77A17-Annexation of 144.0, 31.34 and 73.09 acres ORDINANCE N0 . ~f ~ ~ ~ '".'~rI
AN ORDINANCE
PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES
OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF
THREE CERTZIN TRACTS OR PARCELS OF LAND CONTAINIPdG
144.0 ACRES, 31.34 ACRES AND 73.09 ACRES RESPECTIVELY
OUT OF COMAL AND GUADALUPE COUNTIES.
WHEREAS, the hereinafter described tracts of land adjoins the
corporate limits of the City of Schertz, Texas and does not exceed one
(1)i mile in width; and
WHEREAS, a public hearing on the question of whether said land
should be annexed to and become a part of the City of Schertz, Texas was
duly called and notice thereof given and said public hearing has been had,
all in accordance with law; and
WHEREAS, by the passage of this ordinance annexation of said
territory will have been brought to completion within ninety (90) days of
the institution of annexation proceedings; and
WHEREAS, the City Council of the City of Schertz, Texas is of
the opinion and finds that such territory is suitable for municipal pur-
poses and that it is in the best interest of the City of Schertz, Texas
and the citizens and inhabitants thereof that said territory be annexed
to and made a part of said City; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNICL OF THE CITY OF SCHERTZ, TEXAS:
I
That the following described territory containing 144.0 acres
31.34 acres and 73.08 acres respectively lying adjacent to and adjoining
the City of Schertz, Texas be, and the same is hereby added to the City
of Schertz, Texas and said territory shall hereinafter be included within
the boundary limits of said City and the various points contiguous to the
area described are hereby altered and amended so as to include said land
and territory within the corporate limits of the City of Schertz, Texas;
said land being more particularly described by metes and bounds as follows:
FIELD NOTES FOR 144.0 ACRES OUT OF COMAL COUNTY, TEXAS:
From a point of intersection, said point being the intersection
of the George M. Dolson/Torebia Herrera Survey line and the west
right of way line of FM 3009, N 24° 59' W, 290' to the point of
beginning:
THEidCE, S 600 W along the existing city limits 2780' more
or less to a point in the Morton Southwest, 89 acre tract,
said point being an intersection of the existing city limits;
THENCE, N 300 W with the existing city limits line, approx-
imately 2255' to a point on the north right of way line of
the Missouri, Kansas and Texas railroad;
THENCE, S 620 18' 30" E, approximately 3,000' along said
north right of way line of the Missouri, Kansas and Texas
railroad to a point of intersection of the north right of
way line of the Missouri, Kansas and Texas railroad and the _
west right of way of FM 3009;
THENCE, S 280 29' E, 1092.82' along said west right of way
of FM 3009 to a point of curve to the right, said curve
having a radius of 5,669.58';
THENCE, with said curve to the right and west right of vray
of FM 3009, 346.33' to a point;
THENCE, S 24° 5g' E, 747.15' along said west right of way
of FM 3009 to the point of beginning and containing 144.0
acres more or less.
Beginning at a point in the city limits of the City of Schertz,
said point being an intersection of the southeast R.O.W. line
of IH 35 and the northeast boundary line of the Roy Richard
18.0 acre tract;
THENCE, with the projected boundary of the 18.0 Roy Richard
Tract and existing city limits line, N 300 38' W, 190' to a
point on the center line of IH 35;
THENCE, N 420 09' E, 1260' more or less with the center line
of IH 35 and along the existing city limits line to a corner;
THENCE, N 30° E, 750' more. or less, with east line of the Herman
Klabunde Tract, said line being the existing city limits, to the
northeast corner of said tract;
THENCE, N 600 E, 2,800' more or less to.a point of intersection
of the South R.O.W, line of IH 35;
THENCE, with the south R.O.W, line of IH 35 S 440 49' W, 338~~ -
THENCE , S 420 09' W, 2 ,296.1
THENCE, S 46° 21' W, 164.1~~
THENCE, S 370 07' E, 136.8~~
THENCE, S 420 09' W, 500~~
THENCE, S 390 03' E, 651.4' to the point of beginning and
containing 32.11 acres, more or less.
FIELD NOTES FOR 73.08 ACRES OUT OF GUADALUPE COUNTY
Commencing at the Southwest corner of the southeast cut-off line
of IH 35 and Wiederstein Road;
THENCE, along the east and north right of way line of Wiederstein
Road as follows:
S 31° E 2950.00 feet
N 60° E 4047.82 feet to a point at ..the present city limits
line of the city of schertz and the point of beginning of this tract:
THENCE, along said present city limits line N 290 30' W, 500'
to a point;
THENCE, N 600 30' E, 6380' more or less to a point of intersection
with existing city limits of the city of Schertz;
THENCE S 24° 17' 30" E, 505' to~a point; _
THENCE, S 600 30' W, 6355' more or less to the point of beginning
and containing 73.08 acres.
