is hereby suspended, and that this ordinance take
effect and be in force and effect immediately from and after
its passage at this meeting, and it is so ordained.
PASSED AND APPROVED this
ATTEST•
City Secretary
U Y15
� ilii �....� � ►�
8th day of November, 1983.
_a_ (-,.
M or
AtEorney
Y
CITY COUNCIL
THE CITY OF GEORGETOWN
The City of Georgetown City Council recommends that the request listed
belowAPPROVE DISAPPROVED.
APPLICANT Sherry Guyton
LOCATION Block 15, Lot 1, 2, 3, & 4 - City Addition
1. Preliminary Plat,,,_.,,,,_„—,___�..,, ■..,..■■_,
2. Final Plat _.__,.,.,..._.-
3. Variance
4. Abandonment
5. Other, cnp�i�� o. -.,,a* to allow for the operation of a private school
COMMWNTSs Approval conditioned upon: (1) Drainage plan and certification
by engineer that property is not in the flood plain. (2) Access
to facility on Rock Street (3) ,Easements will be granted for
utilities and drainage. (4) No uti it permits wi 1 be issued until
San Gabriel Heights area is deverted off of sewer line and manhole is provided on
sewer line (5) Year-ly—Av�ew- oCco
WITUSS OUR HANDY this „_,-L244-6.
dN't ordinances.
it � 19Rte.,.,.,
aR, CITY COU CIL;
CITY OF GZORG
CITY COUNCIL
THE CITY OF GEORGETOWN
The City of Georgetown City Council recommends that the request listed
below be Y�ttUVLD DISAPPROVED.
APPLICANT Gloria Tilden, Owner
LOCATION 2001 Church Street
1. Preliminary Plat
2. Final flat
3. Variance for existing house to encroach 31 6" into the easement of
18th Street and for the garage apartment to encroach into the 7'
building line.
4. Abandonment
5. Other
■ �1 V �M YI �i� Y �.I �.
COMNTS s
WITNESS OUR HANDS this 12th day of December 19 83
U-
-MAY ,- CITY COUNC
ClTr OF GFoRGETOW
CITY COUNCIL
THE CITY OF 06ORGETOWN
The City of Georgetown City Council recommends that the request listed
below be ADISAPPROVLD.
APPLICANT Marbert Moore
LOCATION Sierra Vista, Section One
1. Preliminary Plat
2. Final Plat --
3. Variance to allow for angle of intersection of the proposed Flint Drive
coming from the south as it interse usand
Oaks Boulevard to be slightly less than the required 85 degrees.
4. Abandonment
5. Other
COMMLNTSs
WITNESS OUR HANDS this 12th day of December 19 83
MA 0 , CITY COU IL
CITY OF GEORGET N
3
CITY COUNCIL
THE CITY OF GLORGETOWN
The City of Georgetown City Council recommends that the request listed
below be iehuv /DISAPPROVED.
APPLICANTDr. Lesesne (Mar -ion Candles)
,LOCATION Route 4, Box 100
1. Preliminary Plat
2. Final Plat
3. Variance to place a sign 8' x 32' under the existing "Past & Presents"
sign.
4. Abandonment
5. Other
COMNWNTS s
WITNESS OUR HANDS this 12th day of December 19 8��
MAY R, CITY C UN IL
CITY OF GEORGLT N
I
CERTIFICATE FOR
ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
We, the undersigned officers of said City, hereby certify
as follows -
1 The City Council of said City convened in SPECIAL
MEETING ON THE 17TH DAY OF JULY, 1984, at the City Hall, and
the roll was called of the duly constituted officers and
members of said City Council, to -wit:
Carl Doering, Mayor Jim Colbert
Pat Cabellero, City Secretary William Connor
Joan King E C. Girvin
W. C. Shell
and all of said persons were present, except the following
absentees W. C. Shell
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting a written
ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS
was duly introduced for the consideration of said City Council
and read in full It was then duly moved and seconded that
said Ordinance be passed; and, after due discussion, said
motion carrying with it the passage of said Ordinance, pre-
vailed and carried by the following vote
AYES: All members of said City Council shown
present above voted "Aye".
NOES- None.
2. That a true, full and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certifi-
cate, that said Ordinance has been duly recorded in said City
Council's minutes of said Meeting, that the above and fore-
going paragraph is a true, full and correct excerpt from said
City Council's minutes of said Meeting pertaining to the
passage of said Ordinance, that the persons named in the above
and foregoing paragraph are the duly chosen, qualified and
acting officers and members of said City Council as indicated
therein, that each of the officers and members of said City
Council was duly and sufficiently notified officially and
personally, in advance, of the time, place and purpose of the
aforesaid Meeting, and that said Ordinance would be introduced
and considered for passage at said Meeting, and each of said
officers and members consented, in advance, to the holding of
sRid Meeting for such purpose, and that said Meeting was open
to the public and public notice of the time, place and purpose
of said meeting was given, all as required by Vernon's Ann.
Civot Article 6252-17.
3. That the Mayor of said City has approved and hereby
approves the aforesaid Ordinance, that the Mayor and the City
Secretary of said City have duly signed said Ordinance, and
that the Mayor and the City Secretary of said City hereby
declare that their signing of this Certificate shall consti-
tute the signing of the attached and following copy of said
Ordnance for all purposes
Si S ED the
rity,,,Secretary
SEAL ' "1
✓ ,j\
4» m T
17th day of July, 1984
Mayor
ORDINANCE
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
WHEREAS, the bonds hereinafter authorized were lawfully
and favorably voted at an election duly held in said City on
February 25, 1984, and
WHEREAS, out of the bonds voted at said election, none has
been issued, authorized or delivered, and
WHEREAS, it is necessary and advisable to authorize, issue
and deliver an installment or series of said bonds, and
WHEREAS, the bonds hereinafter authorized and designated
were voted and are to be issued and delivered pursuant to Art
1175VATC S
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN
Section 1 AMOUNT AND PURPOSE OF THE BONDS The bond or
bonds of the City of Georgetown, Texas (the "Issuer") are here-
by authorized to be issued and delivered in the aggregate prin-
cipal amount of $1,785,000 for the purpose of providing
$1,000,000 for the purpose of constructing and improving the
City's streets and drainage in connection therewith, $535,000
for the purpose of renovating a Fire Station and permanently
equipping same, and $250,000 for the purpose of renovating and
constructing a Police Station building
Section 2 DESIGNATION OF THE BONDS Each bond issued
pursuant to this Ordinance shall be designated "CITY OF
GEORGETOWN, TEXAS GENERAL OBLIGATION BOND, SERIES 1984", and
initially there shall be issued, sold, and delivered hereunder
a single fully -registered bond, without interest coupons, pay-
able in installments of principal (the "Initial Bond"), but the
Initial Bond may be assigned and transferred and/or converted
into and exchanged for a like aggregate principal amount of
fully registered bonds, without interest coupons, having serial
maturities, and in the denomination or denominations of $5,000
or any integral multiple of $5,000, all in the manner herein-
after provided The term "Bonds" as used in this Ordinance
shall mean and include collectively the Initial Bond and all
substitute bonds exchanged therefor, as well as all other sub-
stitute bonds and replacement bonds issued pursuant hereto, and
the term "Bond" shall mean any of the Bonds
Section 3 INITIAL DATE, DENOMINATION, NUMBER, MATURI-
TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS Or THE
INITIAL BOND (a) The Initial. Bond is hereby authorized to be
issued, sold, and delivered hereunder as a single fully regis-
tered Bond, without interest coupons, dated July 1, 1984, in
the denomination and aggregate principal amount of $1,785,000,
numbered R-1, payable in annual installments of principal to
the initial registered owner thereof, to -wit -
Prudential Bache Securities Inc ,
or to the registered assignee or assignees of said Bond or any
portion or portions thereof (in each case, the "registered
owner"), with the annual installments of principal of the
initial Bond to be payable on the dates, respectively, and in
the principal amounts, respectively, stated in the FORM OF
INITIAL BOND set forth in this Ordinance
(b) The Initial Bond (i) may be prepaid or redeemed prior
to the respective scheduled due dates of installments of
z
principal thereof, (ii) may be assigned and transferred, (iii)
may be converted and exchanged for other Bonds, (iv) shall have
the characteristics, and (v) shall be signed and sealed, and
the principal of and interest on the Initial Bond shall be
payable, all as provided, and in the manner required or indi-
cated, in the FORM OF INITIAL BOND set forth in this Ordinance
Section 4 INTEREST The unpaid principal balance of the
Initial Bond shall bear interest from the date of the Initial
Bond to the respective scheduled due dates, or to the respec-
tive dates of prepayment or redemption, of the installments of
principal of the Initial Bond, and said interest shall be
payable, all in the manner provided and at the rates and on the
dates stated in the FORM OF INITIAL BOND set forth in this
Ordinance
Section 5 FORM OF INITIAL BOND The form of the Initial
Bond, including the form of Registration Certificate of the
Comptroller of Public Accounts of the State of Texas to be
endorsed on the Initial Bond, shall be substantially as fol-
lows
FORM OF INITIAL BOND
NO. R-1 $1,785,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN, TEXAS
GENERAL OBLIGATION BOND
SERIES 2984
THE CITY OF GEORGETOWN, in Williamson County (the
"Issuer"), being a political subdivision of the State of Texas,
hereby promises to pay to
Prudential Bache Securities, Inc.
or to the registered assignee or assignees of this Bond or any
portion or portions hereof (in each case, the "registered
owner") the aggregate principal amount of
ONE MILLION SEVEN HUNDRED EIGHTY FIVE THOUSAND DOLLARS
in annual installments of principal due and payable on August 1
in each of the years, and in the respective principal amounts,
as set forth in the following schedule
YEAR
AMOUNT
YEAR
AMOUNT
1986
$15,000
1994
$100,000
1987
2u,000
1995
115,000
1988
20,000
1996
170,000
1989
20,000
1997
185;000
1990
25,000
1998
200,000
1991
50,000
1999
220,000
1992
60,000
2000
240,000
1993
90,000
2001
25S,000
and to pay interest, from the date of this Bond hereinafter
stated, on the balance of each such installment of principal,
respectively, from time to time remaining unpaid, at the rates
as follows
2
IZ.4U % per annum on the above installment of
principal due and payable on August 1, 1986;
12.40 % per annum on the above installment of
principal due and payable on August 1, 1987;
12 per annum on the above installment of
principal due and payable on August 1, 1988;
12.40 % per annum on the above installment of
principal due and payable on August 1, 1989;
7 2.40 % per annum on the above installment of
principal due and payable on August 1, 1990;
12.40 % per annum on the above installment of
principal due and payable on August 1, 1991;
12.40 % per annum on the above installment of
principal due and payable on August 1, 1992
12.40 %per annum on the above installment of
' principal due and payable on August 1, 1993;
12.40 % per annum on the above installment of
principal due and payable on August 1, 1994;
9.40 % per annum on the above installment of
principal due and payable on August 1, 1995;
9.55 % per annum on the above installment of
principal due and payable on August 1, 1996;
9.70 % per annum on the above installment of
principal due and payable on August 1, 1997;
9.90 % per annum on the above installment of
principal due and payable on August 1, 1998;
1 Q. 00 % per annum on the above installment of
principal due and payable on August 1, 1999;
9.875 % per annum on the above installment of
principal due and payable on August 1, 2000;
per annum on the above installment of
principal, due and payable on August 1, 2001;
with said interest being payable on February 1, 1985, and semi-
annually on each August 1 and February 1 thereafter while this
Bond or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this
bond are payable in lawful money of the United States of
America, without exchange or collection charges. The install-
ments of principal and the interest on this Bond are payable to
the registered owner hereof through the services of First City
National Bank of Austin, Austin, Texas, which is the "Paying
Agent/Registrar" for this Bond. Payment of all principal of
and interest on this Bond shall be made by the Paying Agent/
Registrar to the registered owner hereof on each principal
and/or interest payment date by check or draft, dated as of
such date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the Issuer required by the Ordinance au-
thorizing the issuance of this Bond (the "Bond OrdinAnce") to
be on deposit with the Paying Agent/Registrar for such purpose
as hereinafter provided; and such check or draft shall be sent
by the Paying Agent/Registrar by United States mail, first
class postage prepaid, on each such principal and/or interest
payment date, to the registered owner hereof, at -the address of
the registered owner, as it appeared on the last business day
of the month next preceding each such date (the "Record Date")
on the Registration Books kept by the Paying Agent/Registrar,
as hereinafter described. The Issuer covenants with the regis-
tered owner of this Bond that on or before each principal
and/or interest payment date for this Bond it will make avail-
able to the Paying Agent/Registrar, from the "Interest and
Sinking Fund" created by the Bond Ordinance, the amounts re-
quired to provide for the payment, in immediately available
funds, of all principal of and interest on this Bond, when due.
IF THE DATE for the payment of the principal of or inter-
est on this Bond shall be a Saturday, Sunday, a legal holiday,
or a day on which banking institutions in the City where the
3
Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall
be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the
same force and effect as if made on the original date payment
was due.
THIS BOND has been authorized in accordance with the
Constitution and laws of the State of Texas for the purpose of
providing $1,000,000 for the purpose of constructing and im-
proving the City's streets and drainage in connection there-
with; $535,000 for the purpose of renovating a Fire Station and
permanently equipping same; and $250,000 for the purpose of
renovating and constructing a Police Station building.
ON AUGUST 1, 1994, or on any interest payment date there-
after, the unpaid installments of principal of this Bond may be
prepaid or redeemed prior to their scheduled due dates, at the
option of the Issuer, with funds derived from any available
source, as a whole, or in part, and, if in part, the Issuer
shall select and designate the maturity, or maturities, and the
amount that is to be redeemed, and if less than a whole matur-
ity
aturity is to be called, the Issuer shall direct the Paying Agent/
Registrar to call by lot (provided that a portion of this Bond'
may be redeemed only in an integral multiple of $5,000), at the
prepayment or redemption price of the principal amount thereof,
plus accrued interest to the date fixed for prepayment or re-
demption. At least 30 days prior to the date fixed for any
such prepayment or redemption a written notice of such prepay-
ment or redemption shall be mailed by the Paying Agent/Regis
trar to the registered owner hereof. By the date fixed for any
such prepayment or redemption due provision shall be made by
the Issuer with the Paying Agent/Registrar for the payment of
the required prepayment or redemption price for this Bond or
the portion hereof which is to be so prepaid or redeemed, plus
accrued interest thereon to the date fixed for prepayment or
redemption. If such written notice of prepayment or redemption
is given, and if due provision for such payment is made, all as
provided above, this Bond, or the portion thereof which is to
be so prepaid or redeemed, thereby automatically shall be
treated as prepaid or redeemed prior to its scheduled due date,
-
and shall not bear interest after the date fixed for its pre-
payment or redemption, and shall not be regarded as being out-
standing except for the right of the registered owner to re-
ceive the prepayment or redemption price plus accrued interest
to the date fixed for prepayment or redemption from the Paying
Agent/Registrar out of the funds provided for such payment.
The Paying Agent/Registrar shall record in the Registration
Books all such prepayments or redemptions of principal of this
Bond or any portion hereof.
TH13 BOND, to the extent of the unpaid or unredeemed prin-
cipal balance hereof, or any unpaid and unredeemed portion
hereof in any integral multiple of $5,000, may -be assigned by
the initial registered owner hereof and shall be transferred
only in the Registration Books of the IsL3uer kept by the Paying
Agent/Registrar acting in the capacity of registrar for the
Bonds, upon the terms and conditions set forth in the Bond
Ordinance. Among other requirements for such transfer, this
Bond must be presented and surrendered to the Paying Agent/Reg
istrar for cancellation, together with proper instruments of
assignment, in form and with guarantee of signatures satisfac-
tory to the Paying Agent/Registrar, , evidencing assignment by
the initial registered owner of this Bond, or any portion or
portions hereof in any integral multiple of $S,000, to the
assignee or assignees in whose name or names this Bond or any
such portion or portions hereof is or are to be transferred and
registered. Any instrument or instruments of assignment
F11
H
S
satisfactory to the Paying Agent/Registrar may be used to
evidence the assignment of this Bond or any such portion or
portions hereof by the initial registered owner hereof. A new
bond or bonds payable to such assignee or assignees (which then
will be the new registered owner or owners of such new Bond or
Bonds) on to the initial registered owner as to any portion of
this Bond which is not being assigned and transferred by the
initial registered owner, shall be delivered by the Paying
Agent/Registrar in conversion of and exchange for this Bond or
any portion or portions hereof, but solely in the form and
manner as provided in the next paragraph hereof for the conver-
sion and exchange of this Bond or any portion hereof. The
registered owner of this Bond shall be deemed and treated by
the Issuer and the Paying Agent/Registrar as the absolute owner
hereof for all purposes, including payment and discharge of
liability upon this Bond to the extent of such payment, and the
Issuer and the Paying Agent/Registrar shall not be affected by
any notice to the contrary.
