80A05-Disannexation of 7.50 acres ORDINANCE N0 . gQ
AN ORDINANCE
PROVIDING FOR THE MODIFICATION OF THE BOUNDARY
LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE
DISANNEXATION OF A TRACT OF LAND CONTAINING
7.50 ACRES OF LAND OUT OF GUADALUPE COUNTY.
WHEREAS, the hereinafter described tract of land is contained
within the city limits of the City of Schertz, Texas; and
4JHEREAS, a public hearing on the question of whether said
land should be disannexed and shall cease to be 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, disannexation
of said territory will have been brought to completion within ninety (90)
days of the institution of disannexation proceedings; and
WHEREAS, the City Council of the City of Schertz, Texas, is of
the opinion and finds that such territory is not suitable at this time 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 dis-
annexed from and cease to be a part of the said City; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
I
THAT the following described territory containing approximately
7.50 acres lying within the City of Schertz, Texas, be, and the same is
hereby removed from the City of Schertz, Texas, and said territory shall here-
inafter be excluded from the boundary limits of said City and the various
points contiguious to the area described are hereby altered and amended so as
to exclude said land and territory from the corporate limits of the City of
Schertz, Texas; said land being more particularly described by metes and
bounds as follows:
Being 7.50 acres of land out of a 48.07 acre tract conveyed by Elgin
Mueller to P.C. Naylor, Jr., by deed recorded in Volume lll, Page 871,
of the Deed of Records of Guadalupe County out of the Torribio Herrera
Survey Number 68, Abstract 205, and being more particularly described
as follows:
BEGINNING: At a concrete highway marker in the Northwesterly line
of Interstate Highway Number 35 at the Northwest cut-off
of I.H. 35 and F.M. 3009;
~a t~
THEPJCE: North 13° 52' 15" W-e~; 113.37 feet along the Right-of-
way cut-off line to a concrete highway marker in the West
Right-of-way line of F.M. 3009 for the point of curvature
of a curve to the ri~ht whose radius is 1,492.69 feet and
chord bears North 30 23'15" West, 281.42 feet;
THENCE: Along the Westerly Right-of-way line of F.M. 3009 and arc
of the curve, 281.84 feet to a point;
THENCE: Continuing along the Westerly Right-of-way line of F.M.
3009, North 24° 59' 00" West, 195.49 feet to a point for
the POIfdT OF BEGINNING and Southeast corner of this tract;
THENCE: South 610 10' 30" West, 494.38 feet to a point for the
Southwest corner of this tract;
~`~~~s3~
THEPJCE: North 280 49' 30" West, 633.57 feet to a point for the
PJorthwest corner of this tract;
5~`3.oz
THEPJCE : North 61 ° 10' 30" East, -53fr:9-2- feet to a point for the
Westerly Right-of-way line of F.M. 3009 for the Northeast
corner of this tract;
w l:% , ; ~t
THENCE: South 24° 59' 00" East, 635.00 feet along the Westerly
Right-of-way line of F.M. 3009 to the POINT OF BEGINNIPJG,
and containing 7.50 acres of land, more or less.
II
THAT the territory so described and the areas so disannexed
shall hereafter cease to be a part of the City of Schertz, Texas.
PASSED, APPROVED AND ADOPTED this the day of ~ ,
19 ~d
Mayor, City o Schertz, Texas
ATTEST:
Ci Secreta Ci y of Schertz
(S AL OF CITY)
COUNTY OF GUADALUPE ~ '
1
CITY OF~ SCHERTZ ~ ~
On this, the day of arch 1980 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 MAYOR
Richard L. Howe COUNCILMEMBER
Waiter F. Schneider COUNCiLMEMBER
Earl W. Sawyer. COUNCILMEMBER
Jack M Stomackin Sr COUNCILMEMBER
• COUNCILMEMBER
ABSENT
Gail Hyatt COUNCILMEMBER
and
Alice R. Austin Deputy 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
19 day of February, 1980 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 Jack M. Stomackin, Sr.
and seconded by Councilmember Earl W. Sawyer 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: Richard Howe, Earl Sawyer and Jack °M. `'Stomackin, Sr.
