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97A20 Annexation 35.31 acres Comal CountyORDINANCE NO. 9 "/ /7'o~D AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 35.31 ACRES OUT OF COMAL COUNTY. WHEREAS, the hereafter described tract of land adjoins the corporate limits of the City of Schertz, Texas, and does not exceed one (1} mile in width; and WHEREAS, public hearings on the question of whether said tract of land should be annexed to and become a part of the City of Schertz, Texas, were duly called and notice thereof given and said public hearings have been had, all all in accordance with law; and WHEREAS, 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; and WHEREAS, the City Council has directed the City Manager to prepare a service plan that provides for the extension of municipal services into the area to be annexed in accordance with law; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT the following described territory containing 35.31 acres of land lying adjacent to and adjoining the City of Schertz, Texas, be and the same is hereby added and annexed to the City of Schertz, Texas; and said territory shall hereinafter be included with the boundary limits of said City and the various points contiguous to the area described and 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: II THAT the Service Plan providing municipal services be attached and made a part of this Ordinance annexing the area and approved as a part of this Ordinance. The Plan shall be construed as a contractual obligation and be valid for ten (10) years and renewal shall be at the discretion of the City of Schertz, Texas. III 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. Approved on first reading the /'~,~ day of June, 1997. PASSED, APPROVED AND ADOPTED, this the ~ day of July, 1997. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (SEAL OF CITY) -2- SERVICE PLAN PROVIDING FOR MUNICIPAL SERVICES I Pursuant to H.B. 1952, Sixty-Seventh Legislature of the State of Texas, the City of Schertz, Texas does hereby propose and adopt the following service plan that provides for the extension of City services to land that adjoins the corporate limits of the City of Schertz, Texas. Said land being herein described by legal description and that said land is hereby being considered for annexation by the City of Schertz, Texas; and whereby upon annexation of said land by the City of Schertz, Texas, the plan hereby adopted establishes a contractual obligation between the City of Schertz, Texas and the registered voters that will be within the territory herein described and proposed to be annexed by the City of Schertz, Texas. II This plan applies to a 35.31 acre tract of land out of Comal County, described in the attached field notes/metes and bounds and map, and made a part hereof. III That the City of Schertz, Texas proposes and adopts the following plan: A. That upon installation of water and sewer lines as required by ordinances of the City, the City will permit those services to be used according to the general standard and scope of those type of services furnished by the City in other areas of the City of Schertz which have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. B. That law enforcement services, fire department services, and emergency medical services will be provided by the City of Schertz according to the general standard and scope of those services furnished by the City in other areas of the City of Schertz which have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. C. That garbage collection service will be made available by the City of Schertz according to the same standard and scope of that type service made available by the City in other areas of the City of Schertz, Texas. -3- D. That all other utilities available within the present corporate limits of the City of Schertz will be made available to this area being annexed according to the capabilities of those companies providing those utilities and according to any agreement, contract, or franchise that may exist between those companies and the City of Schertz. E. That this area being annexed, and the residents thereof, are entitled to the amenities of the City of Schertz to the equal degree of the citizens presently within the corporate limits of the City of Schertz. F. That this area being annexed, and the residents thereof, are entitled to and shall be governed by the Charter of the City of Schertz and all statutes, ordinances, policies and any and all other governing directives that exist or may ever exist for those residents presently within the corporate limits of the City of Schertz. G. That if this area being annexed is ever disannexed, then only those laws, rules, regulations, ordinances and any and all other governing directives that may apply to areas of land within the extraterritorial jurisdiction of the City of Schertz will be in effect. H. That it is the intent of the City of Schertz to comply with the laws of the State of Texas that relate to the annexation of territory. I. That the provisions of this plan will commence upon the effective date of an approved and adopted ordinance annexing this territory into the corporate limits of the City of Schertz. -4- D~~C Don McCrary & Associates, Inc. Engineers and Surveyors METES AND BOUNDS FOR 35.6 ACRES Metes and bounds description of a 35.31 acres tract of land situated in Comal County, Texas, out of the Rafael Garza Survey No. 98, Abstract 175, being out of 58.264 acre tract of land described in substitute trustee's deed dated November 7, 1989, and recorded in Volume 699, Page 816, Deed Records of Comal County, Texas, and being more particularly described by metes and bounds as follows: POINT OF COMMENCING At a 1 '/" iron pin found at a fence corner in the northwest Right-of- Way line of Interstate Highway 35, for the south corner of the said 58.264 acre tract; THENCE N 29°58'26" W, 750.00 feet with a fence and the southwest line of the said 58.264 acres to a point and the POINT OF BEGINNING; THENCE N 29°58'26" W, 1152.00 feet with a fence and the southwest line of this tract also being the northerly boundary line of the Schertz city limits to a 1/4" iron pin found at a fence corner for the west corner of this tract; THENCE N 60°07'56" E, 1341.02 feet with fence and the northwest line of this tract to a 1/4" iron pin found at fence corner for the north corner of this tract; THENCE S 29°55'19" E, 1143.06 to a point for an angle point on the westerly line of the Schertz city limits; THENCE S 59°45'00" W, 1340.00 feet crossing the said 58.264 acre tract, a line parallel to and 900.00 feet from the center line of Interstate Highway 35 also being the westerly boundary line of the Schertz city limits to the POINT OF BEGINNING and containing 35.31 acres. ~: ~ , ~< „~oo°o,em.eo°o.oaooo iEGORY S. SAN ,.,..e.eaeaaamo°o...a s.o 4929 5 !f'S'4.IC ~ c~~~ Greg S. Sa Marco, R. P. L. S., # 4929 April 4, 1997 Job # 97039 323 Breesport St. San Antonio, Texas 78216-2602 Phone (210) 349-2651 Fax (210) 349-2653 -5- G~4i~4i97 11:26 AMERICAN TYPEI~JRITEP. ~ 21~ 659 524 ~~" ~ , -~ ~- .• f r''' ` r .~ .J~ ~- ~~ r ~~ ,~,' C "j ! ~ / ~~ L ,~,. - •~~ ~, ~ ~~~ ~. .I'' ~_ `- . ~O~LT~u~ O F ~""O~~T`( N0. ~.;;9 D0~ i/ ~~ ~= Z~ o v t,4pp~,.,c .) .~t~ -• 11a ""% .~ •~ : r~ .~ ~ -~ ~ { ~' ~i CSC ~ I ~ ' ~pt,~ PL r duN f t~ 1 * `' ~~vN 1~~ i ~ ~~ t 1 d~°~ i ~ ~T1 Z~ ti~y (:; ~,~~ ,~ L S~ ' -6- / `~ .~ :1 _ ~~ /.." ~r~ ~ ~a-aie ~, ~c y~~~ ~~' M'