AS PROVIDED above and in the Bond Ordinance, this Bond, to
the extent of the unpaid or unredeemed principal balance
hereof, may be converted into and exchanged for a like aggre-
gate principal amount of fully registered bonds, without
interest coupons, payable to the assignee or assignees duly
designated in writing by the initial registered owner hereof,
or to the initial registered owner as to any portion of this
Bond which is not being assigned and transferred by the initial
registered owner, in any denomination or denominations in any
integral multiple of $5,000 (subject to the requirement here-
inafter stated that each substitute bond issued in exchange for
any portion of this Bond shall have a single stated principal
maturity date), upon surrender of this Bond to the Paying
Agent/Registrar for cancellation, all in accordance with the
form and procedures set forth in the Bond Ordinance. If this
Bond or any portion hereof is assigned and transferred or
converted each bond issued in exchange for any portion hereof
shall have a single stated principal maturity date correspond-
ing to the due date of the installment of principal of this
Bond or portion hereof for which the substitute bond is being
exchanged, and shall bear interest at the rate applicable to
and borne by such installment of principal or portion thereof.
Such bonds, respectively, shall be subject to redemption prior
to maturity on the same dates and for the same prices as the
corresponding installment of principal of this Bond or portion
hereof for which they are being exchanged. No such bond shall
be payable in installments, but shall have only one stated
principal maturity date.- AS PROVIDED IN THE BOND ORDINANCE,
THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED
OR CONVERTED ONCE ONLY, and to one or more assignees, but the
bonds issued and delivered in exchange for this Bond or any
portion hereof may be assigned and transferred, and converted,
subsequently, as provided in the Bond Ordinance. The Issuer
shall pay the Paying Agent/Registrar's standard or customary
fees and charges for transferring, converting, and exchanging
this Bond or any portion thereof, but the one requesting such
transfer, conversion, and exchange shall pay any taxes or
governmental charges required to be paid with respect thereto.
The Paying Agent/Registrar shall not be required to make any
such assignment, conversion, or exchange (i) during the period
commencing with the close of business on any Record Date and
ending with the opening of business on the next following
principal or interest payment date, or, (ii) with respect to
any Bond or portion thereof called for prepayment or redemption
prior to maturity, within 45 days prior to its prepayment or
redemption date.
IN THE EVENT any Paying Agent/Registrar for this Bond is
changed by the Issuer, resigns, or otherwise ceases to act as
such, the Issuer has covenanted in the Bond Ordinance that it
promptly will appoint a competent and legally qualified sub-
stitute therefor, and promptly will cause written notice
thereof to be mailed to the registered owner of this Bond.
IT IS HEREBY certified, recited, and covenanted that this
Bond has been duly and validly voted, authorized, issued,
sold,and delivered; that all acts, conditions, and things
required or proper to be performed, exist, and be done preced-
ent to or in the authorization, issuance, and delivery of this
Bond have been performed, existed, and been done in accordance
with law, that this Bond is a general obligation of the Issuer,
issued on the full faith and credit thereof; and that ad
valorem taxes sufficient to provide for the payment of the
interest on and principal of this Bond, as such interest and
principal come due, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been
pledged for such payment, within the limit prescribed by law.
BY BECOMING the registered owner of this Bond, the regis-
tered owner thereby acknowledges all of the terms and provi-
sions of the Bond Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Bond Ordinance is duly
recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agreas
that the terms and provisions of this Bond and the Bond Ordi-
nance constitute a contract between the registered owner hereof
and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be
signed with the manual signature of the Mayor of the Issuer and
countersigned with the manual signature of the City Secretary
of the Issuer, has caused the official seal of the Issuer to be
duly impressed on this Bond, and has caused this Bond to be
dated July 1, 1984.
City Secretary Mayor
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE OF THE
COMPTROLLER OF PUBLIC ACCOUNTS
COMPTROLLER'S REGISTRATION CERTIFICATE REGISTER NO.
I hereby certify that this Bond has been examined, certi-
fied as to validity, and approved by the Attorney General of
the State of Texas, and that this Bond has been registered by
the Comptroller of Public Accounts of the State of Texas '
Witness my signature and seal this
xxxxxxxx
Comptroller of Public accounts
of the State of Texas
(COMPTROLLER'S SEAL)
Section 6 ADDITIONAL CHARACTERISTICS OF THE BONDS
Registration and Transfer. (a) The Issuer shall keep or cause
to be kept at the principal corporate trust office of First
City National Bank of Austin, Austin, Texas (the "Paying
Agent/Registrar") books or records of the registration and
transfer of the Bonds (the "Registration Books"), and the
Issuer hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books or records and
make such transfers and registrations under such reasonable
C.
7
regulations as the Issuer and Paying Agent/Registrar may
prescribe;, and the Paying Agent/Registrar shall make such
transfers and registrations as herein provided. The Paying
Agent/Registrar shall obtain and record in the Registration
Books the address of the registered owner of each Bond to which
payments with respect to the Bonds shall be mailed, as herein
provided; but it shall be the duty of each registered owner to
notify the Paying Agent/Registrar in writing of the address to
which payments shall be mailed, and such interest payments
shall not be mailed unless such notice has been given. The
Issuer shall have the right to inspect the Registration Books
during regular business hours of the Paying Agent/Registrar,
but otherwise the Paying Agent/Registrar shall keep the Regis-
tration Books confidential and, unless otherwise required by
law, shall not permit their inspection by any other entity.
Registration of each Bond may be transferred in the Registra-
tion Books only upon presentation and surrender of such Bond to
the Paying Agent/Registrar for transfer of registration and
cancellation, together with proper written instruments of.
assignment, in form and with guarantee of signatures satis-
factory to the Paying Agent/Registrar, (i) evidencing the
assignment of the Bond, or any portion thereof in any integral
multiple of $5,000, to the assignee or assignees thereof, and
(ii) the right of such assignee or assignees to have the Bond
or any such portion thereof registered in the name of such
assignee or assignees. Upon the assignment and transfer of any
Bond or any portion thereof, a new substitute Bond or Bonds
shall be issued in conversion and exchange therefor in the
manner herein provided. The Initial Bond, to the extent of the
unpaid or unredeemed principal balance thereof, may be assigned
and transferred by the initial registered owner thereof once
only, and to one or more assignees designated in writing by the
initial registered owner thereof. All Bonds issued and de-
livered in conversion of and exchange for the Initial Bond
shall be in any denomination or denominations of any integral
multiple of $5,000 (subject to the requirement hereinafter
stated that each substitute Bond shall have a single stated
principal maturity date), shall be in the form prescribed in
the FORM OF SUBSTITUTE BOND set forth in this Ordinance, and
shall have the characteristics, and may be assigned, trans-
ferred, and converted as hereinafter provided. If the Initial
Bond or any portion thereof is assigned and transferred or
converted the Initial Bond must be surrendered to the Paying
Agent/Registrar for cancellation, and each Bond issued in
exchange for any portion of the Initial Bond shall have a
single stated principal maturity date, and shall not be payable
in installments; and each such Bond shall have a principal
maturity date corresponding to the due date of the installment
of principal or portion thereof for which the substitute Bond
is being exchanged; and each such Bond shall bear interest at
the single rate applicable to and borne by such installment of
principal or portion thereof for which it is being. exchanged.
If only a portion of the Initial Bond is assigned and trans-
ferred, there shall be delivered to and registered in the name
of the initial registered owner substitute Bonds in exchange
for the unassigned balance of the Initial Bond in the, same
manner as if the initial- registered owner were the assignee
thereof. If any Bond or portion thereof other than the initial
Bond is assigned and transferred or converted each Bond issued
in exchange therefor shall have the same principal maturity
date and bear interest at the same rate as the Bond for which
it is exchanged. A form of assignment shall be printed or en-
dorsed on each Bond, excepting the Initial Bond, which shall be
executed by the registered owner or its duly authorized attor-
ney or representative to evidence an assignment thereof. Upon
surrender of any Bonds or any portion or portions thereof for
transfer of registration, an authorized representative of the
Paying Agent/Registrar shall make such transfer in the Regis-
tration Books, and shall deliver a new fully registered
7
0
substitute Bond or Bonds, having the characteristics herein
described, payable to such assignee or assignees (which then
will be the registered owner or owners of such new Bond or
Bonds), or to the previous registered owner in case only a
portion of a Bond is being assigned and transferred, all in
conversion of and exchange for said assigned Bond or Bonds or
any portion or portions thereof, in the same form and manner,
and with the same effect, as provided in Section 6(d), below,
for the conversion and exchange of Bonds by any registered
owner of a Bond. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for
making such transfer and delivery of a substitute Bond or
Bonds, but the one requesting such transfer shall pay any taxes
or other governmental charges required to be paid with respect
thereto The Paying Agent/Registrar shall not be required to
make transfers of registration of any Bond or any portion
thereof (1) during the period commencing with the close of
business on any Record Date and ending with the opening of
business on the next following principal or interest payment
date, or, (ii) with respect to any Bond or any portion thereof
called for redemption prior to maturity, within 45 days prior
to its redemption date
(b) Ownership of Bonds The entity in whose name any
Bond shall be registered in the Registration Books at any time
shall be deemed and treated as the absolute owner thereof for
all purposes of this Ordinance, whether or not such Bond shall
be overdue, and the Issuer and the Paying Agent/Registrar shall
not be affected by any notice to the contrary, and payment of,
or on account of, the principal of, premium, if any, and
interest on any such Bond shall be made only to such registered
owner. All such payments shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the
extent of the sum or sums so paid.
(c) Payment of Bonds and Interest The Issuer hereby
further appoints the Paying Agent/Registrar to act as the
paying agent for paying the principal of and interest on the
Bonds, and to 'act as its agent to convert and exchange or
replace Bonds, all as provided in this Ordinance The Paying
Agent/Registrar shall keep proper records of all payments made
by the Issuer and the Paying Agent/Registrar with respect to
the Bonds, and of all conversions and exchanges of Bonds, and
all replacements of Bonds, as provided in this Ordinance. How-
ever, in the event of a nonpayment of interest on a scheduled
payment date, and for thirty (30) days thereafter, a new record
date for such interest payment (a "Special Record Date") will
be established by the Paying Agent/Registrar, if and when funds
for the payment of such interest have been received from the
District. Notice of the past due interest (which shall be 15
days after the Special Record Date) shall be sent at least five
(5) business days prior to the Special Record Late by United
States mail, first class postage prepaid, to the address of
each Bondholder apperaring on the Security Register at the
close of business on the last business day next- preceding the
date of mailing of sucn notice
(d) Conversion and Exchange or Replacement, Authentica-
tion Each Bond issued and delivered pursuant to this Ordin-
ance, to the extent of the unpaid or unredeemed principal
balance or principal amount thereof, may, upon surrender of
such Bond at the principal corporate trust office of the Paying
Agent/Registrar, together with a written request therefor duly
executed by the registered owner or the assignee or assignees
thereof, or its or their duly authorized attorneys or represen-
tatives, with guarantee of signatures satisfactory to the
Paying Agent/Registrar, may, at the option of the registered
owner or such assignee or assignees, as appropriate, be conver-
ted into and exchanged for fully registered bonds, without
8
VAI
interest coupons, in the form prescribed in the FORM OF SUB-
STITUTE BOND set forth in this Ordinance, in the denomination
of $5,000, or any integral multiple of $5,000 (subject to the
requirement hereinafter stated that each substitute Bond shall
have a single stated maturity date), as requested in writing by
such registered owner or such assignee or assignees, in an
aggregate principal amount equal to the unpaid or unredeemed
principal balance or principal amount of any Bond or Bonds so
surrendered, and payable to the appropriate registered owner,
assignee, or assignees, as the case may be If the Initial
Bond is assigned and transferred or converted each substitute
Bond issued in exchange for any portion of the Initial Bond
shall have a single stated principal maturity date, and shall
not be payable in installments, and each such Bond shall have a
principal maturity date corresponding to the due date of the
installment of principal or portion thereof for which the
substitute Bond is being exchanged, and each such Bond shall
bear interest at the single rate applicable to and borne by
such installment of principal or portion thereof for which it
is being exchanged If a portion of any Bond (other than the
Initial Bond) shall be redeemed prior to its scheduled maturity
as provided herein, a substitute Bond or Bonds having the same
maturity date, bearing interest at the same rate, in the
denomination or denominations of any integral multiple of
$5,000 at the request of the registered owner, and in aggregate
principal amount equal to the unredeemed portion thereof, will
be issued to the registered owner upon surrender thereof for
cancellation If any Bond or portion thereof (other than the
Initial Bond) is assigned and transferred or converted, each
Bond issued in exchange therefor shall have the same principal
maturity date and bear interest at the same rate as the Bond
for which it is being exchanged Each substitute Bond shall
bear a letter and/or number to distinguish it from each other
Bond The Paying Agent/Registrar shall convert and exchange or
replace Bonds as provided herein, and each fully registered
bond delivered in conversion of and exchange for or replacement
of any Bond or portion thereof as permitted or required by any
provision of this Ordinance shall constitute one of the Bonds
for all purposes of this Ordinance, and may again be converted
and exchanged or replaced It is specifically provided that
any Bond authenticated in conversion of and exchange for or
replacement of another Bond on or prior to the first scheduled
Record Date for the Initial Bond shall bear interest from the
date of the Initial Bond, but each substitute Bond so authenti-
cated after such first scheduled Record Date shall bear inter-
est from the interest payment date next preceding the date on
which such substitute Bond was so authenticated, unless such
Bond is authenticated after any Record Date but on or before
the next following interest payment date, in which case it
shall bear interest from such next following interest payment
date, provided, however, that if at the time of delivery of any
substitute Bond the interest on the Bond for which it is being
exchanged is due but has not been paid, then such Bond shall
bear interest from the date to which such interest has been
paid in full THE INITIAL BOND issued and delivered pursuant
to this Ordinance is not required to be, and shall not be,
authenticatea by the Paying Agent/Registrar, but on each
substitute Bond issued in conversion of and exchange for or
replacement of any Bond or Bonds issued under this Ordinance
there shall be printed a certificate, in the form substantially
as follows
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued
under the provisions of the Bond Ordinance described on the
face of this Bond, and that this Bond has been issued in
conversion of and exchange for or replacement of a bond, bonds,
or a portion of a bond or bonds of an issue which originally
E
was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State
of Texas.
Paying Agent/Registrar
Dated
By
Authorized Representative
An authorized representative of the Paying Agent/Registrar
shall, before the delivery of any such Bond, date and manually
sign the above Certificate, and no such Bond shall be deemed to
be issued or outstanding unless such Certificate is so ex-
ecuted. The Paying Agent/Registrar promptly shall cancel all
Bonds surrendered for conversion and exchange or replacement.
No additional ordinances, orders, or resolutions need be passed
or adopted by the governing body of the Issuer or any other
body or person so as to accomplish the foregoing conversion and
exchange or replacement of any Bond or portion thereof, and the
Paying Agent/ Registrar shall provide for the printing, execu-
tion, and delivery of the substitute Bonds in the manner
prescribed herein, and said Bonds shall be of type composition
printed on paper with lithographed or steel engraved borders of
customary weight and strength. Pursuant to Vernon's Ann. Tex.
Civ. St. Art. 717k-6, and particularly Section 6 thereof, the
duty of conversion and exchange or replacement of Bonds as
aforesaid is hereby imposed upon the Paying Agent/Registrar,
and, upon the execution of the above Paying Agent/Registrar's
Authentication Certificate, the converted and exchanged or
replaced Bond shall be valid, incontestable, and enforceable in
the same manner and with the same effect as the Initial Bond
which originally was issued pursuant to this Ordinance, ap-
proved by the Attorney- General, and registered by the
Comptroller of Public Accounts. The Issuer shall pay the
Paying Agent/Registrar's standard or customary fees and charges
for transferring, converting, and exchanging any Bond or any
portion thereof, but the one requesting any such transfer,
conversion, and exchange shall pay any taxes or governmental
charges required to be paid with respect thereto as a condition
precedent to the exercise of such privilege of conversion and
exchange. The Paying Agent/Registrar shall not be required to
make any such conversion and exchange or replacement of Bonds
or any portion thereof (i) during the period commencing with
the close.of business on any Record Date and ending with the
opening of business on the next following principal or interest
payment date, or, (ii) with respect to any Bond or portion
thereof called for redemption prior to maturity, within 45 days
prior to its redemption date.
(e) In General. All Bonds issued in conversion and
exchange or replacement of any other Bond or portion thereof,
(i) shall be issued in fully registered form, without intArest
coupons, with the principal of and interest on.surh Bonds to be
payable only to the registered owners thereof, (ii) may be
redec.ned prior to their scheduled maturities, (iii) may be
transferred and assigned, (iv) may be converted and exchanged
for other Bonds, (v) shall have the characteristics, (vi) shall
be signed and sealed, and (vii) the principal of and interest
on the Bonds shall be payable, all as provided, and in the
manner required or indicated, in the FORM OF SUBSTITUTE BOND
set forth in this Ordinance.