II
That the territory so described and the areas so annexed
shall hereafter be a part of the City of Schertz, Texas and ,all taxable
property situated therein shall hereafter bear its pro rata part of the
taxes levied by the City of Schertz, Texas and the inhabitants thereof
shall be entitled to all of the rights and privileges of all the citizens
and shall be bound by the acts,.ordinances, resolutions and regulations
of the City of Schertz, Texas.
III
That the boundary limits of the City of Schertz, Texas are
hereby redefined so as to include the above described tracts of land
and from and after this date shall be defined and described as follows,
to wit:
PASSED, APPROVED AND ADOPTED this the ~
day o f rr ,~,~..~.A-~~ : 19
~ ~ /L
Mayor, City of Schertz, Texas
ATTEST:
,F
,a. ~.~....-A ~ a4_~
Cit Secretary, Cit of Schertz
( AL)
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OUNTY OF GUADALUPE ~
CITY OF SCHERTZ ~ ~
On this, the 20 day of December, 1977 at 7:00 o'clock P.M., the
City Council of the City of Schertz, Texas, convened at a regular meeting at the
regular meeting place in the Municipal Building in the City of Schertz, Texas,
pursuant to due call and notice to all of the members of said City Council,
which meeting was at all times open to the public, and at which meeting the
following members were present, to-wit:
Robert C. Bue~ker MAYOR
Richard L. Howe COUNCILMEMBER
Merwin G. Willman COUNCILMEMBER
Walter F. Schneider COUNCILMEMBER
Earl.W. Sawyer COUNCILMEMBER
Earl Johnson COUNCILMEMBER
ABSENT
and
June G. Krause CITY SECRETARY
Denny L. Arnold ~ CITY MANAGER
There being a quorum present, the meeting was called to order by the
Mayor, and, among other proceedings had were the following:
The Mayor introduced the hereinafter set forth ordinance, which has
been read and considered at the last regular meeting of the City Council on the
6 day of December, 1977 It was determined that the City Secretary had
caused a short synopsis of said proposed ordinance to be published in the
official City newspaper after its consideration at the last regular meeting of
the City Council and prior to this meeting.
Whereupon said ordinance was discussed and further considered by the
Council.
Thereupon it was moved by Councilmember Richard L. Howe
and seconded by Councilmember Walter F. Schneider that said ordinance
be finally passed and adopted. The. Mayor put the motion to a vote of the
members of the City Council and the ordinance was finally passed and adopted by
the following vote:
AYES: All Councilmembers present voted ".Aye"
NAYS: None
PUBLISHER'S AFFIDAVIT
The State of Texas
bounty of Guadalupe
Before me, the undersigned authority, on this day personally appeared____________________
who being duly sworn says that
he (shel is t'he ---------~(d. Y~ l ~ ~ of f~'~~~E'c.~ /JC~c.JS
a weekly newspaper published at ~~'.~_u- i ~ in said
county and state and that _________________!-`~Q' l
a copy of which is hereto attached, was published in said newspaper on
Subscribed and sworn to before me this the ~ day of
19..:.1..
ORDINANCE NO: 77-A-18 ~/~\~-G(,~~..ti•~ ( 4
A N O R D I N A N C E
PROVIDING FOR THE EX- Notary Public in and for
TENSION OF THE BOUN-
DARY LINES OF THE CITY ~ _ COUnty, Texas
OF SCHERTZ, TEXAS. BY
THE ANNEXATION OF
THREE CERTAIN TRACTS
OR PARCELS' OF LAND
CONTAINING 144.0 ACRES,
31.34 ACRES AND 73.09 ACRES
RESPECTIVELY OUT OF
COMAL AND GUADALUPE
COUNTIES.
Passed, approved and
adopted the 20th day of
December, 1977.
June G. Krause
City Secretary
City of Schertz, Texas
(lc
j
PUBLISHER'S AFFIDAVIT
The State of Texas
County of Guddalupe .
Before me, the undersigned authority, on this day personally appeared____________________
------------------•----------W'---R'---Tatum----------------------------------------, who being duly sworn says that
he (shel is 1'he Publish_er•-_--__---------_--_-- of -_..The Va7,ley News
a weekly newspaper published at _________________________SEguin in said
notice
county and state and that - - - -
a copy of which is hereto attached, was published in said newspaper on
Dec. 15, 1977
Subscribed and sworn to before me this the _______________30th---_ _ day of
.............................DeC---•---- 19..77...