.NAYS-: 1"lal.ter F. Schneider
RESOLU i I ON 1~J0. .~d ~ I
i
A RESOLUTION
B1' THE CITY COu'JCIL OF T~'E CITY OF SCHEP,TZ, E}:AS,
SETTIPG A Ti1iE, ~~',TE P.';D rL:,CE FOR ,A r:_;~I_IC '.E.'';RI'vG
i.;~RSv!;;'~T TO T~;E ~ OSED DIS:','; E},A,T O'I OF 7. ~Q ACRES
OF LP,;tD ~~~ORE OR LESS OUT OF G~J.~~ALUPE COUdTY.
J
i
t~,HEREAS, the City Council of the City of Schertz, Texas
desires to institute disar~nexation proceedings concerning tf;e territory
described herein, and
t~JHEREAS, in accordance with Section 6, Article 970a, Vernon's
Texas Civil Statutes, a public hearing is required, ;vO1~J THEREFORE
BE IT RESOLVED 6Y THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT a public hearing is hereby scheduled for 7:00 P.M.
February 5, 1980, to be held in the Council Chambers of the 1~lunicipal
Building, 140f~ Live Oak Road, Schertz, Texas, to obtain the views of the
public concerning the proposed disannexation of the following territory:
,1~
i,i' i;ly I .'v " ~ f'CCG~ (-1~ 1 , UI 1.1K ~i~_..
to P. C. I.::y~~~r, Dlr. by d;=cad r~co1;.,.~d in 1'olt_ t ;3
Fc-co':"ds of Gua~al u,,e C~,unty out of ti;e To;"riv to r~~rrc1-a Tr~a~y
> ~ ?OS t:.;d iioi)':g ~:~~+'e :.rt~cularly c~scr;r`d as i-ollo::s:
ir~JS~1"aCL ,
of Tutor
~ CC~i-+~1"~i.2 ill iT...l"~:~t' 11l ti;e IC?rti"'`,;cStEi'1}' 1~1-;e - -
~ ~ I ~5
s~ ~e i;ic~'~.. .y ';:..`,_~r _ at t?,~ i,C;r~i;~,:~st cut--off of
r;~et alcr~g i.i:a Right-Gf-,~<:y u,.-
,:~_:~,CE: 1
off 1 i ne ~o a concrete i;i gh'.;ay r,~r~;ei~ i n the 1'.est Ri ~;~~~.-0; -
7 i l.e of F.I~1. 3~J:~9 for tine point of cur~lature of a cui"ve to the _ a
s_ ~d chord bt ars Forth 30° 23' 1~`'
right ;.hose 1"~_cius is 1,497.69 ,;.2t a,, ;l
;est, 2S1.42 f~~t; .
T HENCE: Al ol~g the !;esterly Right-Of-1•'ay l i 1~e of F.I~f. 3009 and arc of the
curve, ?_81.84 feet ~o a point;
f';t;CE: Cant i ru i ng along tho 1~.esterly P.i gist-Of-icy line of F~ t•i. 3009, ~horih
24° 59' 00" ldest, 195.49 feet ~o a poin~ ,or ire POI~~T OF 8~G_I;'~,1t,G
alid Southeast corner of this tract;
T}iL i,CE: Sotrt'n 61 ° } 0' 3p" :est, 494.38 ;get to a poi nt for the South~.aest
corl-leT- of this tract;
~fI,EI;CE: Iorth ?_8° 49' 30" ldest, 633.57 feet to a point for the northwest
corn::r of this tract;
° ~ ~ ~t to a point for the t~;esterly
7HEi~CE:. t;orth 61 10 30 East, 5_>6.92 few
Right-Of-!•1ay line of F.t•1. 3009 for file iortheast corner of this
tract;
~TI~Et~CE: South 24° 59` 00" East, 6350100 ~FeQEGII`i;gl;G~,eandscontaiRingt7050,Iay
line of F.t`1. 3009 to the P
acres of land, rTOre or less.
