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OR 29 Authorizes operation & maintance of Dallas County-Coppell Fresh Water Supply District NO. 17 by Coppell (I/"t-}" OHDINANCE NO. __29 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ADOPTING THE PROVISIONS OF ARTICLE 1182C-l, VERNON'S REVISED CIVIL STATUTES OF TH~~ STATE 01" TEXAS, SO AS TO AUTHORIZE THE CITY TO TAKE OVlm THE DALLAS COUNTY-COPPELL FRESH WATER SUPPLY DISTRICT NO.17; PRO- VIDING r'OR THE PASSAGE OF THE ORDINANCE UPON VOTE OF AT Ll':AST TWO-THIRDS or THE ~~TIRE MEMBERSHIP OF THE CITY COUNCIL; FIXING 'fH1J: 30th. DAY OF March ,1 9 ~, AT . 2.....Ol 0' CLOCK A M. AS THE DATE UPON ."tCR THE CITY OY-COPPELL ~LI~ TAKE OVER 'I'HE OPERATION OF TIlE SAID WATEH DISTRICT AND UPON WHICH DATE SUCH WATER DISTRICT SHALL BE ABOLISHED; APPROVING AND RATIFYING ALL ACTS BY THE CITY IN REGARD TO THE OPERATION OF THE WATER DISTRICT FROM MAY 6, 1964; PROVIDING THAT THE CITY SHALL TAKE OVER ALL PROPERTIES AND A:3SETS AND SHALL ASSUl.U; ALL DEBTS, LIABILITIES AND OBLIGATIONS AND SHALL PERFORM ALL FUN(."TIONS AND SEHVICES Oi' SUCH DISTRICT; ANP DBCLARING AN EMERGENCY. WHEREAS. the CIty of Coppel!. Texas, has located witbin its boundaries tb~ entire area comprising the Dallas County- Cappell Fresh Water Supply District No. 17, which District was created prior to the ti.me the City of Coppell was incorporated, and WHEREAS, the Clty Council of tbe City of Coppell, did on April 24,1964, adopt Ordinance No. 11 which adopted Article 1182c-1, Vernon's Annotated Civi.l Statutes, so as to authorize the CIty to abolish and take over said Water District. and WHEREAS, the City Council of the City of Coppell, did on May 5, 1964, adopt Ordinance No. 12 setting May 6, 1964 as the date that said Water District would be a.bolished and the date that the City would take over its operation, and WHERE.<\S, on May 6, 1964, the City of Coppa II d l.d physically take over the operation of said Dlstrict, and WHEREAS, the City Counc 11 of the City of Coppell, did on March 1, 1965, adopt Ordinance No. 21 which adopted the pro- visions of Chapters J through 10 of Title 28, Vernon's A.nnotated Civil Statutes which are required to be adopted by Article 961, ~ernon's Annotated Civ11 statutes, and WHER~~S, there has been raised the question of whether or not the City of Coppe:l, while operating under the provisions of Chapter 11, \ternon's ,\nnotated Civil Statutes, and prior to the ~dopting of the provlsions required to be adopted by Article 961 of Vernon's Annotated Civil Statutes, had the authol'ity to a,dopt and use Article 1182c-1, Vernon's Annotated Civil Statutes for the Inrpose of taking over and operating said Water District, and ~(iHEllF~AS, (should 1 t be necessary to do so), the Ci ty Council of the City of Coppell wishes to readopt Article 11820-1, Vernon's }\nnotated Civil statutes, fix a new date on which said Wa.ter Distriet shall bE abolished and its operations taken over by the City, ind wishes to approve and ratify all acts of the C:tty in oonnection witb the operation of said Wat<ar District,NOW, TB:EREJ.t~ORE , BE n' ORDA I NE;) BY l'HE CITY COUNC 1 L OF THE C 1'r'l OF COPP1<;.LL. TEXA S : Section 1. 