Loading...
2010R45-Relating to Annexation-IH-35 North/South 1442.27 acres RESOLUTION NO. 10-R-45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RELATING TO THE ANNEXATION OF APPROXIMATELY 1442.27± ACRES LOCATED NORTH AND SOUTH OF INTERSTATE 35, FROM THE CURRENT CORPORATE BOUNDARY OF THE CITY EAST TO THE OUTER BOUNDARY OF THE CITY'S EXTRATERRITORIAL JURISDICTION, ALL IN GUADALUPE COUNTY, TEXAS OR COMAL COUNTY, TEXAS, AS DESCRIBED HEREIN; AUTHORIZING AND DIRECTING THE HOLDING OF PUBLIC HEARINGS FOR THE PROPOSED ANNEXATION, THE PUBLICATION OF NOTICE OF THOSE PUBLIC HEARINGS, PREPARATION BY THE PLANNING DEPARTMENT OF A SERVICE PLAN, GIVING OF A WRITTEN NOTICE OF INTENT TO ANNEX, GIVING OF WRITTEN NOTICE OF THE AVAILABILITY OF A DEVELOPMENT AGREEMENT, THE SUBMISSION OF PRECLEARANCE MATERIALS TO THE DEPARTMENT OF JUSTICE, AND RELATED MATTERS WHEREAS, the City Council of the City of Schertz (the "City") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Land"); and WHEREAS, the Land is located entirely within the extraterritorial jurisdiction of the City and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act"), including Section 43.052(h)(1) of the Act; and WHEREAS, the City Council of the City finds that (i) the Land is suitable for municipal purposes and (ii) it is in the best interest of the City and the citizens and inhabitants thereof that the Land be annexed to and made a part of the City; and WHEREAS, the City desires to complete the annexation requirements of the Land in accordance with the timeline attached as Exhibit B (the "Annexation Timeline"); and WHEREAS, the City Council of the City hereby finds that it is in the best interest of the City and the citizens thereof that the City complete the pre-annexation requirements as described herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City hereby authorizes and directs the Planning Department to immediately commence preparation of a service plan for the provision of full municipal services (including water and wastewater services) to the Land in accordance with Section 43.056 of the Act. SECTION 2. The Planning Department is hereby directed to provide all notices required by the Act to each property owner owning property in the Land, each public and private entity 50329073.2 which provides services to the Land, and each railroad company, if any, that owns aright-of--way in the Land. Such notices shall be in substantially the form of Exhibit C attached hereto and made a part hereof and shall be given within the time limits required by the Act. SECTION 3. The Planning Department is hereby directed to provide all notices required by the Act to each school district located in whole or in part in the Land. Such notices shall be in substantially the form of Exhibit D attached hereto and made a part hereof and shall be given within the time limits required by the Act. SECTION 4. The City hereby authorizes and directs that two public hearings for annexation of the Land be conducted in accordance with the Act and within the time periods required by the Act and that notice of the public hearings be published, all in accordance with the Annexation Timeline. Such notices shall be in substantially the form of Exhibit E attached hereto and made a part hereof. The date, time, and location of the second public hearing maybe modified at the City Manager's discretion in accordance with the requirements of the Act. SECTION 5. The City Attorney is hereby directed to send letter to each property owner regarding the availability of a development agreement for certain property appraised as agricultural, wildlife management, or timber use. SECTION 6. The City Attorney is hereby directed to make all necessary filings under the Federal Voting Rights Act incident to the proposed annexation of the Land. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 8. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. The remainder of this page intentionally left blank.) 50329073.2 2 PASSED AND ADOPTED, this 10th day of August, 2010. CITY OF SC RTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50329073.2 S-1 EXHIBIT A PROPERTY TO BE ANNEXED s ~ wry l ~k s,•. . C z ~ t tiN V F~ ~ ~.,.>,_...Mw~. 1;~4?.27~AC ~~f~ ~ is , ~ l~ ~n ~ Fr / ~ a ~ , R^ ~z t~~.a 4 ~ . l~ ' ~-r ~ _2j_ ~ t ~i _,i Cd38 w > ~ ~ \ I F ~ ~ ~ti; _ cF;~ r C~~ tiy~S ~ I ~,~~to t 4 ) t.?:~ k:4 ti ~ f`~ ~ 21s~o t ~~=9= - i. - ~ , . t. , ~ 3~ ! _.~-i -'o-'u f e t } fi x,q 8;5'^_ ' ~ Y T +5-^' . ' , ~ t t" N ity of chertz ~~~~~x~x~©~, Proposal E~H I BIT ~ ~~t~~Ha~~. E15 ~.~j :s7. .{r . R.~I ES 50329073.2 A-1 EXHIBIT B ANNEXATION TIMELINE August 10, 2010 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the Planning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; (4) publication of notices of hearings for the annexation; and (5) the delivery of letters to owners regarding possible development agreements August 11, 2010 Planning Department begins preparation of proposed service plan for Annexation Area August 19, 2010 City Secretary sends notices of public hearings to Commercial Recorder August 27, 2010 Planning Department gives written notice of the City's intent to annex to property owners in the area, public and private entities providing services to the area, and each railroad company that serves the City if the railroad company's right-of--way is in the area proposed for annexation' City Attorney sends letters regarding development agreements to owners in the area September 16, 2010 Planning Department finalizes service plan for area proposed for annexation Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation Publish notice of both public hearings in newspaper; post notice of both public hearings on City's Internet website (Note: Notice on website must remain posted through hearing date.)2 September 28, 2010 First public hearing at City Council meeting October 5, 2010 Second public hearing at City Council meeting (location maybe required to change3) October 7, 2010 City Attorney receives responses to letters regarding development agreements October 26, 2010 First City Council consideration of annexation ordinance4 November 2, 2010 Second City Council consideration of annexation ordinance; annexation is final City Attorney completes and records development agreements November 3, 2010 Provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk's office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice ' Must be at least 30 days before the date of the first hearing. z Notice for each hearing must be published 10 to 20 days before the date of each hearing. 