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10-A-33 Annexation of 319 acres north and south along IH 35ORDINANCE NO. 10 -A -33 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. [The remainder of this page intentionally left blank.] 50355624.1 PASSED AND APPROVED on first reading the 2'd day of November, 2010. PASSED AND FINALLY APPROVED on second a final reading the 91h day of November, 2010. Mayor ATTEST: Crty Secretary [CITY SEAL] 50355624.1 S -1 EXHIBIT A PROPERTY TO BE ANNEXED The property described in green shading on the attached map. New Map To Come 50355624.1 A -1 EXHIBIT B ANNEXATION SERVICE PLAN See attached 50355624.1 B -1 CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN Approximately 319± 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. 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. 50355624.1 B -2 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. 50355624.1 B-3 /'N POGO CpU i IA Z, 1 Property Status Acreage Units Annexation 320 14 Development Agreement 863 19 Total 1183 33 \> M1� 1a x g U�0 '` \ lg9 F' 78906`' µ j, • soyyy� �- :U +`yp c \ \ ✓, 78190 \ % i" `��..78,4182T rn s•` y c1p i ,7754%18FXl�w�l ®'7�5449 , // 6 Y j •' \ 3i '\ 6 32 �`� 61511 t 61500 'Y il 61514 61512 /a% -tiT i N City of Schertz w -Z Q %E �' "` Annexation Proposal Annexation 01,9 Development Agreement s Last Update: November 3, 2010 C GIs morenaro� ranr rd��u4 amclx�spsu,�nz.�em I� +ol sis-n ea 0 0.125 0.25 0.5 0.75 1 1.25 Miles O y o \ O �• \ �O O COMAL COUNTYO 9 vzz, t O A`( A �y f"+ 4 ry SCHERTZ CITY LIMITS GUA�fDALUPE, - L F2 � \ as FM �� yG N V \ \ 2 'sue O _v \ , % 0a 0\- � O e O�` �1 W �O 1 �9 \ O OZ PO RIP SANTA rycZ City of Schertz Ordinance W E 319 ± acres north and south of IH 35 along the city's north 1 O_A_33 s Last Update: November 2, 2010 east boundary City of Schertr, GIS coordinator: Tony McFalls, amcfalls@schertr.com (210) 619 -1164 ciyor 0 500 1,000 2,000 3,000 4,000 5,000 Feet FULBRIGHT & aworskz L.L.P Attorneys at Iglu January 4, 2011 Michael L. Spain Partner 300 Convent Street, Suite 2100 - San Antonio, Texas 78205 -3792 mspain@fulbright.com • Direct: 210 270 7184 - Main: 210 224 5575 - Facsimile. 210 270 7205 VIA FEDERAL EXPRESS Mr. Chris Herren Chief, Voting Section, Civil Rights Division United States Department of Justice Room 7254 - NWB 1800 G Street N.W. Washington, DC 2006 Re: Submission for preclearance relating to annexation of land undertaken by action on November 9, 2010 by the City of Schertz, Texas Dear Mr. Herren: On behalf of our client, the City of Schertz, Texas (the "Submitting Party "), we make the following submission under Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973c, and in accordance with the provisions of 28 C.P.R. § 51 et seq., for preclearance of the boundary changes described below as a change affecting voting. Background The Submitting Party is a home -rule municipality organized pursuant to Article Xl, Section 5 of the Constitution of the State of Texas. The Submitting Party operates pursuant to its Home Rule Charter and general law. The Submitting Party is governed by a mayor and five councilmembers elected by the qualified voters within the Submitting Party on the uniform election date of each May in each calendar year for two -year staggered terms. The mayor and all councilmembers are elected at large. The Submitting Party may also call bond elections to authorize the issuance of ad valorem tax supported bonds, to amend the Submitting Party's Home Rule Charter, and for certain other purposes. This submission is being made to obtain preclearance for two annexations of property into the City. All prior annexations have been precleared by your office. 