1ha t the Ci ty Coune i 1 of the Ci ty 01 Coppell does hereby adept the Fovisions of Article 1182c-1, Vernon's Annotated Civil ~.;tatuteB so as to make the provisions of such Article applicable to 1he Ci ty and to tbe Dallas County-Cappell Fresh Water Supply District No. 17. section 2. That the governing body of the City of Coppell hereby finds that all of the terrltory of the Dallas County-Coppell Fresh Water Supply District No. 17 is located within the corporate ~.it8 of the Clt7 of Coppell, Texas, and hereby fixes the ?-o '-..' day of ::/11.,<; yUI, , 1966, as the date upon which the City of Cappel) sha~take over ~he Dallas County-Coppell Fresh Water Supply District No. 17 and upon said date such District shall be abolished. Section 3. That upon the date above indicated, the City of Coppell shall take over all properties and assets, shall assume all debts, liabilities and obligations and shall perform all functions and services of such District. Section 4. That the elty of Coppell shall hereinafter levy and cause to be collected upon all taxable property within the Ci ty, taxes auff1clent to pay principal'af'and i. ntCX'f,:st on, all bonds of the Dallas County-Coppe11 F'resh Wa.ter Supply District No. 17, whioh aTe payable tn whole or in part from ad valorem taxes. Section 5. That the City of Coppell does hereby accept and assume all the rights, duties and obligations imposed upon it under the provisions of Article 11820-1 of Vernon's Annotated Civil Statutes, and from the date of the taking over of the Dallas County-Coppell Fresh Water Supply District No. 17 as pro.. vided for herein, said District shall be and the same is hereby declared abolished. Section 6. That all acts done by the City through its officers, agents or employees in regard to the operati.on of said Water District since Ma.y 6, 1964, are hereby ratified and in all things approved. Section 7, That this ordinance shall oecome effectIve by a vote of not less than two-thirds of the entire membership of the CIty Council of the City of Cappell, Texas. Section 8. The fact that a question has arisen as to whether or not the City of Coppell had authority to ma.ke use of Article 1182c-l, Vernon's Annotated Civil Statutes, prior to the adoption of the provisions required to be adopted under Article 961, Vernon's Annotated Civil statutes, creates some doubt as to the validity of City Ordinance No. 11 and City Ordinance No. 12 and the fact that there 1s an urgent necessity for the City to operate the Fresh Water Supply utility within its corporate limits creates an urgency and an emergency which requires that this ordinance shall take effect from and im- mediately after its passage, as tbe la.w in such. eases provides. DULY PASSED by the governing body of the City of Cappell, Texas, on the 29t!1.t day of , ~1arch , 1966. Tbat the follOWing Councilmen, to-wit: _ W.H, Wilson '2. J. .Harwell Thomas Sisk C.J. no~ecka __~__ , and - votea in favo.roIsucn-'ordinancet and and none voted against s,:,cb ordinann~~ ... . .l '7/ -;...-'" ,/;;1. ,/ /" " t ,I;, ".I . l, L ,/ I ~':::~/ ,fl _ i, ' _J.:< Mayor (>r"/?~ ATTEST: APPROVED AS ~ ~~ ~ "J orne, "I 7 ,,;.. ."""-- ~ i;-se';r~ta~y'4 )> /1;" @ ~~/:?