(f) Payment of Fees and Charges. The Issuer hereby
covenants with the registered owners of the Bonds that it will
(i) pay the standard or customary fees and charges of the
Paying Agent/Registrar for its services with respect to the
payment of the principal of and interest on the Bonds, when
10
due, and (ii) pay the fees and charges of the Paying
Agent/Registrar for services with respect to the transfer of
registration of Bonds, and with respect to the conversion and
exchange of Bonds solely to the extent above provided in this
Ordinance
(g) Substitute PayinqAgent/Registrar The Issuer
covenants with the registered owners of the Bonds that at all
times while the Bonds are outstanding the Issuer will provide a
competent and legally qualified bank, trust company, financial
institution, or other agency to act as and perform the services
of Paying Agent/Registrar for the Bonds under this Ordinance,
and that the Paying Agent/Registrar will be one entity The
Issuer reserves the right to, and may, at its option, change
the Paying Agent/Registrar upon not less than 120 days written
notice to the Paying Agent/Registrar, to be effective not later
than 60 days prior to the next principal or interest payment
date after such notice In the event that the entity at any
time acting as Paying Agent/Registrar (or its successor by
merger, acquisition, or other method) should resign or other-
wise cease to act as such, the Issuer covenants that promptly
it will appoint a competent and legally qualified bank, trust
__company, financial institution, or other agency to act as
Paying Agent/Registrar under this Ordinance Upon any change
in the Paying Agent/Registrar, the previous Paying Agent/Regis-
trar promptly shall transfer and deliver the Registration Books
(or a copy thereof), along with all other pertinent books and
records relating to the Bonds, to the new Paying Agent/Regis-
trar designated and appointed by the Issuer Upon any change
in the Paying Agent/Registrar, the Issuer promptly will cause a
written notice thereof to be sent by the new Paying
Agent/Registrar to each registered owner of the Bonds, by
United States Mail, first-class postage prepaid, which notice
also shall give the address of the new Paying Agent/Registrar.
By accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provi-
sions of this Ordinance, and a certified copy of this Ordinance
shall be delivered to each Paying Agent/Registrar
Section 7 FORM OF SUBSTITUTE BONDS The form of all
Bonds issued in conversion and exchange or replacement of any
other Bond or portion thereof, including the form of Paying
Agent/Registrar's Certificate to be printed on each of such
Bonds, and the Form of Assignment to be printed on each of the
Bonds, shall be, respectively, substantially as follows, with
such appropriate variations, omissions, or insertions as are
permitted or required by this Ordinance.
FORM OF SUBSTITUTE BOND
NO PRINCIPAL
AMOUNT
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN, TEXAS
GENERAL OBLIGATION BOND
SERIES 1984
INTEREST RATE MATURITY DATE CUSIP NO
ON THE MATURITY DATE specified above, THE CITY OF GEORGE-
TOWN, in Williamson County (the "Issuer"), being a political
subdivision of the State of Texas, hereby promises to pay to
11
or to the registered assignee hereof (either being hereinafter
called the "registered owner") the principal amount of
and to pay interest thereon from July 1, 1984, to the maturity
date specified above, or the date of redemption prior to matur-
ity, with interest being payable on February 1, 1985, and semi-
annually on each August 1 and February 1 thereafter, at the
interest rate per annum specified above; except that if the
date of authentication of this Bond is later than January 31,
1985, the first scheduled Record Date for the Initial Bond,
such principal amount shall bear interest from the interest
payment date next preceding the date of authentication, unless
such date of authentication is after any Record Date (herein-
after defined) but on or before the next following interest
payment date, in whish case such principal amount shall bear
interest from such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in
lawful money of the United States of America, without exchange
or collection charges. The principal of this Bond shall be
paid to the registered owner hereof upon presentation and
surrender of this Bond at maturity or upon the date fixed for
its redemption prior to maturity, at the principal corporate
trust office of First City National Bank of Austin, Austin,
Texas, which is the "Paying Agent/Registrar" for this Bond
The payment of interest on this Bond shall be made by the
Paying Agent/Registrar to the registered owner hereof on each
interest payment date by check or draft, dated as of such in-
terest payment date, drawn by the Paying Agent/Registrar on,
and payable solely from, funds of the Issuer required by the
Ordinance authorizing the issuance of the Bonds (the "Bond
Ordinance") to be on deposit with the Paying Agent/Registrar
for such purpose as hereinafter provided, and such check or
draft shall be sent by the Paying Agent/Registrar by United
States mail, first class postage prepaid, on each such interest
payment date, to the registered owner hereof, at the address of
the registered owner, as it appeared on the last business day
of the month next preceding each such date (the "Record Date")
on the Registration Books kept by the Paying Agent/Registrar,
as hereinafter described Any accrued interest due upon the
redemption of this Bond prior to maturity as provided herein
shall be paid to the registered owner at the principal corpor-
ate trust office of the Paying Agent/Registrar upon presenta-
tion and surrender of this Bond for redemption and payment at
the principal corporate trust office of the Paying Agent/Regis-
trar The Issuer covenants with the registered owner of this
Bond that on or before each principal payment date, interest
payment date, and accrued interest payment date for this Bond
it will make available to the Paying Agent/Registrar, from the
"Interest and Sinking Fund" created by the Bond Ordinance, the
amounts required to provide for the payment, in immediately
available funds, of all principal of and interest on the Bonds,
when due.
IF THE DATE for the payment of the principal of or inter-
est on this Bond shall bft a Saturday, Sunday, a legal holiday,
or a day on which banking institutions in the City where the
Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall
be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day on which banking institutions are
authorized to close, and payment on such date shall have the
same force and effect as if made on the original date payment
was due.
THIS BOND is one of an issue of Bonds initially dated July
1, 1984, authorized in accordance with the Constitution and
laws of the State of Texas in the principal amount of
$1,785,000 for the purpose of providing $1,000,000 for the
12
13
purpose of constructing and improving the City's streets and
drainage in connection therewith, $535,000 for the purpose of
renovating a Fire Station and permanently equipping same, and
$250,000 for the purpose of renovating and constructing a
Police Station building
ON AUGUST 1, 1994, or on any interest payment date there-
after, the Bonds of this Series may be redeemed prior to their
scheduled maturities, at the option of the Issuer, with funds
derived from any available and lawful source, as a whole, or in
part, and, if in part, the Issuer shall select and designate
the maturity or maturities and thex amount that is to be re-
deemed, and if less than a whole maturity is to be called, the
Issuer shall direct the Paying Agent/Registrar to call by lot
(provided that a portion of a Bond may be redeemed only in an
integral multiple of $5,000), at the redemption price of the
principal amount thereof, plus accrued interest to the date
fixed for prepayment or redemption At least 30 days prior to
the date fixed for any redemption of Bonds or portions thereof
prior to maturity a written notice of such redemption shall be
published once in a financial publication, journal, or reporter
of general circulation among securities dealers in The City of
New York, New York (including, but not limited to, The Bond
Buyer and The Wall Street Journal), or in the State of Texas
(including, but not limited to, The Texas Bond Reporter). Such
notice also shall be sent by the Paying Agent/Registrar by
United States mail, first class postage prepaid, not less than
30 days prior to the date fixed for any such redemption, to the
registered owner of each Bond to be redeemed at its address as
it appeared on the 45th day prior to such redemption date,
provided, however, that the failure to send, mail, or receive
such notice, or any defect therein or in the sending or mailing
thereof, shall not affect the validity or effectiveness of the
proceedings for the redemption of any Bond, and it is hereby
specifically provided that the publication of such notice as
required above shall be the only notice actually required in
connection with or as a prerequisite to the redemption of any
Bonds or portions thereof By the date fixed for any such
redemption due provision shall be made with the Paying Agent/
Registrar for the payment of the required redemption price for
the Bonds or portions thereof which are to be so redeemed, plus
accrued interest thereon to the date fixed for redemption If
such written notice of redemption is published and if due
provision for such payment is made, all as provided above, the
Bonds or portions thereof which are to be so redeemed thereby
automatically shall be treated as redeemed prior to their
scheduled maturities, and they shall not bear interest after
the date fixed for redemption, and they shall not be regarded
as being outstanding except for the right of the registered
owner to receive thex redemption price plus accrued -interest
from the Paying Agent/Registrar out of the funds provided for
such payment If a portion of any Bond shall be redeemed a
suzstitute Bond or Bonds having the same maturity date, bearing
interest at the same rate, in any denomination or denominations
in any integral multiple of $5,000, at the written: request of
the registered owner, and in aggregate principal amount equal
to the unredeemed portion thereof, will be issued to the
registered owner upon the surrender thereof for cancellation,
at the expense of the Issuer, all as provided in the Bond
Ordinance
THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTE-
GRAL MULTIPLE OF $5,000 may be assigned and shall be trans-
ferred only in the Registration Books of the Issuer kept by the
Paying Agent/Registrar acting in the capacity of registrar for
the Bonds, upon the terms and conditions set forth in the Bond
Ordinance Among other requirements for such assignment and
transfer, this Bond must be presented and surrendered to the
Paying Agent/Registrar, together with proper instruments of
13
A/
assignment, in form and with guarantee of signatures satisfac-
tory to the Paying Agent/Registrar, evidencing assignment of
this Bond or any portion or portions hereof in any integral
multiple of $5,000 to the assignee or assignees in whose name
or names this Bond or any such portion or portions hereof is or
are to be transferred and registered. The form of Assignment
printed or endorsed on this Bond shall be executed by the
registered owner or its duly authorized attorney or representa-
tive,to evidence the assignment hereof A new Bond or Bonds
payable to such assignee or assignees (which then will be the
new registered owner or owners of such new Bond or Bonds), or
to the previous registered owner in the case of the assignment
and transfer of only a portion of this Bond, may be delivered
by the Paying Agent/Registrar in conversion of and exchange for
this Bond, all in the form and manner as provided in the next
paragraph hereof for the conversion and exchange of other
Bonds The Issuer shall pay the Paying Agent/Registrar's
standard or customary fees and charges for making such trans-
fer, but the one requesting such transfer shall pay any taxes
or other governmental charges required to be paid with respect
thereto The Paying Agent/Registrar shall not be required to
make transfers of registration of this Bond or any portion
hereof (i) during the period commencing with the close of
business on any Record Date and ending with the opening of
business on the next following principal or interest payment
date, or, (ii) with respect to any Bond or any portion thereof
called for redemption prior to maturity, within 45 days prior
to its redemption date. The registered owner of this Bond
shall be deemed and treated by the Issuer and the Paying
Agent/Registrar as the absolute owner hereof for all purposes,
including payment and discharge of liability upon this Bond to
the extent of such payment, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the
contrary.
ALL BONDS OF THIS SERIES are issuable solely as fully
registered bonds, without interest coupons, in the denomination
of any integral multiple of $5,000 As provided in the Bond
Ordinance, this Bond, or any unredeemed portion hereof, may, at
the request of the registered owner or the assignee or as-
signees hereof, be converted into and exchanged for a like
aggregate principal amount of fully registered bonds, without
interest coupons, payable to the appropriate registered owner,
assignee, or assignees, as the case may be, having the same
maturity date, and bearing interest at the same rate, in any
denomination or denominations in any integral multiple of
$5,000 as requested in writing by the appropriate registered
owner, assignee, or assignees, as the case may be, upon sur-
render of this Bond to the Paying Agent/Registrar for cancella-
tion, all in accordance with the form and procedures 'set forth
in the Bond Ordinance The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for
transferring, converting, and exchanging any Boca or any
portion thereof, but the one requesting such transfer, conver-
sion, and exchange shall pay any taxes or governmental charges
required to be ,did with respect thereto as a condition prece-
dent to the exercise of such privilege of conversion and
exchange. The Paying Agent/Registrar shall not be required to
make any such conversion and exchange (i) during the period
commencing with the close of business on any Record Date and
ending with the opening of business on the next following
principal or interest payment date, or, (ii) with respect to
any Bond or portion thereof called for redemption prior to
maturity, within 45 days prior to its redemption date
IN THE EVENT any Paying Agent/Registrar for the Bonds is
changed by the Issuer, resigns, or otherwise ceases to act as
such, the Issuer has covenanted in the Bond Ordinance that it
promptly will appoint a competent and legally qualified
14
substitute therefor, and promptly will cause written notice
thereof to be mailed to the registered owners of the Bonds
IT IS HEREBY certified, recited, and covenanted that this
Bond has been duly and validly voted, authorized, issued, and
delivered, that all acts, conditions, and things required or
proper to be performed, exist, and be done precedent to or in
the authorization, issuance, and delivery of this Bond have
been performed, existed, and been done in accordance with law,
that this Bond is a general obligation of the Issuer, issued on
the full faith and credit thereof, and that ad valorem taxes
sufficient to provide for the payment of the interest on and
principal of this Bond, as such interest comes due, and as such
principal matures, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been
pledged for such payment, within the limit prescribed by law
BY BECOMING the registered owner
tered owner thereby acknowledges all
sions of the Bond Ordinance, agrees t
and provisions, acknowledges that the
recorded and available for inspection
and records of the governing body of
that the terms and provisions of this
nance constitute a contract between
hereof and the Issuer
of this Bond, the regis-
of the terms and provi-
> be bound by such terms
Bond Ordinance is duly
in the official minutes
the Issuer, and agrees
Bond and the Bond Ordi-
each registered owner
IN WITNESS WHEREOF, the Issuer has caused this Bond to be
signed with the facsimile signature of the Mayor of the Issuer
and countersigned with the facsimile signature of the City
Secretary of the Issuer, has caused the official seal of the
Issuer to be duly impressed, or placed in facsimile, on this
Bond
(facsimile signature) (facsimile signature)
City Secretary Mayor
(CITY SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this
under the provisions of the Bond Ordi
face of this Bond, and that this Bor
conversion of and exchange for or replac
or a portion of a bond or bonds of an
was approved by the Attorney General of
registered by the Comptroller of Public
of Texas
Dated
Bond has been issued
zance described on the
d has been issued in
ement of a bond, bonds,
issue which originally
the State of Texas and
Accounts of the State
Paying Agent/Registrar
By
Authorized Representative
15
&V
FORM OF ASSIGNMENT
ASSIGNMENT
For value received the undersigned registered owner of this
Bond or duly authorized representative or attorney thereof
hereby assigns this Bond to
(print or type the name and
address of the assignee and
any other relevant information)
and authorizes the Paying Agent/Registrar to transfer the
registration of this Bond in the Registration Books
Dated
Registered Owner
(Notice The signature above must correspond with the
name of the Registered Owner as it appears upon the front of
this Bond in every particular without alteration or enlarge-
ment of any change whatsoever)
Signature Guaranteed
(Notice Signature(s) must be guaranteed by a member firm
of the New York Stock Exchange or a commercial bank or trust
company)
Section 8 TAX LEVY A special Interest and Sinking Fund
(the Interest and Sinking Fund ) is hereby created solely for
the benefit of the Bonds and the Interest and Sinking Fund
shall be established and maintained by the Issuer at an offi-
cial depository bank of the Issuer The Interest and Sinking
Fund shall be kept separate and apart from all other funds and
accounts of the Issuer and shall be used only for paying the
interest on and principal of the Bonds All ad valorem taxes
levied and collected for and on account of the Bonds shall be
deposited as collected to the credit of the Interest and
Sinking Fund During each year while any of the Bonds or
interest thereon are outstanding and unpaid the governing body
of the Issuer shall compute and ascertain a rate and amount of
ad valorem tax which will be sufficient to raise and produce
the money required to pay the interest on the Bonds as such
interest comes due and to provide and maintain a sinking fund
adequate to pay the principal of its Bonds as such principal
matures (but never less than 2/ of the original principal
amount of the Bonds as a sinking fund each year) and said tax
shall be based on the latest approved tax rolls of the Issuer
with full allowance being made for tax delinquencies and the
cost of tax collection Said rate and amount of 4d valorem tax
is hereby levied and is hereby ordered to be levied against
all taxable property in the Issuer for each year while any of
the Bonds or interest thereon ata outstanding and unpaid and
said tax shall be assessed and collected each such year and de-
posited to the credit of the aforesaid Interest and Sinking
Fund Said ad valorem taxes sufficient to provide for the
payment of the interest on and principal of the Bonds as such
interest comes due and such principal matures are hereby
pledged for such payment within the limit prescribed by law
Section 9 DEFEASANCE OF BONDS (a) Any Bond and the
interest thereon shall be deemed to be paid retired and no
longer outstanding (a Defeased Bond ) within the meaning of
this Ordinance except to the extent provided in subsection (d)
of this Section 9 when payment of the principal of such Bond
plus interest thereon to the due date (whether such due date be
16
17
:)y reason of maturity upon redemption or otherwise) either
(i) shall have been made or caused to be made in accordance
aith the terms thereof (including the giving of any required
notice of redemption) or (ii) shall have been provided for on
:)r before such due date by ,irrevocably depositing with or
naking available to the Paying Agent/Registrar for such payment
(1) lawful money of the United States of America sufficient to
hake such payment or (2) Government Obligations which mature as
to principal and interest in such amounts and at such times as
will insure the availability without reinvestment of suffi-