50380790.1 AUSTIN - BEIJING • DALLAS . DENVER • DUBAI . HONG KONG. HOUSTON . LONDON • LOS ANGELES MINNEAPOLIS • MUNICH • NEW YORK • RIYADH - SAN ANTONIO • ST. LOUIS • WASHINGTON DC www fulbright.com Mr. Chris Herren January 4, 2011 Page 2 We hereby submit, on behalf of the Submitting Party, the following information (paragraphed to correspond with the requirements described in 28 C.F.R. §§ 51.27 -28) with respect to changes affecting voting implemented by the Submitting Party on November 9, 2010: Required Contents (a) A copy of the ordinances (the "Ordinances ") adopted on November 9, 2010 embodying the changes affecting voting are attached hereto as Exhibit A. (b) The voting practice prior to the adoption of the Ordinances described above has not been repealed, amended, or otherwise changed. (c) The Ordinances extend the boundaries of the Submitting Party to include an additional approximately 381 acres of land (the "Annexed Area "). The property owners of several parcels located in the vicinity of the Annexed Area were eligible for, and accepted, statutory development agreements with the Submitting Party in lieu of annexation. Those development agreements excepted those parcels from the Submitting Party's November 9 annexations and resulted in odd boundary lines, as can be seen on Exhibit B. The City estimates that 441 eligible voters reside in the Annexed Area. (d) This submission is being made by Michael L. Spain, Fulbright & Jaworski L.L.P., 300 Convent Street, Suite 2100, San Antonio, Texas 78205 (210/270 - 7184), as legal counsel to the Submitting Party. (e) The name of the Submitting Party is the City of Schertz, Texas. The Submitting Party is responsible for the change. (f) The Submitting Party is located in the Counties of Guadalupe, Bexar, and Comal, Texas. A portion of the Annexed Area is located in Comal County, Texas, a portion of the Annexed Area is located in Guadalupe County, Texas, and the remainder of the Annexed Area is located in Bexar County, Texas. (g) The City Council (the "Council ") of the Submitting Party is responsible for making the change and has effected the change by adopting the Ordinances. (h) The Submitting Party undertakes to make the change affecting voting pursuant to Section 1.02(b) of its Home Rule Charter and Chapter 43, Texas Local Government Code, as amended, which governs municipal annexation. In deciding to annex the area described in the Ordinance, the Submitting Party was required to (i) conduct two public hearings for which notice 1 This estimate was calculated by multiplying the total number of annexed parcels (15 parcels) by 2.89 persons per household, which number was obtained from official U.S. Census data as of 2008 as the average City household size. The above estimate assumes that all estimated residents are eligible voters. The Submitting Party believes that some of the 15 parcels are agricultural or commercial parcels, which should result in reducing the above estimate of eligible voters. 50380790.1 Mr. Chris Herren January 4, 2011 Page 3 must be, and was, properly given and at which people interested in the annexation must be, and were, given the opportunity to be heard; and (ii) direct the appropriate individuals to propose and present a service plan that provides for the extension of municipal services to the Annexed Area and to make such service plan available for discussion at the two public hearings. Such service plan was prepared and available when required. Pursuant to Section 551.043, Texas Government Code, as amended, notices of the meetings of the Council at which the Ordinances were considered are required to be, and were, posted at a place convenient to the public within the Submitting Party and within the administrative office of the Submitting Party at least 72 hours prior to each of the meetings. (i) The date of adoption of the proposed changes affecting voting was November 9, 2010. (j} The annexations became effective on November 9, 2010 and the changes affecting voting took effect on such date. (k) The annexations are complete. No election has been conducted in the Annexed Areas. As noted above, the City estimates that 44 eligible voters reside in the Annexed Area. (1) See paragraph (c) above. The change will affect the entire jurisdiction of the Submitting Party. (m) The Submitting Party has undertaken the annexations in order to provide municipal services to the Annexed Area. (n) The Submitting Party anticipates no effect from the change on members of racial or language minority groups. (o) No past or pending litigation exists concerning the change or related voting practices. (p) The prior practice for conducting elections within the Submitting Party has been