~:z~~ @eJ eJ COUNTY ClERI{'S MEMO PORTIONS OF THIS DOCUMENT NOT RErRO[;llC~8LE WHEN RECORDED The City With A Beautiful Future P.O. Box 478 Cappell, Texas 75019 CERTIFICATE OF CITY SECRETARY STATE OF TEXAS 09/12/96 Deed COUNTY OF DALLAS CITY OF COPPELL P.O. Box 478 Cappell, Texas 75019 214-462-0022 17'90'922 198777 $21.00 I, Linda Grau, the undersigned, City Secretary of the City of Coppell, Texas, a municipal corporation, in the performance of the function of my office, h~y certify that the attached , - document . s a true and correct copy of I am the lawful possessor and have legal custody of the City records. t and that Witness ~d ? of office at my office i~ Coppell, Texas, this the (5.l..l , 19 91:, . ~o/'~ "'~. '-. ~ inda Grau City Secretary 96179 03387 .0 or -"-r- I 3 .!t day of '. "I " ,.f c:~ t:: ' .\.,'.: :'j.. ,-."",,- ." . , . . l . ~ , . _, .' \ (~, It ,-' fl J~'r ORDI.ARCE NO. 29 All ORDUfAMCI or TRi CITY or COPPELL, TEXAS, ADOPTING .,.. PROYISIOn OJ' ARTICLE 1182C-l, ~'S aDIaD CIYIL STATUTES or THE STATE or TEXAS, so AS TO AUTHORIZE THB CITY TO TAD OVER THE DALLAS COtnn'Y-COPPILL rRESH WATER SUPPLY DISTRICT NO.1 T; PRO- VIDING FOR THE PASSAGE OF THB ORDINANCE UPOIf VOTE or AT LEAST TWO-THIRDS or THE BNTIRE MBMBBRSBIP OF THE CITY COUNCIL; FIXI.a TBB~J9t.b. DAY 01' March , 19 ~ ,A T -1.2.....OL.. 0' CLOCK A. -.r:-xs Tn DAT:4 tJPOl( utea TO eITY OJ' COPPBLL~ TAU OVBB TIlE OPERATION or THE SAID WATER DISTRICT AND UPOIf WRICS DATI: SUCB WATD DISTRICT SMLL 8B ABOLI8B&D; APPROYllfO AD IlATlnlllG ALL ACTS JJf ft. CITY IIf IlIGARD TO TBI OP:&RATIOlf or THI WATER DlftIllCT PR<* MAY 8, 198". PROVIDING THAT THB CITY SHALL TAU OVER ALL PROPERTIIS AND ASSBTS AND SHALL ASSUME ALL DEBTS, LIABILITIES AKD OBLIGATIONS AD SBALL PIUORII ALL I'UlfCTIOMS AIfD SBRVICB8 or SUCR DISTRICT; AJfD DECLARI KG AN DDGIlfCY. "JaBAS, the City of Coppell, Texa., ~. located witbin it. bou.darte. the e.tire area coapri.iDC the Dalla. CouDty- Coppell Fre.b Water Supply Di.triot .0. 11, wbiob Di.triot wa. created prior to tbe tl.. the City of Coppell wa. iDoorporated, and nailS, the Clt, CouIlO11 of the Cit, of Coppell, did Oil April 14, 1"4, adopt Orcl1u.... .0. 11 wbiola adopted Artiole 1112e-l, VerDOD'. ADDotated C1vil Statute., .0 aa to autbori.e the City to abo1i.b aDd take over ..141 Water Diatriot, aDd WBlRIAS, tbe City CouDoil of tbe Clt, of Coppell, did OD May 5, 1984, adopt OrdiDaDce Ko. 12 .ettinc Ma, I, 1914 aa tbe date tbat ..141 Water Diatriot would be aboliabed and tbe date that the Cit, would take over ita operatioD, and WBUIAS, on Ma, 8, 1984, tbe C I. ty of Coppe 11 did ph,.icall, take over the operatioD of .a1d Di.triqt. and WBKaIAS, the Cit, CouDeil of the Clt, of Coppe1l, did OR March 1, 1965, adopt OrdiDaDce Mo. 21 wbich adopted tbe pro- visiona of Cbapter. 1 throuCb 10 of T1tle 28, Vernon'. ADnotated Civil Statute. wbioh are required to be adopted by Article 981, VerDon'. ADnotated Civil statute., and IBIREAS, there ba. bee. rai.ed the que.tioD of whether or Dot the Cit, of CoppeLl, wbile operatin, under tbe provi.ioD. of Chapter 11, VerDoD's lnnotated Civ11 Statutes, and prior to tile adoptinr of tbe provl.ioDS required to be adopted b, Art101e tel of VerDon'. Annotate. Civil statute., had tbe autborit, to adopt and u.e Article 11820-1, Yernon's Annotated Ctvil Statute. for tbe p.lrpo.. of