lent money to provide for such payment and when proper
arrangements have been made by the Issuer with the Paying
Agent/Registrar for the payment of its services until all
Defeased Bonds shall have become due and payable At such time
as a Bond shall be deemed to be a Defeased Bond hereunder as
aforesaid such Bond and the interest thereon shall no longer
be secured by payable from or entitled to the benefits of
the ad valorem taxes herein levied and pledged as provided in
this Ordinance and such principal and interest shall be
payable solely from such money or Government Obligations
(b) Any moneys so deposited with the Paying Agent/Regis-
trar may at the written direction of the Issuer also be in-
vested in Government Obligations maturing in the amounts and
times as hereinbefore set forth and all income from such
Government Obligations received by the Paying Agent/ Registrar
which is not required for the payment of the Bonds and interest
thereon with respect to which such money has been so depos-
ited shall be turned over to the Issuer or deposited as
directed in writing by the Issuer
(c) The term Government Obligations as used In this
Section shall mean direct obligations of the United States of
America including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of
America which may be United States Treasury obligations such
as its State and Local Government Series whish may be in
book entry form
(d) Until all Defeased Bonds shall have become due and
payable the Paying Agent/Registrar shall perform the services
of Paying Agent/Registrar for such Defeased Bonds the same as
if they had not been defeased and the Issuer shall make proper
arrangements to provide and pay for such services as required
by this Ordinance
Section 10 DAMAGED MUTILATED LOST STOLEN OR DE-
STROYED BONDS (a) Replacement Bonds In the event any
outstanding Bond is damaged mutilated lost stolen or
destroyed the Paying Agent/Registrar shall cause` to be
printed executed and delivered a new bond of the same
principal amount maturity and interest rate as the damaged
mutilated lost stolen or destroyed Bond in replacement for
such Bond in the manner hereinafter provided
(b) Application for replacement Bonds Application for
replacement of damaged mutilated lost stolen or destroyed
Bonds shall be made by the registered owner thereof to the
Paying Agent/Registrar In every case of loss theft or
destruction of a Bond the registered owner applying for a
replacement bond shall furnish to the Issuer and to the Paying
Agent/Registrar such security or indemnity as may be required
by them to save each of them harmless from any loss or damage
with respect thereto Also in every case of loss theft or
destruction of a Bond the registered owner shall furnish to
the Issuer and to the Paying Agent/Registrar evidence to their
satisfaction of the loss theft or destruction of such Bond
as the case may be In every case of damage or mutilation of a
Bond the registered owner shall surrender to the Paying
17
Jb
Agent/Registrar for cancellation the Bond so damaged or muti-
lated
(c) No Default Occurred Notwithstanding the foregoing
provisions of this Section in the event any such Bond shall
have matured and no default has occurred which is then con-
tinuing in the payment of the principal of redemption premium
if any or interest on the Bond the Issuer may authorize the
payment of the same (without surrender thereof except in the
case of a damaged or mutilated Bond) instead of issuing a
replacement Bond provided security or indemnity is furnished
as above provided in this Section
(d) Charge for Issuing Replacement Bonds Prior to the
issuance of any replacement bond the Paying Agent/Registrar
shall charge the registered owner of such Bond with all legal
printing and other expenses in connection therewith Every
replacement bond issued pursuant to the provisions of this
Section by virtue of the fact that any Bond is lost stolen or
destroyed shall constitute a contractual obligation of the
Issuer whether or not the lost stolen or destroyed Bond shall
be found at any time or be enforceable by anyone and shall be
entitled to all the benefits of this Ordinance equally and
proportionately with any and all other Bonds duly issued under
this Ordinance
(e) Authority for Issuing Replacement Bonds In accor-
dance with Section 6 of Vernon's Ann Tex Civ St Art
717k-6 this Section 10 of this Ordinance shall constitute
authority for the issuance of any such replacement bond without
necessity of further action by the governing body of the Issuer
or any other body or person and the duty of the replacement of
such bonds is hereby authorized and imposed upon the Paying
Agent/Registrar and the Paying Agent/Registrar shall authen-
ticate and deliver such Bonds in the form and manner and with
the effect as provided in Section 6(d) of this Ordinance for
Bonds issued in conversion and exchange for other Bonds
Section 11 CUSTODY APPROVAL AND REGISTRATION OF BONDS
BOND COUNSELS OPINION AND CUSIP NUMBERS The Mayor of the
Issuer is hereby authorized to have control of the Initial Bond
issued hereunder and all necessary records and proceedings
pertaining to the Initial Bond pending its delivery and its
investigation examination and approval by the Attorney
General of the State of Texas and its registration by the
Comptroller of Public Accounts of the State of Texas Upon
registration of the Initial Bond said Comptroller of Public
Accounts (or a deputy designated in writing to act for said
Comptroller) shall manually sign the Comptroller s Registration
Certificate on the Initial Bond and the seal of said Comptrol-
ler shall be impressed or placed in facsimile on the Initial
Bond The approving legal opinion of the Issuer s Bond Counsel
and the assigned CUSIP numbers may at the option of the
Issuer be printed on the Initial Bond or on any Bonds issued
and delivered in conversion of and exchange or replacement of
any Bora but neither shalom have any legal effect and shall be
solely for the convenience and information of the registered
owners of the Bonds
Section 12 NO ARBITRAGE The Issuer covenants to and
with the registered owners of the Bonds that it will make no
use of the proceeds of the Bonds at any time throughout the
term of this issue of Bonds which if such use had been reason-
ably expected on the date of delivery of the Bonds to and
payment for the Bonds by the purchasers would have caused the
Bonds to be arbitrage bonds within the meaning of Section
103(c) of the Internal Revenue Code of 1954 as amended or any
regulations or rulings pertaining thereto and by this covenant
the Issuer is obligated to comply with the requirements of the
18
I
aforesaid Section 103(c) and all applicable and pertinent
Department of the Treasury regulations relating to arbitrage
bonds. The Issuer further covenants that the proceeds of the
Bonds will not otherwise be used directly or indirectly so as
to cause all or any part of the Bonds to be or become arbitrage
bonds within the meaning of the aforesaid Section 103(c), or
any regulations or rulings pertaining thereto
Section 13. SALE OF INITIAL BOND The Initial Bond is
hereby sold and shall be delivered to Prudential BaChe Seri ritlQc;.Irh
for cash for the par value thereof and accrued interest thereon
to date of delivery, plus a premium of $ -0- It is hereby
officially found, determined, and declared that the Initial
Bond has been sold at public sale to the bidder offering the
lowest interest cost, after receiving sealed bids pursuant to
an Official Notice of Sale and Bidding Instructions and Offi-
cial Statement dated June 12, 1984, prepared and distributed in
connection with the sale of the Initial Bond Said Official
Notice of Sale and Bidding Instructions and Official Statement,
and any addenda, supplement, or amendment thereto have been and
are hereby approved by the governing body of the Issuer, and
their use in the offer and sale of the Bonds is hereby ap-
proved It is further officially found, determined, and de-
clared that the statements and representations contained in
said Official Notice of Sale and Official Statement are true
and correct in all material respects, to the best knowledge and
belief of the governing body of the Issuer.
Section 14 EMERGENCY That the fact that the City
Council considers the passage of this Ordinance and the
issuance of the Bonds necessary for the immediate preservation
of the public peace, health, safety and welfare, creates an
emergency and an imperative public necessity that the rule re-
quiring ordinances to be read at more than one meeting of the
City Council before final passage be suspended, and said rule
is hereby suspended, and that this Ordinance take effect and be
in force and effect immediately from and after its passage at
this meeting, and it is so ordained
PASSED AND APPROVED this 17th day of July, 1984
Mayor
ATT
ity Secretary
APPROVED.
City Attorney
19
0
CERTIFICATE FOR
ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
We, the undersigned officers of said City, hereby certify
as follows:
1 The City Council of said City convened in SPECIAL
MEETING ON THE 17TH DAY OF JULY, 1984, at the City Hall, and
the roll was called of the duly constituted officers and
members of said City Council, to -wit
Carl Doering, Mayor
Pat Cabellero, City Secretary
Joan King
W C Shell
Jim Colbert
William Connor
E C. Girvin
and all of said persons were present, except the following
absentees- W. C. Shell- thus constituting a
quorum Whereupon, among other business, the following was
transacted at said Meeting a written
ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS
was duly introduced for the consideration of said City Council
and read in full. It was then duly moved and seconded that
said Ordinance be passed, and, after due discussion, said
motion carrying with it the passage of said Ordinance, pre-
vailed and carried by the following vote:
AYES: All members of said City Council shown
present above voted "Aye".
NOES None.
2 That a true, full and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certifi-
cate, that said Ordinance has been duly recorded in said City
Council's minutes of said Meeting, that the above and fore-
going paragraph is a true, full and correct excerpt from said
City Council's minutes of said Meeting pertaining to the
passage of said Ordinance, that the persons named in the above
and foregoing paragraph are the duly chosen, qualified and
acting officers and members of said City Council as indicated
therein, that each of the officers and members of said City
Council was duly and sufficiently notified officially and
personally, in advance, of the time, place and purpose of the
aforesaid Meeting, and that said Ordinance would be introduced
and considered for passage at said Meeting, and each of said
officers and members consented, in advance, to the holding of
said Meeting for such purpose, and that said Mee6ing was open
to the public and public notice of the time, place and purpose
of said meeting was given all as required by Vernon's Ann.
Civ St. Articla 6252-17
3. That the Mayor of said City has approved and hereby
approves the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance, and
that the Mayor and the City Secretary of said City hereby
declare that their signing of this Certificate shall consti-
tute the signing of the attached and following copy of said
{� Ordinance for all purposes
S39N SE D the 17th day of July, 1984
1
;tp Secretary Mayor
SEAL V
ORDINANCE AUTHORIZING THE ISSUANCE OF REVENUE BONDS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
WHEREAS, all the bonds hereinafter authorized were law-
fully and favorably voted at an election duly held in said City
on February 25, 1984; and
WHEREAS, the City Council of said City deems it necessary
and advisable to authorize, issue, and deliver an installment
or series of bonds, and
WHEREAS, THE City received no petition from the qualified
electors of said City protesting the issuance of such revenue
bonds; and
WHEREAS, the bonds hereinafter authorized and designated
are to be issued and delivered pursuant to Vernon's Articles
1111 through 1118, and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN
Section 1 AMOUNT AND PURPOSE OF THE BONDS The bond or
bonds of the City of Georgetown (the "Issuer") are hereby au-
thorized to be issued and delivered in the aggregate principal
amount of $2,000,000, for the purpose of improving and extend-
ing the Issuer's Waterworks System, to -wit Water Treatment
Plant and Transmission Lines
Section 2 DESIGNATION OF THE BONDS Each bond issued
pursuant to this Ordinance shall be designated• "CITY OF
GEORGETOWN, TEXAS UTILITY SYSTEM REVENUE BOND, SERIES 198411,
and initially there shall be issued, sold, and delivered here-
under a single'fully registered bond, without interest coupons,
payable in installments of principal (the "Initial Bond"), but
the Initial Bond may be assigned and transferred and/or con-
verted into and exchanged for a like aggregate principal amount
of fully registered bonds, without interest coupons, having
serial maturities, and in the denomination or denominations of
$5,000 or any integral multiple of $5,000, all in the manner
hereinafter provided The term "Bonds" as used in this Ordi-
nance shall mean and include collectively the Initial Bond and
all substitute bonds exchanged therefor, as well as all other
substitute bonds and replacement bonds issued pursuant hereto,
and the term "Bond" shall mean any of the Bonds •
Section 3 INITIAL DATE, DENOMINATION, NUMBER, MATURI-
TILS, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INI-
TIAL BOND (a) The Initial Bond is hereby authorized to be
issued, sold, and delivered hereunder as a single fully regis-
tered Bond, without interest coupons, dated July 15, 1984, in
the denomination and aggregate principal amount of $2,000,000,
numbered R-1, payable in annual installments of principal to
the initial registered owner thereof, to -wit
Dean Witter Reynolds, Inc
or to the registered assignee or assignees of said Initial Bond
or any portion or portions thereof (in each case, the "regis-
tered owner"), with the annual installments of principal of the
Initial Bond to be payable on the dates, respectively, and in
the principal amounts, respectively, stated in the FORM OF INI-
TIAL BOND set forth in this Ordinance
,22
(b) The Initial Bond (i) may be prepaid or redeemed prior
to the respective scheduled due dates of installments of prin-
cipal thereof, (ii) may be assigned and transferred, (iii) may
be converted and exchanged for other Bonds, (iv) shall have the
characteristics, and (v) shall be signed and sealed, and the
principal of and interest on the Initial Bond shall be payable,
all as provided, and in the manner required or indicated, in
the FORM OF INITIAL BOND set forth in this Ordinance
Section 4 INTEREST The unpaid principal balance of the
Initial Bond shall bear interest from the date of the Initial
Bond to the respective scheduled due dates, or to the respec-
tive dates of prepayment or redemption, of the installments of
principal of the Initial Bond, and said interest shall be pay-
able, all in the manner provided and at the rates and on the
dates stated in the FORM OF INITIAL BOND set forth in this Ord-
inance.
Section 5 FORM OF INITIAL BOND The form of the Initial
Bond, including the form of Registration Certificate of the
Comptroller of Public Accounts of the State of Texas to be en-
dorsed on the Initial Bond, shall be substantially as follows.
NO. R-1
FORM OF INITIAL BOND
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN, TEXAS
UTILITY SYSTEM REVENUE BOND
SERIES 1984
$2,000,000
THE CITY OF GEORGETOWN, in Williamson County, Texas (the
"Issuer"), being a political subdivision of the State of Texas,
hereby promises to pay to
Dean Witter Reynolds, Inc.
or to the registered assignee or assignees of this Bond or any
portion or portions hereof (in each case, the "registered
owner") the aggregate principal amount of
TWO MILLION DOLLARS
in annual installments of principal due and payable on August
15 in each of the years, and in the respective principal
amounts, as set forth in the following schedule
YEAR
AMOUNT
YEAR
AMOUNT
1986
$10,000
1995
$135,000
1987
40,000
1996
150,000
1548
45,000
1997
150,000
1989
55,000
1998
150,000
1990
55,000
1999
150,000
1991
100,000
2000
150,000
1992
110,000
2001
150,000
1993
120,000
2002
150,000
1994
125,000
2003
155,000
and to pay interest, from the date of this Bond hereinafter
stated, on the balance of each such installment of principal,
respectively, from time to time remaining unpaid, at the rates
as follows
2
12. 00 % per annum on the above installment of
principal due and payable on August 15, 1986,
12. 00 % per annum on the above installment of
principal due and payable on August 15, 1987,
12.00 % per annum on the above installment of
principal due and payable on August 15, 1988;
12� per annum on the above installment of
principal due and payable on August 15, 1989;
12. 00.% per annum on the above installment of
principal due and payable on August 15, 1990;
12. 00% per annum on the above installment of
principal due and payable on August 15, 1991;
12. 00% per annum on the above installment of
principal due and payable on August 15, 1992;
12. 00% per annum on the above installment of
principal due and payable on August 15, 1993,
9.30.% per annum on the above installment of
principal due and payable on August 15, 1994,
9.45.% per annum on the above installment of
principal due and payable on August 15, 1995,
9.60_7, per annum on the above installment of
principal due and payable on August 15, 1996;
9,80A per annum on the above installment of
principal due and payable on August 15, 1997,
9.90 % per annum on the above installment of
principal due and payable on August 15, 1998,
1Q. 00 % per annum on the above installment of
principal due and payable on August 15, 1999,
10. 00A per annum on the above installment of
principal due and payable on August 15, 2000,
10.00 % per annum on the above installment of
principal due and payable on August 15, 2001,
jo.Qo A. per annum on the above installment of
principal due and payable on August 15, 2002,
per annum on the above installment of
principal due and payable on August 15, 2003,
with said interest being payable on February 15, 1985, an,
semiannually on each August 15 and February 15 thereafter while
this Bond or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this
Bond are payable in lawful money of the United States of
America, without exchange or collection charges The install-
ments of principal and the interest on this Bond are payable to
the registered owner hereof through the services of First City
National Bank of Austin, Austin, Texas, which is the "Paying
Agent/Registrar" for this Bond Payment of all principal of
and interest on this Bond shall be made by the Paying Agent/
Registrar to the registered owner hereof on each principal and/
or interest payment date by check or draft, dated as of such
date, drawn by the Paying Agent/Registrar on, and payable sole-
ly from, funds of the Issuer required by the ordinance author-
izing the .issuance of this Bond (the "Bond Ordinance") to be on
deposit with the Paying Agent/Registrar for such purpose as
hereinafter provided; and such check or draft shall be sent by
the Paying Agent/Registrar by United States mail, first-class
postage prepaid, on each such principal and/or interest payment
date, to the registered owner hereof, at the address of the
registered owner, as it appeared on the last business day of
the month next preceding each such date (the "Record Date") on
the Registration Books kept by the Paying Agent/Registrar, as
hereinafter described. The Issuer covenants with the regis-
tered owner of this Bond that on or before each principal and/
or interest payment date for this Bond it will make available
to the Paying Agent/Registrar, from the "Interest and Redemp-
tion Fund" created by the Bond Ordinance, the amounts required
to provide for the payment, in immediately available funds, of
all principal of and interest on this Bond, when due
3
IF THE DATE for the payment of the principal of or inter-
est on this Bond shall be a Saturday, Sunday, a legal holiday,
or a day on which banking institutions in the City where the
Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall
be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day on which banking institutions are
authorized to close, and payment on such date shall have the
same force and effect as if made on the original date payment
was due
THIS BOND has been authorized in accordance with the
Constitution and laws of the State of Texas for the purpose of
improving and extending the Issuer's Waterworks System, to -wit.
