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79A23-Annexation of 335 acres ORDINANCE NO.--~ ~y i k AN ORDINANCE f PROVIDING FOR THE EXTENSION OF THE BOUfdDARY LINES OF THE CITY OF SCHERTZ, TEY,AS, BY THE ANNEXATION OF 335 ACRES OF LAND }FORE OR LESS OUT OF GUADALUPE COUNTY. l~lHERFAS, the hereinafter described tract of land adjoins the corporate limits of the City of Schertz, Texas, and does not exceed one (1) mile in r~~idth; and l~;l-IEREAS, a public hearing on the question of ~ti~hether 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 1~1HEREAS, by the passage of this ordinance annexation of said territory will have been brought to completion within ninty (90) days of the institution of annexation proceedings; and t~Jl-{EREAS, the City Council of the City of Schertz, Texas is of the opinion and finds that such territory is suitable for municipal purposes 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 COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 1 THAT the following described territory containing 335 acres, more or less, 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 her°einafter be included within the boundary lines 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: acre tract; T}-}ENCE N 60o E, 120' to a point in the East right-of-way line of FM 3009 and continuing a total of 3,920 feet Wore or less to a point, said point being the Northeast corner of the Guadalupe County Joint Venture, 220 acre tract; Tl1ENCE N 290 49' W, ?_,850 feet more or Less to a corner, said corner being the Northeast corner of the Gladys K. Friesenhahn tract; I T}lENCE S 600 t,T, 400'. ~ more or less to a point, said point being in the inter- section of the Northwest property line of the Gladys K. Fi~esenhahn tract and the Northeast property line of the Evelyn K. Ripps 160 acre tract; 'T}IENCE N 300 T,T, 2,100 feet more or less along the East boundry or the said Evelyn j K. Ripps tract to a point being the Northeast corner of the Evelyn K. Ripps tract and the Southeast corner of the W. E. Dean 74.003 acre tract; THENCE S 600 W, 2,350 feet more or less along the South boundry of the said W. E. Dean tract to a point being the Southeast corner of the said W. E. Dean tract; THENCE continuing S 600 W, 1,000 feet more or less along the existing City limits of the City of Schertz to a point in the east right of way of FM 3009 said point being tl~e intersection of the southeast property line of the Roy Richard, 18 acre tract and the east right of way line of FM 3009; THENCE S 300 E, 2,1.00 feet more or less along the meanders of the east right of ~vay line of FM 3009 to a point, said point being the intersection of the northwest right of way .line of Crest Oak and the east right of way line of FM 3009; THENCE along the northwest right of way of Crest Oak N 600 43'33" E, 392.85 feet; THENCE N 600 18'07" E, 359.52 feet; T1jENCE N 60016' 10" E, 445.97 feet; THENCE N 600 E, 1322 feet more or less along the northwest property line of the Gladys K. Friesenhahn tract; THENCE S 300 E, 1160 feet more or less to a point in the south line of the Gladys K. Friesenhahn tract; THENCE S 600 tti', 2520 feet more or less with the south line of the Gladys K Friesenhahn tract and the south line of the Oak Forest subdivision and i continuing S 600 W, 120' to the west right of way line of FM 3009; THENCE S 290 49'E, 1,673 feet more or Less along the west right of way line of FM 3009 to the point of beginning and containing 335 acres more or ~ less. i 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. PASSED, APPROVED AND ADOPTED thi s the____~ day of____ ~ 19___~~____ ~ t~"`ayor, City of Schertz, Texas ATTEST: ~,~~t;~2--- Ci Secretary, City of Schertz (SEAL OF CITY) COUNTY OF GUADALUPE ~ CITY OF` SCHERTZ ~ ~ On this, the 4 day of December, 1979 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. Bueker MRYOR Earl ~W. Sawyer COUNCILMEMBER Richard L. Howe COUNCILMEMBER Gail Hyatt ~ COUNCILMEMBER Walter F. Schneider COUNCILMEMBER • Jack M. StomaGkin, Sr. COUNCILMEMBER ABSENT and June G. Krause CITY SECRETARY Jimmy G. Gilmore 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 F 20 day of November, 1979 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" t~~Y:~ ~ None F~ ~ f -''I F.F- ti ~ f' 4`I Li.. _ I ~ ( i i r ~ LOOK447" X20. II . _ ~ _ ~ 1 i ~ I .,m. ~ N ~ y ~ f H trriio3 ~ ~ a II 11 ~ ~ ~ u ~ ~ ~ ~ f, ' 1 ~a ~ If a ~ ~ ~ I ~ li ~ ! i'M rro3 ~ ~ I ~ I ~ I ! ~ ~ ~ V I .My ' ' n A~ y ~ ~ a ti ~ w~ ' D ~ n L1 1 ~1 ~ - - my ~ , A ~ ~3 b .a `1 N p ~ ~ o I "•r w. .~~~u~uVC uiu~c haLlVil aI.LI V11~. 1. Type of municipality A. x Home Rule Charter B. - Special Charter C. General Law City (under Title 28 of Texas Revised Civil Statutes) ~ If Home Rule Charter or Special Charter, has municipal governing body chosen to adopt I incorporation laws of Title 28 of TEX. FEV. CIV. STAT. ANN. in lieu of their charter? YES NO x. If anstiver is yes, ans~,•;er follot•;ing questions as if a general law city. 2. If Home Rule or Special Charter City, does charter specify how annexation is to be accomplished? YES x NO - If yes, ~•rhen ~~as such provision adopted? April 6, 1974 3. Annexation was accomplished by: _ x Ordinance (If by ordinance, attach copy of ordinance) Charter Amendments; _ Other, explain: Effective date of this annexation? December 4, 1979 Date annexation pi°oceedings instituted (e. g., first reading or ordinance). Nov_. 