most recently precleared by a letter dated September 27, 2010. The procedure for the adoption of the change is established by state statute, and submissions for preclearance of such procedure as well as practices required by state statute are, pursuant to 28 C.F.R. § 51.23, the responsibility of the State of Texas. (q) See Supplemental Contents below. Supplemental Contents (a) As noted above, the City estimates that 44 eligible voters reside in the Annexed Area. The Submitting Party estimates that prior to the annexation approximately 31,893 persons resided within the Submitting Party. The Submitting Party estimates that after the annexation 50380790.1 Mr. Chris Herren January 4, 2011 Page 4 approximately 31,937 persons currently reside within the Submitting Party. (Based on the 2000 Census , the total population of the Submitting Parry was 18,694, the voting age population was 13,211.) Based on the 2000 Censusz, the Submitting Party estimates that prior to and after the annexation, approximately 82.0% of persons residing in the jurisdiction of the Submitting Party are White, 6.6% Black, 0.5% American Indian and Alaska Native, 1.8% Asian, 0.2% Native Hawaiian and Other Pacific Islanders, and 5.5% Other. Of all such persons, approximately 19.5% are of Hispanic origin. (b) The boundary map (in duplicate) of the Submitting Party indicating the boundaries of the Submitting Party before and after the annexations is attached as Exhibit B. The Submitting Party comprises one election precinct for purposes of its elections. The property owners of several parcels located in the vicinity of the Annexed Area were eligible for, and accepted, statutory development agreements with the Submitting Party. Those development agreements excepted those parcels from the Submitting Party's November 9 annexations and resulted in odd boundary lines, as can be seen on Exhibit B. (c) All prior annexations subject to the preclearance requirement have been submitted for review. The estimation of current population herein was provided by the Council by Resolution dated July 24, 2007 (as adjusted by the estimate described in footnote 1 above). Such 2007 approximation was made based upon a careful review by the City Staff of the Submitting Party of population estimates, forecasts, counts, and analysis from the U.S. Bureau of Census, County Records from Guadalupe County, Bexar County, and Comal County, water utility connection information from all certificated water or waste water service providers serving areas within the corporate limits of the Submitting Party, electric utility service connection information for customers within the corporate limits of the Submitting Party, domestic natural gas service connections for customers located within the corporate limits of the Submitting Party, information on school population for areas located within the corporate limits of the Submitting Party, new building permit issuance records of the Submitting Party from 2004 through July 24, 2007, certificate of occupancy issuance records of the Submitting Party from 2004 through July 24, 2007, and annexation records of the Submitting Party from 2004 through July 24, 2007, together with certain other available records which might assist the City Staff in determining the number of inhabitants of the Submitting Party. All approximations of land area herein and of the numbers of eligible voters who reside in the Annexed Area were provided to us by John Bierschwale and David Harris, Assistant City Managers of the Submitting Party. Such approximations were made based upon information provided by the Submitting Party's engineer and Director of Development Services. If there is any further information that might expedite clearance for the change described above, please contact me at 210/270 -7184 so that we may respond accordingly. 