Water Treatment Plant and Transmission Lines
ON AUGUST 15, 199, or on any interest payment date there-
after, the unpaid installments of principal of this Bond may be
prepaid or redeemed prior to their scheduled due dates, at the
option of the Issuer, with funds derived from any available
source, as a whole, or in part, and, if in part the Issuer
shall select and designate the maturity or maturities and the
amount that is to be redeemed, and if less than a whole matur-
ity is to be redeemed, the Issuer shall direct the Paying
Agent/Registrar to call by lot (provided that a portion of this
Bond may be redeemed only in an integral multiple of $5,000),
plus accrued interest to the date fixed for prepayment or re-
demption. At least 30 days prior to the date fixed for any
such prepayment or redemption a written notice of such prepay-
ment or redemption shall be mailed by the Paying Agent/Regis-
trar to the registered owner hereof. By the date fixed for any
such prepayment or redemption due provision shall be made by
the Issuer with the Paying Agent/Registrar for the payment of
the required prepayment or redemption price for this Bond or
the portion hereof which is to be so prepaid or redeemed, plus
accrued interest thereon to the date fixed for prepayment or
redemption. If such written notice of prepayment or redemption
is given, and if due provision for such payment is made, all as
provided above, this Bond, or the portion thereof which is to
be so prepaid or redeemed, thereby automatically shall be
treated as prepaid or redeemed prior to its scheduled due date,
and shall not bear interest after the date fixed for its pre-
payment or redemption, and shall not be regarded as being out-
standing except for the right of the registered owner to re-
ceive the prepayment or redemption price plus accrued interest
to the date fixed for prepayment or redemption from the Paying
Agent/Registrar out of the funds provided for such payment.
The Paying Agent/Registrar shall record in the Registration
Books all such prepayments or redemptions of principal of this
Bond or any portion hereof.
THIS BOND, to the extent of the unpaid or unredeemed prin-
cipal balance hereof, or any unpaid and unredeemed portion
hereof in any integral multiple of $5,000, may be assigned by
the initial registered owner hereof and shall be transferred
only in the Registration Books of the Issuer kept by the Paying
Agent/Registrar acting in the capacity of registrar for the
Bonds, upon the terms and conditions set forth in the Bond Ord-
inance. Among other requirements for such transfer, this Bond
must be presented and surrendered to the Paying Agent/Registrar
for cancellation, together with proper ,instruments of assign-
ment, in form and with guarantee of signatures satisfactory to
the Paying Agent/Registrar, evidencing assignment by the ini-
tial registered owner of this Bond, or any portion or portions
hereof in any integral multiple of $5,000, to the assignee or
assignees in whose name or names this Bond or any such portion
or portions hereof is or are to be transferred and registered
Any instrument or instruments of assignment satisfactory to the
Paying Agent/Registrar may be used to evidence the assignment
2
U
of this Bond or any such portion or portions hereof by the ini-
tial registered owner hereof. A new bond or bonds payable to
such assignee or assignees (which then will be the new regis-
tered owner or owners Of such new Bond or Bonds) or to the ini-
tial registered owner as to any portion of this Bond which is
not being assigned and transferred by the initial registered
owner, shall be delivered by the Paying Agent/Registrar in con-
version of and exchange for this Bond or any portion or por-
tions hereof, but solely in the form and manner as provided in
the next paragraph hereof for the conversion and exchange of
this Bond or any portion hereof The registered owner of this
Bond shall be deemed and treated by the Issuer and the Paying
Agent/Registrar as the absolute owner hereof for all purposes,
including payment and discharge of liability upon this Bond to
the extent of such payment, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the con-
trary.
AS PROVIDED above and in the Bond Ordinance, this Bond, to
the extent of the unpaid or unredeemed principal balance here-
of, may be converted into and exchanged for a like aggregate
principal amount of fully registered bonds, without interest
coupons, payable to the assignee or assignees duly designated
in writing by the initial registered owner hereof, or to the
initial registered owner as to any portion of this Bond which
is not being assigned and transferred by the initial registered
owner, in any denomination or denominations in any integral
multiple of $5,000 (subject to the requirement hereinafter
stated that each substitute bond issued in exchange for any
portion of this Bond shall have a single stated principal ma-
turity date), upon surrender of this Bond to the Paying Agent/
Registrar for cancellation, all in accordance with the form and
procedures set forth in the Bond Ordinance If this Bond or
any portion hereof is assigned and transferred or converted
each bond issued in exchange for any portion hereof shall have
a single stated principal maturity date corresponding to the
due date of the installment of principal of this Bond or por-
tion hereof for which the substitute bond is being exchanged,
and shall bear -interest at the rate applicable to and borne by
such installment of principal or portion thereof Such bonds,
respectively, shall be subject to redemption prior to maturity
on the same dates and for the same prices as the corresponding
installment of principal of this Bond or portion hereof for
which they are being exchanged No such bond shall be payable
in installments, but shall have only one stated principal ma-
turity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN
ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED
ONCE ONLY, and to one or more assignees, but the bonds issued
and delivered in exchange for this Bond or any portion hereof
may be assigned and transferred, and converted, subsequently,
as provided in the Bond Ordinance The Issuer shall pay the
Paying Agent/Registrar's standard or customary fees and charges
for transferring, converting, and exchanging this Bond or any
portion thereof, but the one requesting such transfer, conver-
sion, and exchange shall pay any taxes or governmental charges
required to be paid with respect thereto The Paying Agent/
Registrar shall not be required to make any such assignment,
conversion, or exchange (i) during the period commencing with
the close of business on any Record Date and ending with the
opening of business on the next following principal or interest
payment date, or, (ii) with respect to any Bond or portion
thereof called for prepayment or redemption prior to maturity,
within 45 days prior to its prepayment or redemption date.
IN THE EVENT any Paying Agent/Registrar for this Bond is
changed by the Issuer, resigns, or otherwise ceases to act as
such, the Issuer has covenanted in the Bond Ordinance that it
promptly will appoint a competent and legally qualified
5
M
substitute therefor, and promptly will cause written notice
thereof to be mailed to the registered owner of this Bond.
IT IS HEREBY certified, recited, and covenanted that this
Bond has been duly and validly voted, authorized, issued, sold,
and delivered, that all acts, conditions, and things required
or proper to be performed, exist, and be done precedent to or
in the authorization, issuance, and delivery of this Bond have
been performed, existed, and been done in accordance with law,
that this Bond is a special obligation, and that the interest
on and principal of this Bond, together with other revenue
bonds of the Issuer, are payable from, and secured by a first
lien on and pledge of the Net Revenues of the Issuer's Utility
System, being the Issuer's combined Waterworks, Sewer and
Electric Light System, including all additions, extensions and
improvements thereto which may hereafter be made
SAID ISSUER has reserved the right, subject to the
restrictions stated, and adopted by reference, in the Ordinance
authorizing this Series of Bonds, to issue additional parity
revenue bonds which also may be made payable from, and secured
by a lien on and pledge of the Net Revenues of the Issuer's
Utility System in the same manner and to the same extent as
this series of Bonds
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.
BY BECOMING the registered owner of this Bond, the regis-
tered owner thereby acknowledges all of the terms and provi-
sions of the Bond Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Bond Ordinance is duly
recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Bond and the Bond Ordi-
nance constitute a contract between the registered owner hereof
and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be
signed with the manual signature of the Mayor of the Issuer and
countersigned with the manual signature of the City Secretary
of the Issuer, has caused the official seal of the Issuer to be
duly impressed on this Bond, and has caused this Bond to be
dated July 15, 1964
City Secretary Mayor
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE OF THE
COMPTROLLER OF PUBLIC ACCOUNTS
COMPTROLLER'S REGISTRATION CERTIFICATE REGISTER NO
I hereby certify that this Bond has been examined, certi-
fied as to validity, and approved by the Attorney General of
the State of Texas, and that this Bond has been registered by
the Comptroller of Public Accounts of the State of Texas
Witness my signature and seal this
(COMPTROLLER'S SEAL)
xxxxxxxx
Comptroller of Public Accounts
of the State of Texas
0
V
Section 6 ADDITIONAL CHARACTERISTICS OF THE BONDS
Registration and Transfer (a) The Issuer shall keep or cause
to be kept at the principal corporate trust office of First
City National Bank of Austin Austin Texas (the Paying
Agent/Registrar ) books or records of the registration and
transfer of the Bonds (the Registration Books ) and the
Issuer hereby appoints the Paying Agent/Registrar as its regis-
trar and transfer agent to keep such books or records and make
such transfers and registrations under such reasonable regula-
tions as the Issuer and Paying Agent/Registrar may prescribe
and the Paying Agent/Registrar shall make such transfers and
registrations as herein provided The Paying Agent/Registrar
shall obtain and record in the Registration Books the address
of the registered owner of each Bond to which payments with
respect to the Bonds shall be mailed as herein provided but
it shall be the duty of each registered owner to notify the
Paying Agent/Registrar in writing of the address to which
payments shall be mailed and such interest payments shall not
be mailed unless such notice has been given The Issuer shall
have the right to inspect the Registration Books during regular
business hours of the Paying Agent/Registrar but otherwise the
Paying Agent/Registrar shall keep the Registration Books
confidential and unless otherwise required by law shall not
permit their inspection by any other entity Registration of
each Bond may be transferred in the Registration Books only
upon presentation and surrender of such Bond to the Paying
Agent/Registrar for transfer of registration and cancellation
together with proper written instruments of assignment in form
and with guarantee of signatures satisfactory to the Paying
Agent/Rdgistrar (i) evidencing the assignment of the Bond or
any portion thereof in any integral multiple of $5 000 to the
assignee or assignees thereof and (ii) the right of such
assignee or assignees to have the Bond or any such portion
thereof registered in the name of such assignee or assignees
Upon the assignment and transfer of any Bond or any portion
thereof a new substitute Bond or Bonds shall be issued in
conversion and exchange therefor in the manner herein provided
The Initial Bond to the extent of the unpaid or unredeemed
principal balance thereof may be assigned and transferred by
the initial registered owner thereof once only and to one or
more assignees designated in writing by the initial registered
owner thereof All Bonds issued and delivered in conversion of
and exchange for the Initial Bond shall be in any denomination
or denominations of any integral multiple of $5 000 (subject to
the requirement hereinafter stated that each substitute Bond
shall have a single stated principal maturity date) shall be
in the form prescribed in the FORM OF SUBSTITUTE BOND set forth
in this Ordinance and shall have the characteristics and may
be assigned transferred and converted as hereinafter pro-
vided If the Initial Bond or any portion thereof is assigned
and transferred or converted the Initial Bond must be surren-
dered to the Paying Agent/Registrar for cancellation and each
Bond issued in exchange for any portion of the Initial Bond
shall have a sinale stated principal maturity date and shall
not be payable in installments and each such Bond shall have a
principal maturity date corresponding to the due date of the
installment of principal or portion thereof for which the
substitute Bond is being exchanged and each such Bond shall
bear interest at the single rate applicable to and borne by
such installment of principal or portion thereof for which it
is being exchanged If only a portion of the Initial Bond is
assigned and transferred there shall be delivered to and
registered in the name of the initial registered owner substi-
tute Bonds in exchange for the unassigned balance of the
Initial Bond in the same manner as if the initial registered
owner were the assignee thereof If any Bond or portion
thereof other than the Initial Bond is assigned and transferred
or converted each Bond issued in exchange therefor shall have
the same principal maturity date and bear interest at the same
7
28'
rate as the Bond for which it is exchanged A form of assign-
ment shall be printed or endorsed on each Bond excepting the
Initial Bond which shall be executed by the registered owner
or its duly authorized attorney or representative to evidence
an assignment thereof Upon surrender of any Bonds or any
portion or portions thereof for transfer of registration an
authorized representative of the Paying Agent/Registrar shall
make such transfer in the Registration Books and shall deliver
a new fully registered substitute Bond or Bonds having the
characteristics herein described payable to such assignee or
assignees (which then will be the registered owner or owners of
such new Bond or Bonds) or to the previous registered owner in
case only a portion of a Bond is being assigned and trans-
ferred all in conversion of and exchange for said assigned
Bond or Bonds or any portion or portions thereof in the same
form and manner and with the same effect as provided in
Section 6(d) below for the conversion and exchange of Bonds
by any registered owner of a Bond The Issuer shall pay the
Paying Agent/Registrar s standard or customary fees and charges
for making such transfer and delivery of a substitute Bond or
Bonds but the one requesting such transfer shall pay any taxes
or other governmental charges required to be paid with respect
thereto The Paying Agent/Registrar shall not be required to
make transfers of registration of any Bond or any portion
thereof (1) during the period commencing with the close of
business on any Record Date and ending with the opening of
business on the next following principal or interest payment
date or (ii) with respect to any Bond or any portion thereof
called for redemption prior to maturity within 45 days prior
to its redemption date
(b) Ownership of Bonds The entity in whose name any
Bond shall be registered in the Registration Books at any time
shall be deemed and treated as the absolute owner thereof for
all purposes of this Ordinance whether or not such Bond shall
be overdue and the Issuer and the Paying Agent/Registrar shall
not be affected by any notice to the contrary and payment of
or on account of the principal of premium if any and
interest on any such Bond shall be made only to such registered
owner All such payments shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the
extent of the sum or sums so paid
(c) Payment of Bonds and Interest The Issuer hereby
further appoints the Paying Agent/Registrar to act as the
paying agent for paying the principal of and interest on the
Bonds and to act as its agent to convert and exchange or
replace Bonds all as provided in this Ordinance The Paying
Agent/Registrar shall keep proper records of all payments made
by the Issuer and the Paying Agent/Registrar with respect to
the Bonds and of all conversions and exchanges of Bonds and
all replacements of Bonds as provided in this Ordinance How-
ever in the event of a nonpayment of interest on a scheduled
payment date and for thirty (30) days thereafter a new record
date for such interest payment (a Special Record Date ) will
be established by the Paying Agent/Registrar if and when funds
for the payment of such interest have been received from the
District Notice of the past due interest (which shall be 15
days after the Special Record Date) shall be sent at least five
(5) business days prior to the Special Record Date by United
States mail first class postage prepaid to the address of
each Bondholder appearing on the Security Register at the close
of business on the last business day next preceding the date of
mailing of such notice
(d) Conversion and Exchange or Replacement,_Authentica-
tion Each Bond issued and delivered pursuant to this Ordin-
ance to the extent of the unpaid or unredeemed principal bal-
ance or principal amount thereof may upon surrender of such
L
2?