LEGAL NOTICE Notary Public in and for
SCHERTZ CITY ORDINANCE
An Qrdinance Providing for the .......Ci]ls3,dd1a.Lp.e COUnty, Texas
Extension of the Boun~l'ary Lines
'bf the City. of 5chertz, Texas,. By
the Annexation of Three Certain:
Tracts or Farcels of Land Con- ~ ~ ~
Paining 144.0 Acres, 31.34.. Acres..
and 73.09_Acres 'Respectively, Out
of Comal'and Guadalupe Counties.'
Approved at first reading by the
Schertz City Counoil onDecember
6, 1977:
June G. Krause,
City Secretary,
City of 5chertz (1-c
August 3, 1978
Assistant Attorney General
Civil Rights Division
Department of Justice
Washington, D.C. 20530
RE: City of Schertz, Texas, Subdivision under Section 5, Voting
Rights Act.
Dear Sir:
This is a submission concerning three (3) annexations of the
City of Schertz, Texas.
For the purpose of clarity, the annexations will be numbered
A-52 through A-54.
Enclosed in this submission are copies of documents which are
relevant to each annexation. These documents include:
(1) Copies of the Public Hearing Ordinance for
each annexation.
(2) Copies of the Annexation Ordinance for each
annexation.
(3) Publishers affidavit for each public hearing.
(4) Map of each annexation.
(5) Map of the City of Schertz, showing the three
current annexations.
ANNEXATION ORDINANCES
Reference Number Date Annexation Ordinance No.
A-52 12-20-77 77-A-17
A-53 12-20-77 77-A-17
A-54 12-20-77 77-A-17
P.O. DRAWER I SCHERTZ, TEXAS 78154 PHONE 512-658-7477
_ _
REASONS FOR ANNEXATIONS
1. The annexation of Industrial property was due to expiration
of a seven year tax moratorium as provided by Section 970
of Vernon's Annotated Texas City Statues (A-54).
2. Annexations into largely uninhabited territory in the extra-
territorial jurisdiction. These annexations were done to:
A. Provide continuity to the City limits on IH 35 (A-52).
B. Provide a better delination of City limits along Wieder-
stein Road (A-53).
There is no past or pending litigation connected with the three
annexations. All annexations were carried out by Ordinance by
the Schertz City Council in accordance with applicable State
Statutes.
The map of the City of Schertz shows the current City boundaries
and also shows the date of the annexation and the acreage of each
annexation.
The three current annexations have increased the population of
the City by one household. The proportion of ethnic minorities
in the City has not been affected by the three annexations.
All residents of the annexed areas, if they are registered to
vote, under the laws of the State, are eligible to vote in all
municipal elections.
Furthermore, none of the annexations were enacted with the pur-
pose of abridging any persons right to vote. The annexations
were enacted for economic reasons and for the purpose of adding
• continuity to the present City limits.
Your consideration of this request is appreciated.
Sincerely,
ter Hi , Jr.
City Manager
WWH/cmw
Enclosure
P.O. DRAWER 1 SCHERTZ, TEXAS 78154 PHONE 512-658-7477 ,
~F,~~ ~ UNITED STATES DEPARTMENT OF JUSTICE
,e~
WASHINGTON, D.C. 20530
. ~ti
~
~
Address Reply to the
Division Indicated
snd Refer to Initials and Number
DSD:DHH:HEW:gml _
DJ 166-012-3 S E P 2 2197
A7497-99
Mr. Walter W. Hill,. Jr.
City Manager
City of Schertz
P. O. Drawer 1
Schertz, Texas 78154
Dear Mr. Hill: j
This is in reference to the three annexations to the City
of Schertz, Guadalupe County, Texas, submitted to the Attorney
General pursuant to Section 5 of the Voting Rights Act of 1965,
as amended. Your submission was received on August 7, 1978.
The Attorney General does not interpose any objections
to the changes in question. However, we feel a responsibility to
point out that Section 5 of the Voting Rights Act expressly provides
that the failure of the Attorney General. to object does not bar any
subsequent judicial action to enjoin the enforcement of such changes.
Sincerely,
DREW S. DAYS III
Assistant Attorney General
Civil Rights Division
ay:
GERALD W. JONES
Chief, Voting Section
PUBLISHER'S ~lFFiDAVIT
The State of Texas
County of Guadalupe "
Before me, the undersigned authority, on this day personally appeared____________________
_ _ _ W. R. Tatum who being duly sworn says that
-
Publisher of The Valley News
he (she) is t'he - -
a weekly newspaper published at
Seguin-------------------------------------------------- in said
notice
county and state and that
a copy of which is hereto attached, was published in said newspaper on
Nov. 24, 1977
----------------------~:..~-~:c~~--~.-
Subscribed and sworn to before me this the ______________~5th__.__.______.._.__.____._____.. day of
Nov 19. 77
Notary Public in and for
__Guadalupe _ _ _ _ County, Texas