ORDER NO. cE~59
DECLARRTION OF RBOLITION
OF CITY OF CENTER F'OINT
On this the lath day of October
Commissioner Williams, seconded
Court unanimously approved by a
certification of the abolition
enter^ed into the minutes of the
Cour^t at this place.
1'3'39, ~_ipon motion made by
by Commissioner' Baldwin, the
vote of 4-0-0, that the
^f the City of Center point be
Kerr County Commissioner^s'
DECLARATION OF ABOLITION TO KERB COUNTY COMMISSIONER'S COURT
WHEREAS, I MARY SHULTS, being the duly elected Mayor of
the City of Center Point, Texas was presented with a
Petition pursuant to §62.002 of the Texas Local Government
Code calling for an election to abolish the City of Center
Point, Texas.
WHEREAS, such election calling for the abolition of the
City of Center Point, Texas was called and held on May 1,
1999. Some controversy arose over the Petition calling for
the election and an election contest was filed. Said legal
suit was heard by the Honorable Murray Jordan of the 198`x'
District Court of Kerr County, Texas and judgment was
rendered the Petition was legal and the results of the
election were upheld.
WHEREAS, I as Mayor of the City of Center Point,
canvassed the votes of the election and a majority of said
votes were in favor of abolishing the City of Center Point,
Texas. Therefore, as Mayor, pursuant to §62.004 of the
Texas Local Government Code. I declare and certify to the
Kerr County Commissioner's Court the City of Center Point,
Texas shall he abolished. I further request as Mayor, the
Kerr County Commissioner's Court enter the abolition order
abolishing the City of Center Point, Texas in its Minutes,
at which time the City will cease to exist.
WHEREAS, as Mayor of Center Point, Texas, I further
certify and declare the City of Center Yoint, Texas has no
outstanding debts, liabilities or legal claims outstanding
as of this date.
Signed on this the 12"' day of October, 1999.
~ ~~'
/ /L ~-GC~' '~Ci, 2/
Honorab MARY SHULTS
Mayor of Center Point, Texas
Sworn to and subscribed before me by MARY SHULTS on
this the 12"' day of October, 1999.
ELI ETH CLOSSON
$4rnrv ~~®E'ff1a0~N My Commission Expires: 9-18-02
NOTARY PUBLIC
Stets Of Tsxes
a~ Canm. Exp.OB~t&2002
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Harold Danford OFFICE: Attorne}~--City of Center Point
MEETING DATE: October 12 , 1999 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss entry of certified copy of abolition of City of Center Point in minutes of
Commissioners' Court.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING TIIE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
Harold Danford/Clay Steadman/Mayor Marv Schult
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the eazGest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
which the bonds were voted. The funds may not be
diverted to any other purpose.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 61.010. Interval Between Elections
If a majority of the votes in a consolidation election
«- "_ in any municipality do not favor consolidation, another
•" consolidation election involving the same municipali-
,;2~ ,`~, * ~ ties may not be held within two years after the date
;~ ~ the consolidation proposition was defeated.
{ "~~i4"~+... Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
CHAPTER 62. ABOLITION
OF MUNICIPALITIES
SUBCHAPTER A. AUTHORITY AND PROCEDURE
Section
62.001. Abolition of Corporate Existence.
62.002. Petition and Election.
62.003. Election Order; Conduct of Election.
62.004. Declaration of Abolition; Certification.
[Sections 62.005 to$2.040 reserved for expansion]
SUBCHAPTER B. RECENERSHIPS
62.041. Application for and Appointment of Receiver.
62.042. Notice of Application.
62.043. Bond.
62.044. Filing and Recording Order and Bond.
62.045. Duties and Authority.
62.046. Compensation.
[Sections 62.047 to 62.080 reserved for expansion]
SUBCHAPTER C. PAYMENT OF INDEBTEDNESS
AND DISPOSITION OF ASSETS UNDER
RECENERSHIP
62.081. Presentation of Claims.
62.082. Notice of Claims.
62.083. Approval of Claims.
62.084. Complete nr Partial Disallowance of Claim.
62.085. Taxpayer Protest.
62.086. Suits to Establish Claims.
62.087. Allowance and Approval of Established Claims.
62.OBS. Liability far Costs.
62.089. Limitations.
62.090. Payment of Claims.
62.091. Additional Taa.
62.092. Assessment and Collection of Taz.
62.093. Delinquent Taxes.
62.094. Distribution of Assets.
[Sections 62.095 to 62.120 reserved for expansion]
SUBCHAPTER D. SCHOOLS AND
PUBLIC PROPERTY
62.121. Administration of Public Schools.
62.122. Taxes.
62.123. Public Property.
[Sections 62.124 m 62.160 reserved for expansion)
SeMion
SUBCHAPTER E. PAYMENT OF INDEBTEDNESS
AND DISPOSITION OF ASSETS BY CORPORATE
OFFICERS OR TRUSTEES
62.161. Settlement by Corporate Officers.
62.162. Settlement by Trustees.
62.163. Action for Debt.
SUBCHAPTER F. ABOLITION OF MUNICIPALPl'Y
CEASING TO HAVE RESIDENTS
62201.	Petition for Abolition.
62.202.	Hearing.
62.203.	Abolition Order.
62204.	Notice to Commissioners Court.
SUBCHAPTER A. AUTHORITY
AND PROCEDURE
§ 62.001. Abolition of Corporate Existence
A special-law municipality with 10,000 or fewer in-
habitants or a general-law municipality may abolish its
corporate existence as provided by this subchapter.