3 Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. a Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. 50329073.2 B-1 EXHIBIT C NOTICE OF INTENT TO ANNEX PLEASE TAKE NOTICE that the City Council of the City of Schertz (the "City") intends to annex the following property: Approximately 1442.27± acres located north and south of Interstate 35, from the current corporate boundary of the City east to the outer boundary of the City's extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal County, Texas, as shown on the attached map. Questions concerning the proposed annexation should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas 50329073.2 C-1 i Al J , t 1\~r ; n _ r8.lj _ t ~ ~ ys+ - - - r r-_ - 9 ,~T~.27 AC - ~ ~ ~ ~ _ - iRp ~ ,r > r, / / e: r y _,-1- - - ~~i - 5_0~` r' rr r r. a Y.^ r'~ i ` ~:i { t -x~''~ •,r• r r ~ / ~ r~< ao j~ ,r ~ 8ta ? .K ~ ~ v ~u~e~, ~ ~ i S r ~ f X r ~ '~qr N - ~it~ cif ~~hertz ~ , E~ H I B I T 3 At~noxat~or~ Proposal _ xdiies 50329073.2 C-2 EXHIBIT D [City of Schertz letterhead] September 16, 2010 Re: Notice of Intent to Annex (approximately 1442.27± Acre Tract) Superintendent Independent School District Please take notice that the City Council of the City of Schertz (the "City") intends to annex the following property, a portion of which is within your District: Approximately 1442.27± acres located north and south of Interstate 35, from the current corporate boundary of the City east to the outer boundary of the City's extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal County, Texas, as shown on the attached map. The City is unaware of any financial impact on your District resulting from the proposed annexation, including any changes in utility costs. Please address any questions you have concerning the proposed annexation to my attention. Very truly yours, Don E. Taylor City Manager, City of Schertz 50329073.2 D-1 i ~ ~1 ~ S L i 01 ~ l f`. Q~ ~ ` ~ / _r _ ~ sir - -.w d ~ 27 A~ g ; ~ - ~ , /y j'" ~k _ x1 _~IJ,. 4 i~ . r F~,_ ~ _ } r - oL7 'a ~ '1 - } ' , Qqa~- ~.r ~~~1P q.-,... ~ ~ - ~ ~~er "i e 3. i r i~ ~ o F.; ~y I .r'~ ` ~ ~ . ~ , s ,r `'S i=,_ 1 ~ ~ r ~ 7" ~ r P / ~ ~ t ~ k~l~' j\Sl d ~S ~ . pity of ~~he~-tz `I~~~ Annexation Proposal E~H I BI T ~ -J ~.'f~5 4.35 t~.5 v.75 a 1.c5 _ - ~ D.dit&~ 50329073.2 D-2 EXHIBIT E NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act"), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the "City") will hold a public hearing on September 28, 2010 at 6:30 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the "Land"): Approximately 1442.27± acres located north and south of Interstate 35, from the current corporate boundary of the City east to the outer boundary of the City's extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal County, Texas, as shown on the map on file with the City Secretary. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas 50329073.2 E-1 NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act"), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the "City") will hold a public hearing on October 5, 2010 at 6:30 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the "Land"): Approximately 1442.27± acres located north and south of Interstate 35, from the current corporate boundary of the City east to the outer boundary of the City's extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal County, Texas, as shown on the map on file with the City Secretary. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas 50329073.2 E-2 EXIIIBIT B ANNEXATION TIMELINE August 10, 2010 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the Planning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; (4) publication of notices of hearings for the annexation; and (5) the delivery of letters to owners regarding possible development agreements August 11, 2010 Planning Department begins preparation of proposed service plan for Annexation Area P u~ust 19. ~Q1~ 'Marv sen~~~iE . ~ ~ ~s to Co}nmercinl RecoYC7er• u~ust 27. 2010 Planning Department gives written notice of the City's intent to annex to property owners in the area, public and private entities providing services to the area, and each railroad company that serves the City if the railroad company's right-of--way is in the area proposed for annexation' City Attorney sends letters regarding development agreements to owners in the area ~4'ci'Sl3&t--1 ~ ~ ~:~t S~'CrL~I1t~S-iC-."r~ ~'i=d13Lu~r1'Fi'~.~~-t~?-~ fl}i21~tt'3'EIE7~L'G'~'}'i}G?l~ September ~1~ 2010 Planning Department finalizes service plan for area proposed for annexation Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation Publish notice of both public hearings in newspaper; post notice of both public hearings on City's Internet website (Note: Notice on website must remain posted through hearing date.)2 September ~2~ 2010 First public hearing at City Council meeting . ~i~ber--October 5. .Second public hearing at City Council meeting (location may be required to change3) 2010 S~tember-October 7. City Attorney receives responses to letters regarding development agreements 2010 October -1.3;?~ 2010 First City Council consideration of annexation ordinance4 &~t~l~er-z`~November 2. Second City Council consideration of annexation ordinance; annexation is final 2010 City attorney completes and records development agreements ~c~t®ber-~'~November 3. Provide notice of annexation to the Texas Secretary of State and Texas Comptroller 2010 of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk's office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice ' Must be at least 30 days before the date of the first hearing. 2 Notice for each hearing must be published 10 to 20 days before the date of each hearing. s Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. a Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. 50327705.2 B- 1