20, 197.9_ k~as public hearing held on the annexation 10 to 20 days prior to institution of ann~xa- tion proceedings? YES x NO Give date(s) November 6, 1979 lti'as notice of hearing published in newspaper of general circulation in the city and territory? YES x NO - P,ame of newspaper J_` The Valley News _ - Date(s) published October I8, 1979 bJas notice of annexation given by certified mail to each railroad company serving tre city with right-of-way in annexed territory? YES NO Date sent: Railroad Company - - - Attach map showing city limits previous to this annexation, limits of extraterritorial jurisdication prior to this annexation, and local of newly annexed territory. A. Total corporate area of municipality as of January 1 of calendar year in which this annexation became effective, r~~p_~92 ~~r~s B. Total area annexed in the calendar year in which this annexation became effective • (including this annexation). 637.928 acres f, F !i f' used fora public purpose? None Acres or square miles (identify which). -0- (b) hrhich was annexed by a request of majority of resident voters of territory and/or the o~•rners of the land involved? None Acres or square miles (identify ~~rhich). -0- (2) For that calendar year, was municipality authorized to annex more than 10% of its total area (as of the first of the calendar year in which this annexation became effective) due to carry-over of previous years' unused annexation allo- cations? YES x NO If yes, state year(s) in ~,~hich carry-over allocations originated, and amount of area carried over. 1977--156.9302 acres~_ 1978-=4~~~439_2_a~r_e~G-,' ~g7~== 431.0392 acres. 1. Is width of newly annexed area 500 feet or more at the narrowest point? YES ~ NO _ If no, was annexation initiated upon written petition of the otrner(s) or of a majority of the qualified voters of the area to be annexed? YES NO _ X 2. Does newly annexed territory include any ter°ritory within the city limits or extra- territorial jurisdiction to another city? YES NO x 3. Had residents in the annexed territory begun any procedures for municipal incorporation' of all or part of the area annexed? YES NO x 4. If annexing city is a general law city, did majority of the qualified voters of the territory annexed signify their approval of the annexation? YES NO If yes, in what manner? Petition Ealloting _ Other A. Population of annexing city according to last preceding Federal decennial census. 4016 B. Population of annexing city immediately prior to this annexation. 7610 SOUrCe of Data Bureau of Census - July 1977 C. Estimated population of area annexed _Three Households 5. Is this a general purpose, rather than a special purpose annexation? YES x NO 7. ~das valid contract between municipality and owners of land in designated industrial district exempting the area from annexation in effect at effective date of annexa- tion? YES NO -2- (3) i9• ti,as annexation accomplished by charter amendment? If yes, complete the following: (A) Date of passage of ordinance submitting amendment for vote: (B) Date when election held: '(C) Dates of publication notice of election in ne~~;spaper of general circulation: Name of newspaper (D) l~;as authenticated copy of the amendrr~nt sho~vi ng i is approval by voters sent to Secretary of State? YES NO (E) tdas this charter election at least two 2 0 ' charter? YES NO ( ) years after the last amendm~nt of the ame, title, mailing address, and phone nur~ber of person completing questionnaire: dme: Glynn A. Stanhope _ Title Administrative Assistance ddress: P.O. Drawer 1 Schertz, TX 78154 _ Phone: (512) 658-7477 OFFICIAL ANNEXATION CERTIFICATION - June G. Krause - _ City Secretary ~Off~cial Titled the City of Schertz certify that the information provided rein is complete and correct. I further certify that to the best of my knowledge the undary change(s) described herein was accomplished with all applicable Texas laws. Signatu e ~f j -3- RESOLUTION N0. ~9~ I1 A RESOLUTION i BY THE CITY COU~~CIL OF THE CITY OF SCHERTZ, TEXAS, SETTING A TIME, DATE Ai~JD PLACE FOR A PUBLIC HEARING PURSUAidT TO '?HE PP.OPOSED APJPJEXATION OF 350 ACRES OF LAID t~10RE OR LESS OUT OF GUADALUPE COUNTY. 