PASSED, APPROVED AID ADOPTED THIS THE ~C.~ti DAY OF ~;~,c.~~~-/'~_
i 9~0 • ~ ~
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ATTEST: ~ Nayor, City of Schertz, Texas
.
ecretary, City of Schertz -
SEA~ OF CITY -
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R.ti1l. C)PITZ 8. ASSOCIATES ~ti t~~t
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Pt.AT SHOWING ~ 310 ~"lest Sunset Road r ~':,`r,~~l
San Antonio, Texas 78204 ~ '
~O AGES OF Lq~c./O oUr pF- q stz-s28-s~s4
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~Q Y~O,P, J~ Q5 P.ECOF'DEp //V STATE OF TEXAS Ec~ST
U1.'1E PAGE 871, OF 7/-/E COUNTY OF BEXAR sro~r.at. ~tt~~ r
0~4 G UPE G'DU~tIT~; TEJ~A S l.~EE/~ ~e,awo~~
t,~E'08EPr W. ~P/T~ ,HEREBY CERTIFY 7HAT 7EiE
~OFc'~$ QUj OF jfi/,E 70~'/f3/O ABOVE PIAT !S TRUE AND CORRECT ACCORDING TO AN
f'~~~Q SU,E'VEY ~tJO. G8 ~4f3~T. ?05 ACTUAL SURVEY }.'IADE ON THE GROUND UNDER MY
i SUPERVISION
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Affidaait By Publisher Of . q , ~Q,~S , , '
i
THE STATE OF TEXAS,
County of Guadalupe. Before mc, the undersigned authority, on this dat
m ` e personally appeared
~QS • • ` ~ • 1 • • •~~~r•~'~. • • known to me, who, bein b me dul sworn, on his oath de
l.~ ~ g y y poses and
says chat he Is the publisher of The a newspaper published in said county; that a ro
py of the
within and foregoing was published in said newspaper
times be-
fore the return day named therein, such publications being on the following dates:
and a newspaper copy of which is hereto attached. -
jy:...
f
Sworn to and subscribed before me, this day tX .
A D.. 19
.C~.
ota ~ PubUc, Guadalupe County, Texas
~ J~ ~.~Y
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January 28, 1981
Assistant Attorney General
Civic Rights Division
Department of Justice
Washington, D. C. 20530
RE: City of Schertz, Texas, Submission under Section 5 of the Voting.Rights
Act.
Gentlemen:
This submission concerns four (4) annexations and two (2) disannexations of
the City of Schertz, Texas.
For the purpose of clarity, the annexations and disannexations wi17 be
numbered A-60 through A-65.
Enclosed in this submission are copies of documents which are relevant to
each annexation and disannexation. These documents include: _
1. Copies of the Resolution calling a public hearing for each
annexation.
2. Copies of the Annexation and Disannexation Ordinance for each.
3. Publisher's Affidavit for each public hearing notice.
4. Map of each annexation and disannexation.
5. Example copy of letter sent to notify property owners.
6. Map of the City of Schertz, Texas, showing the four annexations
and two disannexations.
_ ORDINANCE Af~D RESOLUTION REFERENCES
Reference Number Date Ordinance Number Resolution No.
A-60 3-4-80 80-A-5 80-R-1
A-61 9-2-80 80-A-19 80-R-5
A-62 9-2=80 80-A-20 80-R-4
A-63 9-2-80 ~ 80-A-21 80-R-3 _
A-64 i0-7-80 80-A-23 80-R-7
A-65 11-4-80' 80-A-25 80-R-8
1
~ i~iuua~~ jai rarK were zo
~ provide for industrial development.
The two annexations (A-61 and A-62) into largely uninhabited territory
y, ti~ere accomplished to close in the City limits and gain control over
anticipated development in those areas.
Annexations A-63 and A-65 were done to provide continuity to the City limits
on I 35. '
There is no past or pending litigation connected with the four annexations
or the two disannexations. Ail were carried out by passage of ordinances by
the City Council in accordance with applicable City Charter and State Statutes.