Bond at the principal corporate trust office of the Paying
Agent/Registrar together with a written request therefor duly
executed by the registered owner or the assignee or assignees
thereof or its or their duly authorized attorneys or represen-
tatives with guarantee of signatures satisfactory to the Pay-
ing Agent/Registrar may at the option of the registered owner
or such assignee or assignees as appropriate be converted
into and exchanged for fully registered bonds without interest
coupons in the form prescribed in the FORM OF SUBSTITUTE BOND
set forth .in this Ordinance in the denomination of $5 000 or
any integral multiple of $5 000 (subject to the requirement
hereinafter stated that each substitute Bond shall have a
single stated maturity date) as requested in writing by such
registered owner or such assignee or assignees in an aggregate
principal amount equal to the unpaid or unredeemed principal
balance or principal amount of any Bond or Bonds so surren-
dered and payable to the appropriate registered owner assign-
ee or assignees as the case may be If the Initial Bond is
assigned and transferred or converted each substitute Bond
.issued in exchange for any portion of the Initial Bond shall
have a single stated principal maturity date and shall not be
payable in installments and each such Bond shall have a prin-
cipal maturity date corresponding to the due date of the in-
stallment of principal or portion thereof for which the sub-
stitute Bond is being exchanged and each such Bond shall bear
interest at the single rate applicable to and borne by such
installment of principal or porton thereof for which it is
being exchanged If a portion of any Bond (other than the
Initial Bond) shall be redeemed prior to Its scheduled maturity
as provided herein a substitute Bond or Bonds having the same
maturity date bearing interest at the same rate in the denom-
ination or denominations of any integral multiple of $5 000 at
the request of the registered owner and in aggregate principal
amount equal to the unredeemed portion thereof will be issued
to the registered owner upon surrender thereof for cancella-
tion If any Bond or portion thereof (other than the Initial
Bond) is assigned and transferred or converted each Bond is-
sued in exchange therefor shall have the same principal matur-
ity date and bear interest at the same rate as the Bond for
which it is being exchanged Each substitute Bond shall bear a
letter and/or number to distinguish it from each other Bond
The Paying Agent/Registrar shall convert and exchange or re-
place Bonds as provided herein and each fully registered bond
delivered in conversion of and exchange for or replacement of
any Bond or portion thereof as permitted or required by any
provision of this Ordinance shall constitute one of the Bonds
for all purposes of this Ordinance and may again be converted
and exchanged or replaced It is specifically provided that
any Bond authenticated in conversion of and exchange for or
replacement of another Bond on or prior to the first scheduled
Record Date for the Initial Bond shall bear interest from the
date of the Initial Bond but each substitute Bond so authenti-
cated after such first scheduled Record Date shad bear inter-
est from the interest payment date next preceding the date on
which such substitute Bond was so authenticated unless such
Bond is authenticated after any Record Date but on or before
the next following interest payment date in which case it
shall bear interest from such next following interest payment
date provided however that if at the time of delivery of any
substitute Bond the interest on the Bond for which it is being
exchanged .is due but has not been paid then such Bond shall
bear interest from the date to which such interest has been
paid in full THE INITIAL BOND issued and delivered pursuant
to this Ordinance is not required to be and shall not be au-
thenticated by the Paying Agent/Registrar but on each substi-
tute Bond issued in conversion of and exchange for or replace-
ment of any Bond or Bonds issued under this Ordinance there
shall be printed a certificate in the form substantially as
follows
0
PAYING AGENT/REGISTRAR S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued
under the provisions of the Bond Ordinance described on the
face of this Bond and that this Bond has been issued in
conversion of and exchange for or replacement of a bond bonds
or a portion of a bond or bonds of an issue which originally
was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State
of Texas
Dated
Paying Agent/Registrar
By
Authorized Representative
An authorized representative of the Paying Agent/Registrar
shall before the delivery of any such Bond date and manually
sign the above Certificate and no such Bond shall be deemed to
be issued or outstanding unless such Certificate is so ex-
ecuted The Paying Agent/Registrar promptly shall cancel all
Bonds surrendered for conversion and exchange or replacement
No additional ordinances orders or resolutions need be passed
or adopted by the governing body of the Issuer or any other
body or person so as to accomplish the foregoing conversion and
exchange or replacement of any Bond or portion thereof and the
Paying Agent/Registrar shall provide for the printing execu-
tion and delivery of the substitute Bonds in the manner pre-
scribed herein and said Bonds shall be of type composition
printed on paper with lithographed or steel engraved borders of
customary weight and strength Pursuant to Vernon s Ann Tex
Civ St Art 717k-6 and particularly Section 6 thereof the
duty of conversion and exchange or replacement of Bonds as
aforesaid is hereby imposed upon the Paying Agent/Registrar
and upon the execution of the above Paying Agent/Registrar s
Authentication Certificate the converted and exchanged or
replaced Bond shall be valid incontestable and enforceable
in the same manner and with the same effect as the Initial Bond
which originally was issued pursuant to this Ordinance ap-
proved by the Attorney General and registered by the Comp-
troller of Public Accounts The Issuer shall pay the Paying
Agent/Registrar s standard or customary fees and charges for
transferring converting and exchanging any Bond or any
portion thereof but the one requesting any such transfer
conversion and exchange shall pay any taxes or governmental
charges required to be paid with respect thereto as a condition
precedent to the exercise of such privilege of conversion and
exchange The Paying Agent/ Registrar shall not be required to
make any such conversion and exchange or replacement of Bonds
or any portion thereof (i) during the period commencing with
the close of business on any Record Date and ending with the
opening of business on the next following principal or interest
payment date or (ii) with respect to any Bond or portion
thereof called for redemption prior to maturity within 45 days
prior to its redemption date
(e) In General All Bonds issued in conversion and
exchange or replacement of any other Bond or portion thereof
(i) shall be issued in fully registered form without interest
coupons with the principal of and interest on such Bonds to be
payable only to the registered owners thereof (ii) may be
redeemed prior to their scheduled maturities (iii) may be
transferred and assigned (iv) may be converted and exchanged
for other Bonds (v) shall have the characteristics (vi) shall
be signed and sealed and (vii) the principal of and interest
on the Bonds shall be payable all as provided and in the
manner required or indicated in the FORM OF SUBSTITUTE BOND
set forth in this Ordinance
10
3r
(f) Payment of Fees and Charges The Issuer hereby
covenants with the registered owners of the Bonds that it will
(i) pay the standard or customary fees and charges of the
Paying Agent/Registrar for its services with respect to the
payment of the principal of and .interest on the Bonds, when
due, and (ii) pay the fees and charges of the Paying Agent/
Registrar for services with respect to the transfer of regis-
tration of Bonds, and with respect to the conversion and
exchange of Bonds solely to the extent above provided in this
Ordinance.
(g) Substitute Paving Agent/Registrar The Issuer coven-
ants with the registered owners of the Bonds that at all times
whsle the Bonds are outstanding the Issuer will provide a
competent and legally qualified bank, trust company, financial
institution, or other agency to act as and perform the services
of Paying Agent/Registrar for the Bonds under this Ordinance,
and that the Paying Agent/Registrar will be one entity. The
Issuer reserves the right to, and may, at its option, change
the Paying Agent/Registrar upon not less than 120 days written
notice to the Paying Agent/Registrar, to be effective not later
than 60 days prior to the next principal or interest payment
date after such notice. In the event that the entity at any
time acting as Paying Agent/Registrar (or its successor by
merger, acquisition, or other method) should resign or other-
wise cease to act as such, the Issuer covenants that promptly
it will appoint a competent and legally qualified bank, trust
company, financial institution, or other agency to act as
Paying Agent/Registrar under this Ordinance Upon any change
in the Paying Agent/Registrar, the previous Paying Agent/Regis-
trar promptly shall transfer and deliver the Registration Books
(or a copy thereof), along with all other pertinent books and
records relating to the Bonds, to the new Paying Agent/Regis-
trar designated and appointed by the Issuer Upon any change
in the Paying Agent/Registrar, the Issuer promptly will cause a
written notice thereof to be sent by the new Paying Agent/Reg-
istrar to each registered owner of the Bonds, by United States
mail, first-class postage prepaid, which notice also shall give
the address of the new Paying Agent/Registrar By accepting
the position and performing as such, each Paying Agent/Regis-
trar shall be deemed to have agreed to the provisions of this
Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
Section 7. FORM OF SUBSTITUTE BONDS The form of all
Bonds issued in conversion and exchange or replacement of any
other Bond or portion thereof, including the form of Paying
Agent/Registrar's Certificate to be printed on each of such
Bonds, and the Form of Assignment to be printed on each of the
Bonds, shall be, respectively, substantially as folldws, with
such appropriate variations, omissions, or insertions as are
permitted or required by this Ordinance
NO
FORM OF SUBSTITUTE BOND
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN, TEXAS
UTILITY SYSTEM REVENUE BOND
SERIES 1984
PRINCIPAL
AMOUNT
INTEREST RATE MATURITY DATE CUSIP NO
11
312-
ON THE MATURITY DATE specified above, THE CITY OF GEORGE-
TOWN, in Williamson County, Texas (the "Issuer"), being a poli-
tical subdivision of the State of Texas, hereby promises to pay
to
or to the registered assignee hereof (either being hereinafter
called the "registered owner") the principal amount of
and to pay interest thereon from July 15, 1984 to the maturity
date specified above, or the date of redemption prior to matur-
ity, at the interest rate per annum specified above with inter-
est being payable February 15, 1985 and semiannually on each
August 15 and February 15 thereafter, except that if the date
of authentication of this Bond is later than January 31, 1985,
such principal amount shall bear interest from the interest
payment date next preceding the date of authentication, unless
such date of authentication is after any Record Date (herein-
after defined) but on or before the next following interest
payment date, in which case such principal amount shall bear
interest from such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in
lawful money of the United States of America, without exchange
or collection charges The principal of this Bond shall be
paid to the registered owner hereof upon presentation and
surrender of this Bond at maturity or upon the date fixed for
its redemption prior to maturity, at the principal corporate
trust office of First City National Bank of Austin, Austin,
Texas, which is the "Paying Agent/Registrar" for this Bond The
payment of interest on this Bond shall be made by the Paying
Agent/Registrar to the registered owner hereof on each interest
payment date by check or draft, dated as of such interest
payment date, drawn by the Paying Agent/Registrar on, and
payable solely from, funds of the Issuer required by the
ordinance authorizing the issuance of the Bonds (the "Bond
Ordinance") to be on deposit with the Paying Agent/Registrar
for such purpose as hereinafter provided, and such check or
draft shall be sent by the Paying Agent/Registrar by United
States mail, first-class postage prepaid, on each such interest
payment date, to the registered owner hereof, at the address of
the registered owner, as it appeared on the last business day
of the month next preceding each such date (the "Record Date")
on the Registration Books kept by the Paying Agent/Registrar,
as hereinafter described Any accrued interest due upon the
redemption of this Bond prior to maturity as provided herein
shall be paid to the registered owner at the principal corpor-
ate trust office of the Paying Agent/Registrar upon presenta-
tion and surrender of this Bond for redemption and payment at
the principal corporate trust office of the Paying Agent/Regis-
trar The Issuer covenants with the registered owner of this
Bond that on or before each principal payment date, interest
payment date, and accrued interest payment date for this Bond
it will make available to the Paying Agent/Registrar, from the
"Interest and Redemption Fund" created by the Bond Ordinance,
the amounts required to provide for the payment, in immediately
available funds, of all principal of and interest on the Bonds,
when due
IF THE DATE for the payment of the principal of or inter-
est on this Bond shall be a Saturday, Sunday, a legal holiday,
or a day on which banking institutions in the City where the
Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall
be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day on which banking institutions are
authorized to close, and payment on such date shall have the
same force and effect as if made on the original date payment
was due
12
THIS BOND is one of an issue of Bonds initially dated July
1, 1984, authorized in accordance with the Constitution and
laws of the State of Texas in the principal amount of
$2,000,000, for the purpose of improving and extending the
Issuer's Waterworks System, to -wit Water Treatment Plant and
Transmission Lines
ON AUGUST 15, 1994, or on any interest payment date there-
after, the unpaid installments of principal of this Bond may be
prepaid or redeemed prior to their scheduled due dates, at the
option of the Issuer, with funds derived from any available
source, as a whole, or in part, and, if in part the Issuer
shall select and designate the maturity or maturities and the
amount that is to be redeemed, and if less than a whole matur-
ity is to be called, the Issuer shall direct the Paying Agent/
Registrar to call by lot (provided that a portion of a Bond may
be redeemed only in an integral multiple of $5,000), at the
redemption price of the principal amount thereof, plus accrued
interest to the date fixed for prepayment or redemption At
least 30 days prior to the date fixed for any redemption of
Bonds or portions thereof prior to maturity a written notice of
such redemption shall be published once in a financial publica-
tion, journal, or reporter of general circulation among secur-
ities dealers in The City of New York, New York (including, but
not limited to, The Bond Buyer and The Wall Street Journal), or
in the State of Texas (including, but not limited to, The Texas
Bond Reporter). Such notice also shall be sent by the Paying
Agent/Registrar by United States mail, first class postage pre-
paid, not less than 30 days prior to the date fixed for any
such redemption, to the registered owner of each Bond to be
redeemed at its address as it appeared on the 45th day prior to
such redemption date, provided, however, that the failure to
send, mail, or receive such notice, or any defect therein or in
the sending or mailing thereof, shall not affect the validity
or effectiveness of the proceedings for the redemption of any
Bond, and it is hereby specifically provided that the publica-
tion of such notice as required above shall be the only notice
actually required in connection with or as a prerequisite to
the redemption -of any Bonds or portions thereof. By the date
fixed for any such redemption due provision shall be made with
the Paying Agent/Registrar for the payment of the required re-
demption price for the Bonds or portions thereof which are to
be so redeemed, plus accrued interest thereon to the date fixed
for redemption If such written notice of redemption is pub-
lished and if due provision for such payment is made, all as
provided above, the Bonds or portions thereof which are to be
so redeemed thereby automatically shall be treated as redeemed
prior to their scheduled maturities, and they shall not bear
interest after the date fixed for redemption, and they shall
not be regarded as being outstanding except for the'right of
the registered owner to receive the redemption price plus ac-
crued interest from the Paying Agent/ Registrar out of the
funds pLovided for such payment If a portion of any Bond
shall be redeemed a substitute Bond or Bonds having the same
maturity date, bearing interest at the same rate, in any denom-
ination or denominations in any integral multiple of $5,000, at
the written request of the registered owner, and in aggregate
principal amount equal to the unredeemed portion thereof, will
be issued to the registered owner upon the surrender thereof
for cancellation, at the expense of the Issuer, all as provided
in the Bond Ordinance
THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTE-
GRAL MULTIPLE OF $5,000 may be assigned and shall be trans-
ferred only in the Registration Books of the Issuer kept by the
Paying Agent/Registrar acting in the capacity of registrar for
the Bonds, upon the terms and conditions set forth in the Bond
Ordinance Among other requirements for such assignment and
transfer, this Bond must be presented and surrendered to the
13
3f
Paying Agent/Registrar, together with proper instruments of
assignment, in form and with guarantee of signatures satisfac-
tory to the Paying Agent/Registrar, evidencing assignment of
this Bond or any portion or portions hereof in any integral
multiple of $5,000 to the assignee or assignees in whose name
or names this Bond or any such portion or portions hereof is or
are to be transferred and registered The form of Assignment
printed or endorsed on this Bond shall be executed by the
registered owner or its duly authorized attorney or representa-
tive, to evidence the assignment hereof. A new Bond or Bonds
payable to such assignee or assignees (which then will be the
new registered owner or owners of such new Bond or Bonds), or
to the previous registered owner in the case of the assignment
and transfer of only a portion of this Bond, may be delivered
by the Paying Agent/Registrar in conversion of and exchange for
this Bond, all in the form and manner as provided in the next
paragraph hereof for the conversion and exchange of other
Bonds. The Issuer shall pay the Paying Agent/Registrar's
standard or customary fees and charges for making such trans-
fer, but the one requesting such transfer shall pay any taxes
or other governmental charges required to be paid with respect
thereto The Paying Agent/Registrar shall not be required to
make transfers of registration of this Bond or any portion
hereof (i) during the period commencing with the close of
business on any Record Date and ending with the opening of
business on the next following principal or interest payment
date, or, (ii) with respect to any Bond or any portion thereof
called for redemption prior to maturity, within 45 days prior
to its redemption date. The registered owner of this Bond
shall be deemed and treated by the Issuer and the Paying
Agent/Registrar as the absolute owner hereof for all purposes,
including payment and discharge of liability upon this Bond to
the extent of such payment, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the
contrary.
ALL BONDS OF THIS SERIES are issuable solely as fully
registered bonds, without interest coupons, in the denomination
of any integral multiple of $5,000. As provided in the Bond
Ordinance, this Bond, or any unredeemed portion hereof, may, at
the request of the registered owner or the assignee or as-
signees hereof, be converted into and exchanged for a like
aggregate principal amount of fully registered bonds, without
interest coupons, payable to the appropriate registered owner,
assignee, or assignees, as the case may be, having the same
maturity date, and bearing interest at the same rate, in any
denomination or denominations in any integral multiple of
$5,000 as requested in writing by the appropriate registered
owner, assignee, or assignees, as the case may be, upon sur-
render of this Bond to the Paying Agent/Registrar for cancella-
tion, all in accordance with the form and procedures set forth
in the Bond Ordinance. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for
transferring, converting, and exchanging any Bond or any
portion thereof, but the one requesting such transfer, conver-
sion, and exchange shall pay any taxes or governmental charges
required to be paid with respect thereto as a condition prece-
dent to the exercise of such privilege of conversion and
exchange The Paying Agent/Registrar shall not be required to
make any such conversion and exchange (i) during the period
commencing with the close of business on any Record Date and
ending with the opening of business on the next following
principal or interest payment date, or, (ii) with respect to
any Bond or portion thereof called for redemption prior to
maturity, within 45 days prior to its redemption date
IN THE EVENT any Paying Agent/Registrar for the Bonds is
changed by the Issuer, resigns, or otherwise ceases to act as
such, the Issuer has covenanted in the Bond Ordinance that it
14
FA
promptly will appoint a competent and legally qualified substi-
tute therefor, and promptly will cause written notice thereof
to be mailed to the registered owners of the Bonds
IT IS HEREBY certified, recited, and covenanted that this
Bond has been duly and validly voted, authorized, issued, sold,
and delivered, that all acts, conditions, and things required
or proper to be performed, exist, and be done precedent to or
in the authorization, issuance, and delivery of this Bond have
been performed, existed, and been done in accordance with law,
that this Bond is a special obligation; and that the interest
on and principal of this Bond, together with other revenue
bonds of the Issuer, are payable from, and secured by a first
lien on and pledge of the Net Revenues of the Issuer's Utility
System, being the Issuer's combined Waterworks, Sewer and
Electric Light System, including all additions, extensions and
improvements thereto which may hereafter be made.
SAID ISSUER has reserved the right, subject to the
restrictions stated, and adopted by reference, in the Ordinance
authorizing this Series of Bonds, to issue additional parity
revenue bonds which also may be made payable from, and secured
by a lien on and pledge of the Net Revenues of the Issuer's
Utility System in the same manner and to the same extent as
this series of Bonds
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
BY BECOMING the registered owner of this Bond, the regis-
tered owner thereby acknowledges all of the terms and provi-
sions of the Bond Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Bond Ordinance is duly
recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Bond and the Bond Ordi-
nance constitute a contract between each registered owner
hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be
signed with the facsimile signature of the Mayor of the Issuer
and countersigned with the facsimile signature of the City
Secretary of the Issuer, and has caused the official seal of
the Issuer to be duly impressed, or placed in facsimile, on
this Bond
(facsimile signature) (facsimile signature)
City Secretary Mayor
(CITY SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby cert.Lfied that this Bond has been issued
under the provisions of the Bond Ordinance described on the
face of this Bond, and that this Bond has been issued in
conversion of and exchange for or replacement of a bond, bonds,
or a portion of a bond or bonds of an issue which originally
was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State
of Texas
Dated Paying Agent/Registrar
By
Authorized Representative
15
0
FORM OF ASSIGNMENT
ASSIGNMENT
For value received, the undersigned registered owner of this
Bond, or duly authorized representative or attorney thereof,
hereby assigns this Bond to
(print or type the name and address of the
assignee and any other relevant information)
and authorizes the Paying Agent/Registrar to transfer the
registration of this Bond in the Registration Books
Dated
(Notice• The signature
name of the Registered Owner
this Bond in every particular,
ment of any change whatsoever)
Signature Guaranteed
Registered Owner
above must correspond with the
as it appears upon the front of
without alteration or enlarge -
(Notice Signature(s) must be guaranteed by a member firm
of the New York Stock Exchange or a commercial bank or trust
company).