Acts 1987, 70th Leg., ch. 199, § 1, eff. Sept. 1, 1987.
§ 62.002. Petition and Election
(a) The mayor of the municipality shall order an
election on the question of abolishing the municipali-
ty's corporate existence if a petition requesting that
the election be held is subndtted to the mayor and is
signed by at least 900 qualified voters of the munici-
pality. However, if a majority of the qualified voters
of the municipality is less than 400, the petition must
be signed by at least two-thirds of the qualified voters
of the municipality.
(b) The mayor shall order the election to be held on
the same date as the next general election at which
the office of mayor is to be filled.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 62.003. Election Order, Conduct of Election
The election shall be ordered, conducted, and can-
vassed in the same manner as is required for an
election to incorporate the municipality, except that
the mayor of the municipality shall perform all acts
that would be performed by the county judge. '
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 62.004. Declaration of Abolition; Certification
If a majority of the votes received in an abolition
election are for abolition, the mayor of the municipali-
ty shall declare the municipality abolished and certify
the abolition to the commissioners court of the county
in which the municipality is located. The eommisaion-
80
§ 61.009 ORGANIZATION OF MUNICIPAL GOVERNMENT
ORGANIZATION OF MUNICIPAL GOVERNMENT § 62.082
ers court shall enter the abolition order in its minutes,
at which time the municipality ceases to exist.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
[Sections 62.005 to 62.040 reserved for expansion]
SUBCHAPTER B. RECEIVERSHIPS
§ 62.041. Application for and Appointment of Re-
ceiver
(a) Any creditor of a validly incorporated municipal-
ity that abolishes its corporate existence may apply to
a district judge in the district in which the municipali-
ty is located to appoint a receiver for the municipality.
(b) After an application is filed and proper notice of
the application is posted, the judge hearing the appli-
cation in term time or vacation may appoint a suitable
person as receiver.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 62.045. Duties and Authority
(a) After the receiver gives the required bond, and
after the bond is filed and recorded, the receiver shall:
(1) take control of all real and personal property
of the abolished municipality, including money, min-
ute books, ordinances, and similar property, but not
including property that pertains to the public
schools or that is devoted exclusively to public use;
and
(2) in the next term of the court in which the
receivership is pending, return to the court an
inventory of tho property taken by the receiver.
(b) Under a court order, or an order of the judge if
the court is in vacation, the receiver may bring suit
against any person in possession of the property of an
abolished municipality or who is indebted to it in the
same manner as the municipality could if it were still
incorporated.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 62.042. Notice of Application
Before a judge may appoint a receiver, written
notice stating the substance of the application for the
appointment of the receiver and when and before
whom the application will be heard must be posted at
three or more public places in the county in which the
municipality is located, one of which must be in the
municipality itself.
Acts 1987, 70th Leg., ch. 199, § 1, eff. Sept. 1, 1987.
§ 62.043. Bond
(a) A judge appointing a receiver shall set the
receiver's bond at an amount that is at least twice the
probable amount of the indebtedness or the value of
the property of the municipality.
(b) The bond must be conditioned that the receiver
will faithfully perform the duties of receiver and that
the receiver will pay and deliver all money and prop-
erty acquired as receiver to the parties entitled to the
money or property.
(c) The bond must be approved by the judge who
appoints the receiver.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 62.044. Filing and Recording Order and Bond
The district clerk of the county in which the abol-
ished municipality is located shall file the receiver's
bond and the order appointing the receiver with the
minutes of the court, and the clerk shall record the
order and the bond in the minutes.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 62.046. Compensation
A court appointing a receiver under this subchapter
may authorize compensation for the receiver.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
[Sections 62.047 to 62.080 reserved for expansion]
SUBCHAPTER C. PAYMENT OF INDEBT-
EDNESS AND DISPOSITION OF AS-
SETS UNDER RECEIVERSHIP
§ 62.081. Presentation of Claims
A person who has a claim against an abolished
municipality must present a verified statement of the
amount of the claim to the receiver within six months
after the date the receiver is appointed.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 62.082. Notice of Claims
(a) A receiver may not allow or approve a claim or
account against an abolished municipality until notice
of presentment of the claim or account is given by
publication in a newspaper in the municipality m
which the claim is filed or presented for four consecu-
tive weeks or, if a newspaper is not published in the
municipality, by posting the notice for four consecutive
weeks at the door of the courthouse of the county in
which the municipality is located.
(b) The published or posted notice must state:
(1) the name and residence address of the credi-
tor;
Sl
RESOLUTION
COMMISSIONERS' COURT
KERR COUNTY, TEXAS
WHEREAS; the Community of Center Point, Texas, located in Kerr
County, existed before October 1, 1989; and
WHEREAS; the Community of Center Point lacks an adequate potable
water supply system and an adequate sewage system; and
WHEREAS; the Community of Center Point in many areas has sub-
standard housing, roads, and drainage;
NOW THEREFORE BE IT RESOLVED BY THE
COMMISSIONERS' COURT OF KERR COUNTY:
That according to the official definition of a colonia, as
given by the USDA Rural Utility Services, the City of
Center Point within its' incorporated city limits and Extra
Territorial Jurisdiction is hereby officially declared to be a
"colotva" community
Signed the 22a` day of February, 1999.
;~ /..rD~~''~
FRED HENNEKE
KERB COUNTY JUDGE
sled by:
J ett Pieper, County Cler c
Kerr County, Texas