11-A-03 - AnnexationORDINANCE NO. 11-A-03
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ PROVIDING FOR THE EXTENSION OF THE BOUNDARY
LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF
APPROXIMATELY 2.6t ACRES LOCATED EAST OF ECI~IIARDT
ROAD AND APPROXIMATELY ONE TENTH OF A MILE SOUTH OF
BIG JOHN LANE, ALL IN GUADALUPE COUNTY, TEXAS, AS
DESCRIBED HEREIN; 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
"Annexed Land"); and
WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction
of the City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous,
pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be
annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act");
and
WHEREAS, the City has complied with all requirements of the Act relating to
annexation of the Annexed Land including preparation of an Annexation Service Plan attached
hereto as Exhibit B; and
WHEREAS, the City Council of the City finds that (i) the Annexed 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 Annexed Land be annexed to and made a part of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
SECTION 1. The City hereby annexes the Annexed Land described in Exhibit A and
approves the Annexation Service Plan attached hereto as Exhibit B.
SECTION 2. The Annexed Land shall be included within the City's corporate limits,
effective on the effective date of this Ordinance, and all taxable property in the Annexed Land
shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable
exemptions.
SECTION 3. The inhabitants of the Annexed Land shall be entitled to all of the rights
and privileges of all the citizens of the City and shall be bound by the acts, ordinances,
resolutions, and regulations of the City.
SECTION 4. This Ordinance shall be in force and effect from and after its final passage.
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50405179.2
PASSED AND APPROVED on first reading the 15th day of February, 2011.
PASSED AND FINALLY APPROVED on second And final reading the 22"a day of
February, 2011. ~~ ^
ATTEST:
1 Cry
City Secretary
[CITY SEAL]
50905179.2 .S'-1
Exhibit A
Metes and Bounds Description
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EXHIBIT A
PROPERTY TO Bi; ANNI;XI•;D
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EXffiBIT B
ANNEXATION SERVICE PLAN
See attached
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CITY OF SCHERTZ, TEXAS
ANNEXATION SERVICE PLAN
AREA ANNEXED
Approximately 2.6± acres located 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.
See Exhibit A, "Metes and Bounds Description", attached hereto for a complete description of
the property.
INTRODUCTION
This service plan has been prepared in accordance with Local Government Code Section
43.056. Municipal facilities and services to the annexed area described above will be provided
or made available on behalf of the City at the following levels and in accordance with the
following schedule.
POLICE PROTECTION
Patrolling, responses to calls, and other police services will be provided on the effective date of
the annexation at the same level as provided throughout the City.
FIRE PROTECTION AND FIRE PREVENTION
Fire protection and fire prevention services will be provided on the effective date of the
annexation at the same level as provided throughout the City.
EMERGENCY MEDICAL SERVICES
Emergency medical services will be provided on the effective date of the annexation on the
same basis and at the same level as provided throughout the City.
SOLID WASTE COLLECTION AND DISPOSAL
Solid waste collection and disposal services will be provided on the effective date of the
annexation on the same basis and at the same level as provided throughout the City. However,
no obligation exists for the City to provide solid waste collection services to a person who
continues to use the services of a privately owned solid waste management service provider.
OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT
ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER
UTILITY
Operation and maintenance of water and wastewater facilities that are not within the service
area of another water or wastewater utility will be provided on the effective date of the
annexation on the same basis and at the same level as provided throughout the City.
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OPERATION AND MAINTENANCE OF ROADS AND STREETS
Operation and maintenance of roads and streets will be provided on the effective date of the
annexation on the same basis and at the same level as provided throughout the City.
STREET LIGHTING
Street lighting will be made available on the effective date of the annexation on the same basis
and at the same level in comparable areas as provided throughout the City.
OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED
FACILITIES
If any public park, playground, swimming pool, or any other publicly owned facility, building or
service is located within the annexed area, it will be maintained on the effective date of the
annexation on the same basis and at the same level as similar facilities are maintained
throughout the City.
OTHER SERVICES
Other services that may be provided by the City such as planning, code enforcement, animal
control, library, park and recreation, court, and general administration will be made available on
the effective date of the annexation on the same basis and at the same level as provided
throughout the City.
CAPITAL IMPROVEMENTS
The City will make available to the annexed area any necessary water, sewer, street, and
drainage facilities within four and one-half (4-1/2) years of the effective date of the annexation
unless the construction of the necessary facilities is interrupted by circumstances beyond the
control of the city, or unless this period is extended by an arbitration decision. No impact fees
will be charged to any developer or landowner within the annexed area except in conformity with
Local Government Code Ch. 395. Construction of other capital improvements shall be
considered by the City in the future as the needs dictate on the same basis as such capital
improvements are considered throughout the City.
UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full municipal services in
any if the above service categories to each area of the City, including the annexed area, if
different characteristics of topography, land use, and population density are considered a
sufficient basis for providing different levels of service.
TERM
This service plan shall be valid for a term of ten (10) years.
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Local
Government Code Section 43.0561.
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