Section 8. DEFINITIONS That as used in this Ordinance
the following terms shall have the meanings set forth below,
unless the text hereof specifically indicates otherwise
(a) "City" or "Issuer" shall mean the City of Georgetown.
(b) 'City Council" or "Council" means the governing body
of the City of Georgetown
(c) "Bonds" shall mean the $2,000,000 of revenue bonds
authorized by this Ordinance
(d) "Outstanding Bonds" or "Outstanding Revenue Bonds"
shall mean the "City of Georgetown Utility System Revenue
Bonds, Series 1966, dated June 1, 1966, "City of Georgetown
Utility System Revenue Bonds, Series 1971, dated March 1, 1971,
"City of Georgetown Utility System Revenue Bonds, Series 1974,
dated October 15, 1974, and "City of Georgetown Utility System
Revenue Bonds, Series 1981, dated August 15, 1981
(e) "Parity Bonds" shall mean collectively the Bonds and
the Outstanding Bonds.
(f) "Additional Bonds" shall mean the additional parity
revenue bonds permittee to be issued under the previsions of
the ordinance authorizing the Parity Bonds.
(g) "Utility System" shall mean the System created and
established for and on behalf of the Issuer under the
provisions of the ordinances authorizing the Outstanding Bonds.
(h) "Net Revenues" and "Pledged Revenues" shall mean the
revenues derived from the operation of the Utility System as
such revenues are defined and pledged in Section 15 of this
Ordinance
(i) "Utility System Revenue Fund", "Utility System
Revenue Bonds Interest and Sinking Fund", Utility System
Revenue Bonds Reserve Fund", and "Utility System Contingency
16
37
Fund" shall mean the special funds which the City Council has
heretofore created and ordered to be established and maintained
for the payment of the expenses of operating and maintaining
the Utility System and costs of certain repairs or replacements
to said System and for the payment of principal of and interest
on the bonds outstanding against the Utility System, as
hereinafter more specifically stated
Section 9. UTILITY SYSTEM That the Utility System
(hereinafter sometimes called the "System"), as created and
established by the City Council, is comprised of the entire
waterworks system, the entire sewer system, and the entire
electric light system now owned and operated by the City of
Georgetown, Texas, together with all improvements, extensions,
and additions thereto which may be made while any Parity Bonds
or Additional Bonds remain outstanding against the System
Such Utility System shall be operated on the basis of a fiscal
year commencing on September 1 of each year and ending on
August 31 of the following year.
Section 10 PLEDGE OF REVENUES (a) The Bonds herein
authorized and the Outstanding Revenue Bonds shall be equally
and ratably secured by and payable from an irrevocable first
lien on and pledge of the income and revenues derived and to be
derived from the operation of the System, after deduction
therefrom of the amount necessary to pay all operating,
maintenance, replacement and betterment charges of the System,
as is required by Article 1113, of the Revised Civil Statutes
of Texas, 1925, as amended, and by other applicable statutes of
the State of Texas, and the following sections of this
ordinance are cumulative of and supplemental to the pertinent
provision of the ordinances authorizing the Outstanding Revenue
Bonds.
(b) The Bonds are being issued as additional parity
revenue bonds defined as "Additional Bonds" in the ordinance
passed by the Issuer on March 9, 1964, authorizing the issu-
ance, sale and delivery of the Issuer's Utility System Revenue
Bonds, Series *1964, and defined as "Additional Bonds" in the
ordinance passed by the Issuer on October 31, 1974, authorizing
the issuance, sale and delivery of the Issuer's Utility System
Revenue Bonds, Series 1974
Section 11. MAINTENANCE OF RATES. The Issuer hereby
covenants and agrees that it will, at all times, while any of
the Parity Bonds or any Additional Bonds, or any interest
thereon, are outstanding and unpaid, charge and collect for
services rendered by said Utility System rates sufficient to
pay all maintenance, depreciation, replacement, betterment, and
interest charges and to provide an Interest and Sinking Fund
sufficient to pay the ,interest and principal of such bonds as
such interest and principal mature and any outstanding
indebtedness of said System, as is required by applicable
statutes of Texas For the benefit of the original purchasers
and for the benefit of any and all subsequent holders of the
Parity Bonds, Additional Bonds, coupons, or any part thereof,
and in addition to all other provisio,is and covenants in the
laws of the State of Texas, and in this Ordinance, it is
expressly covenanted that the Issuer shall fix and maintain
rates and collect charges for the facilities and services
afforded by the System to the Issuer and to all other customers
which will provide revenues sufficient at all times
(a) to pay all operating, maintenance and replacement
charges of the Utility System, as is required by Article 1113
of the Civil Statutes, as amended, and by other applicable
statutes of the State of Texas,
17
(b) to establish and maintain the Interest and Sinking
Fund and the Reserve Fund for the Parity Bonds and for any
Additional Bonds,
(c) to pay, in addition, all outstanding indebtedness
against the Utility System other than the Parity Bonds, or any
Additional Bonds, as and when the same becomes due, and
(d) to provide for the payments into the "Contingency
Fund" as required under the provisions of the ordinances
authorizing the issuance of the Parity Bonds
Section 12. UTILITY SYSTEM REVENUE FUND There shall be
deposited in the Utility System Revenue Fund (already esta-
blished) as collected all revenues derived from the operation
of the Utility System, which fund shall be maintained separate
and apart from all other funds of the Issuer Such Utility
System Revenue Fund shall be maintained so long as any Parity
Bonds, or any Additional Bonds, remain outstanding, in the
Issuer's official depository, and shall be administered as
follows
(a) Operation and Maintenance Expenses The money in the
Utility System Revenue Fund shall be used first for th payment
of the reasonable and proper expenses of operating and main-
taining the Utility System, including salaries, labor, ma-
terials, interest, repairs and extensions necessary to render
efficient service The words "repairs" and "extensions" as
used in this paragraph shall be construed to refer only to such
repairs and extensions, as in the judgment of the governing
body of the Issuer, are necessary to keep the System in opera-
tion and render adequate service to the Issuer and the inhabi-
tants thereof, or such as might be necessary to remedy some
physical accident or condition which would otherwise impair the
security of the Parity Bonds or any Additional Bonds
(b) Bond Fund The amounts to be paid into the Utility
System Revenue Bonds Interest and Sinking Fund (already esta-
blished and hereinafter called the "Bond Fund") during each
year in whish any of the Parity Bonds, or any Additional Bonds
are outstanding, shall be an amount equal to 100 per cent of
the amount required to meet the interest and principal payments
falling due on or before the next maturity date of the Parity
Bonds or any Additional Bonds then outstanding On or before
the 10th day of each month, after payments have been made as
required by subsection (a) of this Section 12, the Issuer shall
withdraw from the Utility System Revenue Fund and deposit in
the Bond Fund an amount not less than the total of 1/12th of
the next maturing installment of principal of the Parity Bonds
then outstanding, and of any Additional Bonds then outbtanding,
and 1/6th of the next semiannual installment of interest on the
Parity Bonds then outstanding and on any Additional Bonds then
outstanding. The monies in the Bond F>>nd shall be used solely
for the purpose of paying the interest on tbs principal of the
Parity r3onds, and an%,,, Additional Bands, until all such bonds
have been retired In the event the incomc and revenues of the
Utility System are insufficient in any month to permit the
required deposits into the Bond Fund in full accord with the
provisions hereof, then the amount of any deficiency shall be
added to the amount otherwise required to be deposited in said
Bond Fund in the next month, until all deficiencies are
rectified
That concurrently with the delivery of the Bonds to the
purchasers thereof, all sums of money received from the pur-
chasers as accrued interest paid on the Bonds shall be placed
in the Bond Fund
18
3f
(c) Reserve Fund The Issuer currently has on deposit in
the Reserve Fund $384,418, and has covenanted in the most re-
cently adopted bond ordinance authorizing the issuance of the
City of Georgetown, Texas Utility System Revenue Bonds, Series
1981, to maintain a required reserve of $212,895 The Issuer
does not need to deposit additional amounts in the Reserve Fund
since the average annual principal and interest requirements on
the outstanding bonds after the issuance of these bonds will be
$329,689, which is less than the amount on deposit in this
Fund, therefor, the Issuer hereby covenants to maintain the
required reserves of $329,689. The Issuer covenants and agrees
that in the event Additional Bonds are issued as hereinafter
provided, the ordinance authorizing such Additional Bonds shall
provide for the payment into the Reserve Fund of such addition-
al sums as shall be necessary to permit an accumulation in the
Reserve Fund within five years and one month from the date of
the Additional Bonds, as an additional reserve, of an amount of
money at least equal to one year's average annual principal and
interest requirements on the Additional Bonds then outstanding.
The Reserve Fund shall be used to pay principal of or interest
on the Parity Bonds and such Additional Bonds falling due at
any time for the payment of which there is not money available
in the Bond Fund No payments need be made into the Reserve
Fund after there shall have been accumulated and shall exist in
said Fund the amount of money herein stipulated as required
reserves, but if at any time it becomes necessary to use tem-
porarily any part of such Reserve Fund for the payment of prin-
cipal or interest of the Parity Bonds, or it is otherwise de-
pleted, payments into the Reserve Fund in the amount of $
monthly shall be initiated until such time as such Fund con-
tains the amount of money then required to be on deposit there-
in The Issuer's official depository is hereby authorized to
invest the money in the Reserve Fund in direct obligations of
or obligations unconditionally guaranteed by the United States
Government, having maturities not in excess of five (5) years
from the date of the making of such investments, as the City
Council may direct Said obligations shall be deposited in
escrow with said depository under an escrow agreement, and if
at any time uninvested funds shall be insufficient to permit
payment of principal and interest maturities of the Parity
Bonds or any Additional Bonds then outstanding as heretofore
directed, said depository shall sell on the open market such
amount of the securities as is required to pay said Parity
Bonds or Additional Bonds and the interest thereon when due,
and shall give due notice thereof to the Issuer All money
resulting from the maturity of the principal and interest of
the securities in which the Reserve Fund is invested may be
reinvested and accumulated in said Reserve Fund and considered
a part thereof and used for and only for the purposes herein-
above provided with respect to said Fund
When the Outstanding Bonds, Series 1966, Series 1970 and
Series 1971 have been paid off cancelled and retired, the Re-
serve Fund for the Series 1981 Bonder and Series 1984 Bonds may
be commingled with Reserve Fund established for series of bonds
hereafter issued which are similarly secured and payable from
the same source without impairment of the obligation of the
contract The Issuer further covenants that when Additional
Bonds are issued, the aggregate amount to be accumulated and
maintained in the Reserve Fund shall be not less than the aver-
age annual principal and interest requirements of all bonds
similarly secured, and any additional amount required to be
accumulated in the Reserve Fund shall be accumulated therein in
not less than five years and one month from the date of the
Additional Bonds Money in the Reserve Fund may be invested in
direct obligations of or obligations unconditionally guaranteed
by the United States Government having maturities not in excess
of five years from the date of the making of such investment
19
qb
(d) Contingency_ Fund Based on an annual review of the
experience as to the cost of repairs and replacements to the
Utility System necessitated by the occurring of emergencies and
the recommendation of the Issuer's consulting engineer, the
City Council has determined that the Utility System Contingency
Fund (hereinafter referred to as the "Contingency Fund"),
heretofore created and ordered to be established and maintained
in the amount of $15,000 is sufficient for the time being The
Contingency Fund shall be used to pay (1) the cost of any
repairs or replacements to the Utility System necessitated by
the occurring of an emergency and (2) interest on and/or
principal of the Parity Bonds or any Additional Bonds, when
other funds of the Issuer are insufficient for such purpose.
The Issuer covenants and agrees that in the event
Additional Bonds are issued, the ordinance authorizing such
Additional Bonds shall provide for such appropriate additional
or larger amounts to be accumulated in the Contingency Fund as
deemed advisable by the City Council, based on annual review of
the experience as to the cost of repairs and replacements to
the Utility System necessitated by the occurring of emergencies
and the recommendation of a consulting engineer.
No payments need be made into the Contingency Fund after
there shall have been accumulated in said Fund the amount of
money then required to be on deposit therein, except that
whenever any money is paid out of said Fund, payments into the
Fund shall be resumed and continued until such time as the Fund
has been restored to the required sum
The Issuer's official depository is hereby authorized to
invest the money in the Contingency Fund in direct obligations
of or obligations unconditionally guaranteed by the United
States Government, having maturities not in excess of five (5)
years from the date of the making of such investment, as the
City Council may direct. Any obligations in which money is so
invested shall be kept in escrow in said depository and shall
be promptly sold and the proceeds of the sale applied to the
making of payment required to be made from the Contingency
Fund, whenever such payments are required to be made under the
foregoing provisions of this Ordinance
(e) Surplus Funds. All monies remaining in the Utility
System REvenue Fund after the requirements of subsections (a),
(b), (c) and (d) of this Section 12 have been met (including
any increased payments into the aforesaid Bond Fund, Reserve
Fund and Contingency Fund as may be necessary by reason of the
issuance of Additional Bonds in the future under the provisions
of the ordinances authorizing the Parity Bonds), and after all
deficiencies shall have been made up and all replacements made,
shall be either used or accumulated for the making of improve-
ments, extensions and additions to the Utility System, or may,
in the discretion of the Issuer be used for any other city pur-
pose now or hereafter permitted by law, including the use
thereof in retiring in advance of maturity any Additional Bonds
then outstanding, in accordance with provisions made for their
prior redemption, or may be used to purchase the Parity Bonds
and Additional Bonds on the open market at not exceeding the
market value thereof. All bonds so paid, redeemed or purchased
shall be cancelled and shall not be reissued Nothing herein
shall be construed, however, as impairing the right of the
Issuer to pay in accordance with the provisions thereof any
junior lien bonds hereafter legally issued by it
Section 13. SECURITY FOR FUNDS All monies which are to
be paid into the depository under the provisions of the
ordinances authorizing the Parity Bonds shall be secured in
accordance with the laws of the State of Texas applicable
thereto, and the Issuer covenants especially that such money
W
qt
shall be continuously secured by a valid pledge of direct obli-
gations of or obligations unconditionally guaranteed by the
United States Government having a par value or market value
when less than par exclusive of accrued interest at all times
at least equal to the total amount of money on deposit in the
several funds in the depository
Section 14 ADDITIONAL BONDS In addition to the right
to issue bonds of inferior lien as authorized by the laws of
this State the Issuer reserves the right to issue further and
additional bonds from time to time payable from the net income
and revenues of the Utility System and when issued in
compliance with law and the terms and conditions hereinafter
appearing such Additional Bonds shall be equally secured by a
first lien on and pledge of the Pledged Revenues and the
Additional Bonds when issued shall be payable from the
Utility System Revenue bonds Interest and Sinking Fund and
shall be in all respects of equal dignity and on a parity with
the Parity Bonds PROVIDED that in each instance
(a) the Additional Bonds are authorized and issued in
conformity with the Constitution and applicable statutes of the
State of Texas
(b) the Bond Fund the Reserve Fund and the Contingency
Fund contain the amount of money then required to be on deposit
therein and the Issuer is in compliance with all other coven-
ants and undertakings in connection with all bonds then out-
standing and payable from the Net Revenues of the Utility
System
(c) the Net Revenues of the Utility System for either the
fiscal year or twelve month period next preceding the date of
the passage of an ordinance authorizing the issuance of the
Additional Bonds ar certified by a certified public accountant
to have been at least equal to one and one-half times the
average annual principal and interest requirements on all bonds
then outstanding against the Utility System and the bonds then
to be issued
(d) a competent independent engineer certifies in writing
that in his opinion the average annual net earnings throughout
the life of the bonds then outstanding against the Utility Sys-
tem and the bonds then to issued shall be at least equal to one
and one-half times the average annual principal and interest
requirements on all bonds then outstanding against the Utility
System and the bonds then to be issued
(e) the ordinance authorizing the issuance of the Addi-
tional Bonds shall provide (i) for an identical flow of funds
as prescribed by Section 11 of the ordinances authorizing the
Parity Bonds (ii) that all revenues deposited in the special
funds and accounts created and establisheu by such ordinances
shall be commingled and (3 -Li) for appropriate additional or
larger payments to be made into said special funds and accounts
and fox appropriate addit onal or larger amounts to be accumu-
lated in said special funds and accounts for all bonds then
outstanding against the Utility System and the proposed Addi-
tional Bonds in full accord with the provisions of this Ordin-
ance
(f) PROVIDED FURTHER that at any time after the City
of Georgetown Texas Utility System Revenue Bonds Series 1966
and Series 1971 have been refunded paid off cancelled and
retired the Issuer may issue additional bonds on a parity in
all respects with the Bonds (without impairing the obligation
of contract with the holder of the Bonds or obligations here-
after issued on a parity therewith) if the following terms and
conditions have been met (1) the applicable laws of the State
21
q2,
of Texas in force at such time provide permission for the
issuance of such bonds, (2) each of the above funds contains
the amount of money then required to be on deposit therein, (3)
the Net Revenues of the Utility System for either the fiscal
year or 12 -month period next preceding the date of the
ordinance authorizing the issuance of the Additional Bonds are
certified by a certified public accountant to have been at
least equal to one and one-half times the average annual prin-
cipal and interest requirements on all bonds to be outstanding
after the issuance of the Additional Bonds, (4) the aggregate
amount to be accumulated and maintained in the Reserve Fund
shall be not less than the average annual principal and inter-
est requirements of all bonds similarly secured, and any addi-
tional amount required to be accumulated in the Reserve Fund
shall be accumulated therein in not less than five years and
one month from the date of the Additional Bonds, (5) the ordin-
ance authorizing the issuance of the Additional Bonds shall
provide for an identical Flow of Funds as prescribed by pre-
vious ordinances.