The map of the City of Schertz, Texas, shows current city boundaries and also
5 shows the number, date and acreage of each action.
The four annexations have increased the population by eleven households. The
~ proportion of ethnic minorities in the City has not been affected by the four
annexations.
Ali 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. Further-
more none of the annexations were enacted with the purpose 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,
Ji mrrly G. Gi 1 more
City Manager
JGG/jgk
Encs.
Washington, D.C. 20530
J PT : CWG : EL G : gml
DJ 166-012-3
D6943-6948
~ ~
Mr. Jimmy G. Gilmore
City Manager
1400 Live Oak Road
Post Office Drawer 1
Schertz , Texas 78154
Dear Mr. Gilmore:
This is in ref erence to the four annexations
(Ordinance Nos. 80-A-19 through 80-A-21, 80-A-25) to, and two
deannexations (Ordinance Nos. 80-A-5, 80-A-23) from, the
City of Schertz in Guadalupe County, Texas, submitted to
the Attorney General pursuant to Section 5 of the Voting
Rights Act of 1965, as amended, 42 U.S.C. 1973c. Your
submission was received on February 2, 1981.
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,
JAMES P. TURNER
Acting Assistant Attorney General
Civil Rights Division
By:
d~ GERALD W . JONES
Chief, Voting Section
_ ~
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512j 658-7477
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~
August 7, 1981
Larry Crumpton
Director
Local Government Services Division
Box 13166,Capitol Station
Austin, Texas 78711
Sir:
Enclosed as listed below are the Annexation Certification
Data Forms and gnnexation ordinances requested in your
letter dated July 10, 1981. I have also enclosed two
disannexation ordinances which were passed during the same
year.
Annexation or Effective City's
Other Action Date Authorization #
Disannexation March 4, 198.0 80-A-5
Annexation September 2, 1980 80-A-19
Annexation September 2, 1980 80-A-20
Annexation September 2, 1980 80-A-21
Annexation November 4, 1980 80-A-25
Disannexation October 7, 1980 80-A-d3
I hope this brings your records up to date. If you require
any additional information, please contact me.
Sincerely,
une G. rause
City Secretary
JGK/aa
Encs:
u
~ > July 10, 1981
Ms. June G. Krause
City Secy., City of Schertz
P. 0. Drawer I
Schertz, Texas 78154
Dear Ms. Krause:
The Federal Office of Revenue Sharing requires that the State of Texas.
provide a certification that each city over 5,000 population has used correct
and complete procedures and has complied with all Texas law in making their
boundary changes and/or in annexing territory. Governor William P. Clements
has delegated to TDCA the responsibility for establishing such a certification
process. 4Je have now received notice from the Office of Revenue Sharing that
in 1980 your city made annexations or boundary changes as listed below:
Annexation or Effective City's Auth-
Other Action Date orization #
Annexation 9/2/80 80-A-19
Annexation 9/2/80 80-A-20
Annexation 9/2/80 80-A-21
Annexation 11/4/80 80-A-25
In order for us to ascertain that your city's actions have complied with
all applicable state laws, please complete one copy of the annexation certifi-
cation form for each action and return these to TDCA within 14 days. The
Department will be unable to certify boundary changes unless this office has
the certification data form on file to provide the necessary documentation of
your city's actions. Should you have any questions, please call John Clary at
our toll-free number (800) 252-9642 or (512) 475-0250. Your prompt attention
is necessary for these certifications.
Sincerely,
Larry Cru pton
Director
Local Government Services Division
LC:pmc
Enclosure PSDEPAgI~
ti} ~y~
MAILING ADDRESS: y`,., e BUILDING LOC.AT/O~'
BOX 13166, CAPITOL STATION UNITY FF~p 210 BARYON SPRIT
AUSTIN, TEXAS 78711 AUSTIN, TEXAS 78'
TELEPHONE: 1-800-252-9642 or 512-475-2431
AN EQUAL OPPORTUNITY
AFFIRMATIVE ACTION EMPLOYER