takin, over aDd operatiD, .ald Water District, aDd WBIaIAS, (sbould it be nece.aary to do .0), tbe City CouDol1 of tba Clt, of Coppell wi.bes to readopt Article IlS2e-l, VerDoD'. ARnotated Civil Statutes, fix a Dew date on wbicb aald Water Di.triot .hall bI aboli.hed aDd 1ta operatioD. takeD over by tbe Cit" aDd wl.h.. to approve and ratif, all acta of tbe Cit, in oonnection witb tbe operation ot 8aid Water Di.trict,MOW, TIlER.fORI, . BE IT ORDAINE!) BY TBB CITY COUNCIL OJ' THE CITY 01' COPPELL, TDAS: SectioD 1. 1bat the City Council ot the Cit, of Coppell doe. bere~, adGpt tbe pro.i.1o.. of Article 11120-1, VernoD'. Anaotated C1.il statut.. .0 a. to aake the proyi.ioa. of .uch Article appllC&ble to ihe City and to the Dalla. CouDty-Coppell 96179 03388 1 rre.h Water Suppl, District Ro. 11. SectiOD 3. That tbe loveraine bod, of the City of Coppe11 bereby find. that all of tbe territory of the Dallas Count,-Coppe11 rre.h Water Suppl, Di.trict Ko. 11 i. looated within tbe corporate li.it. of tbe ~it of Coppe11, Texa.. aDd hereb, fixe. tbe ~ ~ day of -?%..if:. , 1988, a. tll. date upon whlch tbe1:{ty of Coppel1. 11 take over ~b.e Dalla. Couat,-Coppell Fre.h Water Suppl, Distriot No. 11 aad upoa .ald date .ucb Di.triot .ball be aboli.bed. seetiG. 3. Tlaat upon tbe date above indicated, tb. Cit, ot Coppell .ball take over all properties and a..et., .ball a.._e all debt., liabilitie. aDd obliptio.. and .bal1 pertor. all fuaction. aad .ervice. of .ucb Di.trict. Section 4. That the Cit, of Coppe11 sball bereinafter l.v, aDd oaua. to be collected upon all taxable propert, witbl. tbe C1t" tax.. .uffioient to pay principa"'~_ intere.t OR, all bond. of tb. Dall.. Couaty-Coppe11 Fre.h watlr Suppl, Distriot Ro. 17, wbioh are payable 1n wbole or 1n part froa ad valor.. taxe.. Seetio. I. ftat tb. Clt, of Coppell doea ......., &CIa.pt aDd ..sua. all tb. riebts, duti.s aDd obllcatlo.. 1...... upoe It uader tb. provi.lo.. of Article 11110-1 of VerDo.'. ADDotat.d Civil Statute., aDd froa the date of tbe taki.1 over ot tbe Dalla. Count,-Coppell Pre.h Water Supply Di.trict Ro. 17 a. pro- vided for hereiD, .ald District .ball be and tbe saae i8 hereby declared aboli.bed. Section 8. That all act. done by tbe City tbrou,b its otticer., acent. or ..,lo,ee. in re,ard to tbe operation ot .ald Water Di.trlct siDoe ..., 8, 1984, are herebJ ratified and ill all tbin.. approved. Seotion 1. That tbi. ordiDan~e ahaII beco.e eftective b, a vote of not Ie.. than two-thirds ot the entire ...bersbip of tbe City CouDcil ot the City of Coppe11, Texas. 58Ot10a I. Tbe fact tbat a .ue.tioD has arisen a. to wbetber or Dot the C1t, of Coppell bad autborlty to aake use of Article lIllo-I, VerDon'. Annotated Civil Statute.. prior to the adoption of the prOYialons required to be adopted UDder Article 981, VerDon'. ADnotated Civil statutes, create. .oae -4108_' .a to tbe va1idlt7 ot Cit, Ordinance Ro. 11 and City Ordinance Ko. 12 aDd tbe fact tbat tbere 1. an ureeDt D.....lty tor the Cit, to operate the Ire.h Water Supply utilit, witbin It. corporate li.it. create. an urlency and aD e.erlenoy whicb require. that thi. ordinance aball take ettect troa and ia- ..dlately atter ita pas.ace, ae the law in .uoh oa.e. provide.. DOLY PASSED by the ,overniD, bOd, ot the City ot Coppell, Texa., Oil the 29th. da, of March , 1"'. That tbe tollow1DI Council.en, to-wit: W.H, WUson B.J. Harwell TholllBs Sisk CAlla IrihAr.n aDd voted in favor of .uCh ordinaDce, and and none voted aeainat npn~ .uch ordinance. ";;. 