Section 15 MAINTENANCE AND OPERATION The Issuer hereby
covenants and agrees to maintain the facilities of the Utility
System in good condition and operate the same in an efficient
manner and at a reasonable cost So long as any Parity Bonds
are outstanding the Issuer covenants and agrees to maintain
insurance for the benefit of the holder or holders of such
bonds of the kinds and in the amounts which usually are carried
by private companies operating similar properties, and that
during such time all policies of insurance shall be maintained
in force and kept current as to premium payments All monies
received from losses under such insurance policies other than
public liability policies, are hereby pledged as security for
such bonds until and unless the proceeds are paid out in making
good the loss or damage in respect of which such proceeds are
received, either by replacing the property destroyed or repair-
ing the property damaged, and adequate provision for making
good such loss or damage made within ninety (90) days after the
date of loss The payment of premiums for all insurance pol-
icies required under the provisions hereof shall be considered
as maintenance and operation expenses
Section 16. RECORDS AND ACCOUNTS The Issuer hereby
covenants and agrees that so long as any Parity Bonds, or any
interest thereon, remain outstanding and unpaid, it will keep
and maintain a proper and complete system of records and
accounts pertaining to the operation of the Utility System,
separate and apart from all other records and accounts, in
whish complete and correct entries shall be made of all
transactions relating to said System as provided in Article
1113, Revised Civil Statute of Texas, 1925, as amended, and
that the holder or holders of any of the Parity Bonds, or any
duly authorized agent or agents of such holders shall have the
right at all reasonable times to inspect the System and all
properties comprising same The Issuer further agrees that
within sixty (60) days following the close of each fiscal year,
it will cause an audit of such books and accounts to be made by
an independent firm of certified public accountants, showing
the receipts and disbursements for account of the Utility Sys-
tem for the fiscal year, and each such audit, in addition to
whatever other matters may be thought proper by the Accountant,
shall particularly include the following
(a) a detailed statement of the income and expenditures
for account of the Utility System for such fiscal year,
(b) a balance sheet as of the end of such fiscal year,
(c) the accountant's comments regarding the manner in
which the Issuer has carried out the requirements of this
22
q3
Ordinance and his recommendations for any changes or
improvements in the operation, records and accounts of the
Utility System,
(d) a last of the insurance policies in force at the end
of the fiscal year on the Utility System properties, setting
out as to each policy the amount thereof, the risk covered, the
name of the insurer, and the policy's expiration date,
(e) a list of the securities which have been on deposit
as security for the money in the Bond Fund, the Reserve Fund,
and the Contingency Fund throughout the fiscal year, a list of
the securities, if any, in which the Reserve Fund and the
Contingency Fund have been invested, and a statement of the
manner in which money in the Utility System Revenue Fund has
been secured in such fiscal year;
(f) the number of metered and unmetered customers
connected with the various departments of the Utility System,
showing totals as of the end of the year,
Expenses incurred in making the audits above required are
to be paid as maintenance and operation expenses
The Issuer further agrees to promptly furnish a copy of
each such audit to First Southwest Company, Dallas, Texas, and
to any holder of any of the Bonds who shall request same in
writing, and that the holder of any of the Bonds shall have the
right to discuss with the accountant making the audit the
contents of the audit and to ask for such additional
information as he may reasonably request.
Section 17 SALE, LEASE OR OTHER ENCUMBRANCE OF SYSTEM
The Issuer hereby covenants, binds and obligates itself not to
sell, lease or in any manner dispose of the Utility System, or
any part thereof, including any and all extensions and addi-
tions that may be made thereto, until all Bonds shall have been
paid in full as to both principal and interest (provided that
this covenant shall not be construed to prevent the disposal by
the Issuer of property which in its ,judgment has become inexpe-
dient to use in connection with the Utility System when other
property of equal value has been substituted therefor).
Section IS NO COMPETING SYSTEM That so far as it leg-
ally may, the Issuer covenants and agrees, for the protection
and security of the Bonds and the holders thereof, from time to
time, that it will not grant a franchise for the operation of
any competing waterworks, sewer and/or electric light system in
the Issuer, until all Bonds issued hereunder shall, have been
retired. -
Section 19 REMEDIES IN EVENT OF DEFAULT. In addition to
all the rights and remedies provided by the laws of the State
of Texas, the Iss>>er covenants and agrees particularly that in
the event the Issuer (a) defaults in the payment of the princi-
pal of or interest on any Bonds when due, (b) fails to make the
payments required by Section 11 of the ordinances authorizing
the Parity bonds to be made into the Bond Fund, Reserve Fund
and Contingency Fund, or (c) defaults in the observance or per-
formance of any other of the covenants, conditions or obliga-
tions set forth in this Ordinance, the following remedies shall
be available -
(i) the holder or holders of any of the Bonds issued
hereunder shall be entitled to a writ of mandamus issued by a
court of proper jurisdiction compelling and requiring the City
Council and other officers of the issuer to observe and perform
any covenant, obligation or condition prescribed in this Ordin-
ance;
23
qy
(ii) no delay or omission to exercise any right or power
occurring upon any default shall impair any such right or power
or shall be construed to be a waiver of any such default or
acquiescence therein, and every such right and power may be
exercised from time to time and as often as may be deemed
expedient.
The specific remedies herein provided shall be cumulative
of all other existing remedies and the specification of such
remedies shall not be deemed to be exclusive.
Section 20. SPECIAL COVENANTS AND CONDITIONS. (a) The
Issuer will duty and punctually keep, observe and perform each
and every term, covenant and condition on its part to be kept,
observed and performed, contained in this Ordinance, and will
punctually perform all duties with reference to the Utility
System required by the Constitution and laws of the State of
Texas, including particularly the making and collecting of such
reasonable and sufficient rates and charges for services
supplied by the Utility System to the Issuer and to all other
customers, adjusting such rates and charges from time to time
in such manner as will be fully sufficient to meet all the
requirements of the ordinances authorizing the Parity Bonds,
and the proper segregation and application of the revenues of
such System;
(b) the Issuer is duly authorized under the laws of the
State of Texas to issue the Bonds and to pledge the revenues
pledged hereunder, and all necessary action on the part of the
Issuer and its City Council for the issuance of the Bonds have
been duly and effectively taken, and that the Bonds in the
hands of the holders thereof are and will be valid and
enforceable obligations of the Issuer in accordance with their
terms;
-(c) that the Bonds authorized hereunder shall be special
obligations of the Issuer and the holder thereof shall never
have the right to demand payment out of funds raised or to be
raised by taxation;
(d) that other than for the payment of the Bonds and the
outstanding Series 1966 Bonds, Series 1971 Bonds, Series 1974'
Bonds and Series 1981 Bonds, the rents, revenues and income of
the Utility System have not been pledged in any manner to the
payment of any debts or obligations of the Issuer nor of said
System;
(e) that the Utility System of the Issuer is free and
clear of all encumbrances.
Section 21. ORDINANCE TO CONSTITUTE CONTRACT. That the
provisions of this Ordinance shall constitute a contract be-
tween the Issuer and the holder or holders from time to time of
the Bonds, and after the issuance of any said Bonds, no change,
variation or alteration of any kind of the provision of this
Ordinance may be made, unless as herein otherwise provided,
until all of the Bonds shall have Jeen paid as to both princi-
pal and interest.
Section 22. SPECIAL OBLIGATIONS. That the Bonds author-
ized by this Ordinance are and shall be special obligations of
the Issuer, and the holder or holders thereof shall never have
the right to demand payment of said obligations out of any
funds raised or to be raised by taxation.
Section 23. DEFEASANCE OF THE BONDS. (a) Any Bond and
the interest thereon shall be deemed to be paid, retired, and
no longer outstanding (a "Defeased Bond") within the meaning of
this Ordinance, except to the extent provided in subsection (d)
24
6.
of this Section 23, when payment of the principal of such Bond,
plus interest thereon to the due date (whether such due date be
by reason of maturity, upon redemption, or otherwise) either
(i) shall have been made or caused to be made in accordance
with the terms thereof (including the giving of any required
notice of redemption), or (ii) shall have been provided for on
or before such due date by irrevocably depositing with or mak-
ing available to the Paying Agent/Registrar for such payment
(1) lawful money of the United States of America sufficient to
make such payment or (2) Government Obligations which mature as
to principal and interest in such amounts and at such times as
will insure the availability, without reinvestment, of suffi-
cient money to provide for such payment, and when proper
arrangements have been made by the Issuer with the Paying
Agent/Registrar for the payment of its services until all De-
feased Bonds shall have become due and payable. At such time
as a Bond shall be deemed to be a Defeased Bond hereunder, as
aforesaid, such Bond and the interest thereon shall no longer
be secured by, payable from, or entitled to the benefits of,
the revenue herein levied and pledged as provided in this Ord-
inance, and such principal and interest shall be payable solely
from such money or Government Obligations.
(b) Any moneys so deposited with the Paying Agent/Regis-
trar may at the written direction of the Issuer also be in-
vested in Government Obligations, maturing in the amounts and
times as hereinbefore set forth, and all income from such
Government Obligations received by the Paying Agent/Registrar
which is not required for the payment of the Bonds and interest
thereon, with respect to which such money has been so depos-
ited, shall be turned over to the Issuer, or deposited as
directed in writing by the Issuer.
(c) The term "Government Obligations" as used in this
Section shall mean direct obligations of the United States of
America, including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of
America, which may be United States Treasury obligations such
as its State "and Local Government Series, which may be in
book -entry form.
(d) Until all Defeased Bonds shall have become due and
payable, the Paying Agent/Registrar shall perform the services
of Paying Agent/Registrar for such Defeased Bonds the same as
if they had not been defeased, and the Issuer shall make proper
arrangements to provide and pay for such services as required
by this Ordinance.-
Section 24. DAMAGED, MUTILATED, LOST, STOLEN, OR DES-
TROYED BONDS. (a) Replacement Bonds. In the event -any out-
standing Bond is damaged, mutilated, lost, stolen, or des-
troyed, the Paying Agent/Registrar shall cause to be printed,
executed, and delivered, a new bond of the same principal
amount, maturity, and interest rate, as the damaged, mutilated,
lo -,t, stolen, or destroyed Bond, in replacement for such Bond
in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for
replacement of damaged, mutilated, lost, stolen, or destroyed
Bonds shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft, or
destruction of a Bond, the registered owner applying for a
replacement bond shall furnish to the Issuer and to the Paying
Agent/Registrar such security or indemnity as may be required
by them to save each of them harmless from any loss or damage
with respect thereto. Also, in every case of loss, theft, or
destruction of a Bond, the registered owner shall furnish to
the Issuer and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft, or destruction of such Bond,
25
as the case may be In every case of damage or mutilation of a
Bond, the registered owner shall surrender to the Paying
Agent/Registrar for cancellation the Bond so damaged or muti-
lated
(c) No Default Occurred. Notwithstanding the foregoing
provisions of this Section, in the event any such Bond shall
have matured, and no default has occurred which is then con-
tinuing in the payment of the principal of, redemption premium,
if any, or interest on the Bond, the Issuer may authorize the
payment of the same (without surrender thereof except in the
case of a damaged or mutilated Bond) instead of issuing a
replacement Bond, provided security or indemnity is furnished
as above provided in this Section
(d) Charge for Issuing Replacement Bonds Prior to the
issuance of any replacement bond, the Paying Agent/Registrar
shall charge the registered owner of such Bond with all legal,
printing, and other expenses in connection therewith. Every
replacement bond issued pursuant to the provisions of this
Section by virtue of the fact that any Bond is lost, stolen, or
destroyed shall constitute a contractual obligation of the
Issuer whether or not the lost, stolen, or destroyed Bond shall
be found at any time, or be enforceable by anyone, and shall be
entitled to all the benefits of this Ordinance equally and
proportionately with any and all other Bonds duly issued under
this Ordinance
(e) Authority for Issuing Replacement Bonds. In accor-
dance with Section 6 of Vernon's Ann Tex Civ St. Art
717k-6, this Section 24 of this Ordinance shall constitute
authority for the issuance of any such replacement bond without
necessity of further action by the governing body of the Issuer
or any other body or person, and the duty of the replacement of
such bonds is hereby authorized and imposed upon the Paying
Agent/Registrar, and the Paying Agent/Registrar shall authen-
ticate and deliver such bonds in the form and manner and with
the effect, as provided in Section 6(d) of this Ordinance for
Bonds issued in conversion and exchange for other Bonds.
Section 25 CUSTODY, APPROVAL, AND REGISTRATION OF BONDS,
BOND COUNSEL'S OPINION, AND CUSIP NUMBERS The Mayor of the
Issuer is hereby authorized to have control of the Initial Bond
issued hereunder and all necessary records and proceedings
pertaining to the Initial Bond pending its delivery and its
investigation, examination, and approval by the Attorney
General of the State of Texas, and its registration by the
Comptroller of Public Accounts of the State of Texas. Upon
registration of the Initial Bond said Comptroller of Public
Accounts (or a deputy designated in writing to act -for said
Comptroller) shall manually sign the Comptroller's Registration
Certificate on the Initial Bond, and the seal of said Comp-
troller shall be ii,tpressed, or placed in facsimiles on the
InitiAl Bond The approving legal opinion of the Issuer's Bond
Counsel and the assigned CUSIP numbers may, at the option of
the Issuer, be printed on the Initial Bond or on any Bonds
issued and delivered in conversion of and exchange ur replace-
ment of any Bond, but neither shall have any legal effect, and
shall be solely for the convenience and information of the reg-
istered owners of the Bonds
Section 26. NO ARBITRAGE The Issuer covenants to and
with the registered owners of the Bonds that it will make no
use of the proceeds of the Bonds at any time throughout the
term of this issue of Bonds which, if such use had been reason-
ably expected on the date of delivery of the Bonds to and
payment for the Bonds by the purchasers, would have caused the
Bonds to be arbitrage bonds within the meaning of Section
103(c) of the Internal Revenue Code of 1954, as amended, or any
26
�l%
regulations or rulings pertaining thereto, and by this covenant
the Issuer is obligated to comply with the requirements of the
aforesaid Section 103(c) and all applicable and pertinent
Department of the Treasury regulations relating to arbitrage
bonds The Issuer further covenants that the proceeds of the
Bonds will not otherwise be used directly or indirectly so as
to cause all or any part of the Bonds to be or become arbitrage
bonds within the meaning of the aforesaid Section 103(c), or
any regulations or rulings pertaining thereto
Section 27 SALE OF INITIAL BOND The Initial Bond is
hereby sold and shall be delivered to Dean Witter Reynolds, Inca
for cash for the par value thereof and accrued interest thereon
to date of delivery, plus a premium of $ -0- It is hereby
officially found, determined, and declared that the Initial
Bond has been sold at public sale to the bidder offering the
lowest interest cost, after receiving sealed bids pursuant to
an Official Notice of Sale and Bidding Instructions and Offi-
cial Statement dated June 12, 1984, prepared and distributed in
connection with the sale of the Initial Bond. Said Official
Notice of Sale and Bidding Instructions and Official Statement,
and any addenda, supplement, or amendment thereto have been and
are hereby approved by the governing body of the Issuer, and
their use in the offer and sale of the Bonds is hereby ap-
proved It is further officially found, determined, and de-
clared that the statements and representations contained in
said Official Notice of Sale and Official Statement are true
and correct in all material respects, to the best knowledge and
belief of the governing body of the Issuer
Section 28 EMERGENCY. It is hereby officially found and
determined that a case of emergency or urgent public necessity
exists which requires the holding of the meeting at which this
Ordinance is passed, such emergency or urgent public necessity
being that the proceeds from the sale of the proposed bonds are
required as soon as possible and without delay for necessary
and urgently needed public improvements, and that said meeting
was open to the public, and public notice of the time, place
and purpose of said meeting was given, all as required by
Vernon's Ann Texas Civ St. Article 6252-17
Section 29 EMERGENCY That the fact that the City
Council considers the passage of this Ordinance and the
issuance of the Bonds necessary for the immediate preservation
of the public peace, health, safety and welfare, creates an
emergency and an imperative public necessity that the rule re-
quiring ordinances to be read at more than one meeting of the
City Council before final passage be suspended, and said rule
is hereby suspended, and that this Ordinance take effect and be
in force and effect immediately from and after its passage at
this meeting, and it is so ordained.
PASSED AND APPROVED this 17th day of July, 1984
Mayor
ATM&ST
ity Secretary
APPROVED
City Attorney
27