1,lHEREAS, the City Council of the City of Schertz, Texas desires to institute annexation proceedings concerning the territory des- cribed herein, and I•JHEREAS, in accordance with Section 6, Article 970a, Vey°non's Texas Civil Statutes, a public hearing is r°equired, fdOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT a public hearing is hereby scheduled for 7:00 P.M. November 6, 1979, to be held in the Council Chambers of the Municipal Building, 1400 Live Oak Road, Schertz, Texas, to obtain the views of the public concerning the proposed annexation of the following territory: i acre tract; THENCE N 60° E, 120' to a point in the East right-of-way line of FM 3009 and continuing a total of 3,920 feet nore or less to a point, said point being the Northeast corner of the Guadalupe County Joint l'enture, 220 acre tract; THENCE N 29° 49' W, 2,850 feet more or less to a corner, said corner being the Northeast corner of the Gladys K. Friesenhahn tract; THENCE S 60° W, 400'. _ more or less to a point, said point being in the inter- section of the Northwest property line of the Gladys K. Friesenhahn tract and the Northeast property line of the Evelyn K. Ripps 160 acre tract; T'~iENCE N 300 [,T, 2,100 feet more or less along the East boundry or the said Evelyn K. Ripps tract to a point being the Northeast corner of the Evelyn K. Ripps tract and the Southeast corner of the W. E. Dean 74.003 acre tract; THENCE S 60° W, 2,350 feet more or less along the South boundry of the said 47. E. Dean tract to a point being the Southeast corner of the said W. E. Dean tract; THENCE continuing S 600 W, 1,000 feet more or less along the existing City limits of the City of Schertz to a point in the east right of way of FM 3009 said point being the intersection of the southeast property line of the Roy Richard, 18 acre tract and the east right of way line of Fit 3009; THENCE S 300 E, 2,100 feet more or less along the meanders of the east right of way line of FM 3009 to a point, said point being the intersection of the northwest right of way line of Crest Oak and the east right of way line of FM 3009; THENCE along the northwest right of way of Crest Oak N 600 43`33" E, 392.85 feet; THENCE N 60° 18'07" E, 359.52 feet; THENCE N 60016' 10" E, 445.97 feet; THENCE N 600 E, 1322 feet more or less along the northwest property line of the Gladys R. Friesenhahn tract; THENCE S 300 E, 1160 feet more or less to a point in the south Line of the Gladys K. Friesenhahn tract; THENCE S 600 W, 2520 feet more or less with the south line of the Gladys K Friesenhahn tract and the south line of the Oak Forest subdivision and continuing S 600 W, 120' to the west right of way line of FM 3009; THENCE S 290 49'E, 1,673 feet more or Less along the west right of way line of FM 3009 to the point of beginning and containing 335 acres more or less. PASSED, APPROVED AND ADOPTED this the__~° day of__~~__~r!/~~~__, 19_~~ . AT FST: 1.layor, City of Schertz, Texas 2~~. .sr?.~ • City Secre ary, City of Schertz AL OF CITY) December 20, 1979 Assistant Attorney General Civil Rights Division Department of Justice Washington, DC 20530 RE: City of Schertz, Texas, Subdivision Under Section 5, Voting Rights Act Dear Sir: This is a submission concerning two (2) annexations of the City of Schertz, Texas. For the purpose of clarity, the annexations will be numbered A-58 and A-59. Enclosed in this submission are copies of documents which are relevant to each annexation. These documents include: (1) Copies of the Annexation Ordinance for each annexation. (2) Copies of the Public Hearing Resolution for each annexation. (3) Map of each annexation. (4) Example copy of a letter sent to notify property owners. (5) Map of the City of Schertz showing the two current annexations. ANNEXATION ORDINANCES Reference Number Date Annexation Ordinance A-58 12-04-79 79-A-23 A-59 12-04-79 79-A-24 P.O. DRAWER f SCHERTZ, TEXAS 7$154 PHONE 512-658-7477 _ j REASON FOR ANNEXATION ~ ~ The two annexations was done to provide continunity to the City Limit on FM 3009. There is no past or pending litigation connected with the two annexations. All annexations were carried out by (Ordinance by the City Council, in accordance with applicable State Statutes. The map of the City of Schertz shows current City boun- daries and also shows the date of the annexation and the acreage of each annexation. The two current annexations have increased the population by five household: The proportion of ethnic minorities in the City has not been affected by the two 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. Futhermore, none of the annexations were enacted with the purpose of abridging any persons right to vote. Your consideration of this request is appreciated. Sincerely, . •Jimmy G. Gilmore City Man ger JGG/gs Enclosures CITY OF SCHERTZ ORDINANCE NO. 79-A-23 AN ORDINANCE PRO~~IDING FOR THE EX'T'ENSION. OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, .TEXAS, BY THE ANNEXA- TION OF 335 ACRES OF LAND MOVE OR LES5-0UT OF GUADALUPE COUNTY. Passed, approved and adopted the 4th day of December, 1979. June G. Krause, City Secretary City of Schertz, Texas - -50(lc Address Reply to the Division Indicated and Refer to Initiab and Number DSD:JMC:ELG:akp DEB 19~Q DJ 166-012-3 C8363-8364 Mr. Jimmy G. Gilmore City Manager Post Office Drawer 1 Schertz, Texas 78154 Dear Mr. Gilmore: This is in reference to the two 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 December. 27 1979. 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 By ; GERALD w. J ES Chief, Voting Section