2Z}T1g~/ .a,or .. ATTEST: ~~'l~ - y..freyary f 96179 03389 APPIIonD AS ~ ~~..y -",!~j../-- T T ORD INANCE NO. J ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, FIXING THE':' DAY OF b'l'~ I 2- f;"/~ 1964, AS THE DATE WBEN THE CITY OF COPPELL WILL TA OVER THE DALLAS COUNTY-COPPELL FRESH WATER SUPPLY DISTRICT NO. 17 AND SAID DISTRICT SHALL BE ,....~ ABOLISHED; PROVIDING THAT THE CITY SHALL TAD OVER ALL PROPERTIES AND ASSETS AND SHALL ASSUIIE ALL DEBTS, LIABILITIES AND OBLIGA- TIONS AND SHALL PERFORM ALL FUNCTIONS AND SERVICES OF SUCH DISTRICT; AND DBCLARING AN EIIBRGENCY. WHEREAS, the City of Coppell has heretofore adopted an ordinance adoptinc the provisions of Article l182C-l, Vernon's Revised Civil statutes, which autborizes the City to take over tbe Dalla. County-Coppell Fresh Water Supply District No. 17 and such district to be abolisbed, and WHlREAS, under tbe provisions of said Article l182C-l, it is necessary for the City to fix a date for the taking over of said district within ninety (90) days from the passace of said ordinance; NOW, THEREFORE, ~;...~ ;f..'1( BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the governing body of the City of Coppell finds that all of the't~rritory of the Dallas County- Coppell Fresh Water Supply District No. 17 is located within the limits of the City of Ooppell, and that having accepted the provisions of Article l182C-l, it is necessary that the date be fixed for the taking over of said district and for such district to be abolished. Section 2. That the Ms day of hUt-- ' 1964, is .ereby fixed as the date upon which the City of Coppell shall take over the Dallas County-Coppell Fresh Water supply District No. 17, and upon said date such district shall be abolished. ...,.~ 96179 03390 T 1 Section 3. That upon the date above indicated, the City of Coppell shall take over all,properties and ass.ts, shall assu.e all debts, liabilities and oblic.tions and shall perfor. all functions and services of such district. ~.. Section 4. That the City of Coppell shall hereafter levy and cause to be collected upon all taxable property within the City, taxes suffici.nt to pay principal of and interest on, all bonds of the Dallas County-Coppell Fr.sh Water Supply District Mo. 17, which are payable in whole or in part fro. ad valore. taxe.. Section 5. That the City of Coppell does hereby accept and a..... all the richts, duti.s and oblication8 ~po..d upon it under the proyisions of Article l182C-l of Vernon's aeyised Civil Statut.., and fro. the date of the takinc oyer of the Dallas County-Copp.ll Fresh Water Supply District No. 17 as provid.d for herein, said District shall be and the saae is r..::.).; hereby declar.d abolished. S.ction 6. The fact that the City of Coppell has adopted the provisions of Article l182C-l of V.mon's aeYis.d Civil statut.s oblicates the City to take over the op.ration of Dallas County-Coppell Fresh Water Supply District Mo. 17 and creates an urcency and an e.ergency and requires that this ordinance shall take effect fro. and ~.ediately after its ... r passage, as the law in such cases provides. PASSED by the loveming body of the City of Coppell on the -5:.- day of &ka 1 , 1964. APPROVED: ~J l fA 'h~or /' / (:g/uL t7 ~,.,. ATrBST: d7.~(~~ 1;y C aJ:y ~ASi.~: , ,'~o~ 96179 03391 -2- T T /)./ .i ,r'I'W: .i" " ORDINANCE NO. /1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,ADOPTING THE PROVISIONS OF ARTICLE l182C-l, VERNON'S REVISED CIVIL STATUTES OF THE STATE OF TEXAS, SO AS TO AUTHORIZE THE CITY TO TAKE OVER THE DALLAS COUNTY-COPPELL FRESH WATER SUPPLY DISTRICT NO. 17; PROVIDING FOR THE PASSAGE OF THE ORDINANCE UPON A VOTE OF AT LEAST TWO-THIRDS OF THE ENTIRE MEMBERSHIP OF THE CITY COUNC IL. - ~.;::'~~ WHEREAS, the City of Coppell has located within its boundaries the entire area caaprising the Dallas County-Coppell Fresh water Supply District No. 17, which District was created prior to the time the City of Coppell was incorporated, and, :-:,. WHEREAS, the City of Coppell desires to avail itself of the rights provided for in Article ll82C-l of Vernon's Revised Civil Statutes, which authorizes the City to take over the Fresh Water Supply District and for such District to be ~.... abolished; NOW, THEREFORE, BE IT ORDAINED BY TBE CITY COUNCIL OF THE CITY OF ~. .~ COPPELL, TEXAS: Section 1. That the City of Coppell does hereby adopt the provisions of Article 1182C-l of Vernon's Revised Civil Statute. '0 as to .ake the provisions of such article applicable to the City and to the Dallas COunty-Coppell Fresh Water Supply District No. 17. , Section 2. That within ninety (90) days after the passage of this ordinance, the governing body shall, by ordinance, designate the date upon which the City shall take over the Dallas County-Coppell Fresh Water Supply District No. 17 and such district shall be abolished. Section 3. That this ordinance shall become effective 'Jl\~-': by a vote of not less than two-thirds of the entire membership of the City Council. 96 ,17 9 03 3 9 2 r T DULY PASSED by the governing body of the City of Coppell t Texas, on the .;;...'/ day of ~/l..L~/1 , 1964. " That the following Council.en, to-wit: t 1,'7. ~).AJ.e! t-1.--G 1 .' I~ .. p_ ,tJ . (L.('.1J! ~~_ y./?, 1t1 f- j) (lL'~ 7 7JJ. l:t UJ Ita ~.' \ I ~ -<--,' ':1'-~~ ".~"" and , voted in favor of such and ordinance, and 1'k:J)>--1 ...< voted against such ordinaDce. APP~VED: _-;- /t/) ;;7 1/l. k (4!fY df lIayor " ATrBM: ~.~~ J::-ty ec e a1': ;:.-t.-;~ 0..>'4 ::' .'" l - -2- 96 il7 9 0 3 3 9 3 T T N -- >-- lJ? 0",-;: ~ l- e> .,J e::: .,.. L.J5 CJ ::c _-----1 ~.-~-j r0- W -:x: .,. C)~.::) ! -.:'>-,....... N .:__"' VJ L:_ 1-<( _1Z -- ..::-:S-l 1..l..J <:' -l C/) !~8<( 1.,.D ~ 0 ,~n ~6880 grUA'-;<J 6LI96 /t> " ?7j aC &tU- /fn7/: J ~ ~L-I/ /~ ~^ f/7tf ~/~ 7jt -;/50 /~ :l-g (I) Q)~" :: (TJ c:r.~ ~ ~ 0-0 -1__ E ~~ ;:t-gE2 ::J:> 0 t":l2VJ ~.; LL.~~~ - O.gJl~ ~.~ c.>""'x E ~ ~;: .:= ~ ~-a 5 5~~ ~a O]JS5 ;4s <->;;=2U -to. t3f5fl :s~~ ~~d CI):::I_ c: rtl_ ~ ~~ E ~ 0 ~J1~ ~~E ~t'~CI)~()8 .S 8. ~ c:r: '; E e E 0 'l:J X '- >.."C lUQ.gl..W:E.Qe .c-tU)-~5l'a . ~E:CL.&...t2:CQJ '(;)u~O~~~~ "E~ ~LtJ.s--g:.o Q.~.....,....cvQ.Oc: ~~~~tEC)g c-t 5 cn=~ ~j . 0 T <It ~ b c: :::J o U -.0 0.. ~ ~ >-I a. Lu CI) T