2 2010 Census results have not yet been published for the City. 50380790.1 i Mr. Chris Herren January 4, 2011 Page 5 Respectfully submitted, CITY OF SCIjERTZ, TEXAS Fulbright & Jaworski L. By: Michael L. Spat Counsel fN- Legal e City Address: Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Phone Number: 210/270 -7184 MLS /mjw Attachments cc: Don Taylor, City Manager, City of Schertz John Bierschwale, Assistant City Manager, City of Schertz David Harris, Assistant City Manager, City of Schertz Michelle Sanchez, Director or Development Services, City of Schertz Brenda Dennis, City Secretary, City of Schertz 50380790.1 FULBRIGHT T-itawors ki L.L. ' Attorneys at Law 300 Convent Street, Suite 2100 • San Antonio, 'texas 78205 -3792 jfrench@fulbright.com • Direct: 210 270 7136 • Main: 210 224 5575 • Facsimile: 210 270 7205 January 12, 2011 BY CERTIFIED MAIL Texas Secretary of State P.O. Box 12887 Austin, Texas 78711 -2887 Re: City of Schertz Annexation of Property Dear Sir or Madam: The City of Schertz hereby notifies your office of two recent annexations the City completed on November 9, 2010, so that you may correctly certify the legal validity of the annexations to the United States Department of Census. Certified copies of the two ordinances finalizing the annexations are enclosed. Maps detailing the added territory are attached as Exhibit A to each ordinance. The annexations are not the subject of litigation. If you have any questions regarding these annexations, please do not hesitate to contact me. Very truly yours, Jaime French JSF Enclosures cc: Brenda Dennis, City Secretary, City of Schertz 50382486.1 AUSTIN. BEIJING -DALLAS. DENVER. DUBAI. HONG KONG . HOUSTON. LONDON. LOS ANGELES MINNEAPOLIS -MUNICH. NEW YORK . RIYADH -SAN ANTONIO -ST. LOUIS -WASHINGTON DC www.fulbright.com I, the undersigned am the City Secretary of the City of Schertz. I am a custodian of records for the City. In this capacity, I have personal knowledge of the accuracy of the matters stated herein. Attached to this affidavit are true and correct copies of selected documents maintained in the office of City Secretary of the City of Schertz that relate to Ordinance 10 -A -33. Date Acknowledged on this I Oth day of January 2010. Notary State of Texas Brenda Dennis, ' City Secretary — City of Schertz SARAkt,E -��s�+ wwtirow& S^'5�.�.'i:YU':r� "•. _ �,'- ' . 'v:�Y�vc�eGL'��±+'G'CY.� C-2 Ga Cj M C.. I 1 t] - rs 0 Ln .. ORDINANCE NO. 10 -A -33 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 43.435(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. [The remainder of this page intentionally left blank.] 50355624.1 PASSED AND APPROVED on first reading the 2�d day of November, 2010. PASSED AND FINALLY APPROVED on second final reading the 9th day of November, 2010. r- Mayor ATTEST: GeL 50355624. L S -1 50355624.1 EXHIBIT A PROPERTY TO BE ANNEXED The property described in green shading on the attached map. New Map To Come A-1 50355624.1 B -1 CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED Approximately 319± 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 Coma[ County, Texas, as shown on the map on file with the City Secretary. 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. ATER AND W UTILITY OR...WASTEWATER . 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_ 50355624.1 B-2 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- sewaces- that- ma -y -be- provided- by- the-City -such -as_ planning, -code enforcement, aoirn-aL 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 (4112) 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- 50355624.1 B'3 Affidavit of Custodian of Records for the City of Schertz I, the undersigned am the City Secretary of the City of Schertz. I am a custodian of records for the City. In this capacity, I have personal knowledge of the accuracy of the matters stated herein. Attached to this affidavit are true and correct copies of selected documents maintained in the office of City Secretary of the City of Schertz that relate to Ordinance' 10 -A -33. -ko -29� k N Acknowledged on this l Oth day of January 2010. Notary State of Texas Benda Dennis, TRMC, -MMC City Secretary — City of Schertz aaaaaaasaa��a��aaaa�asaaa� .aa�aa Y SARAH E. GONZ.ALEZ Notary Public * State of Texas Comm. Exp.10 -31 -2012 � ra r� ORDINANCE NO. 10 -A -33 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 319f ACRES OF LAND NORTH AND SOUTH OF INTERSTATE 35 ALONG THE CITY'S NORTHEASTERN BOUNDARY, ALL IN COMAL OR GUADALUPE COUNTY, TEXAS; 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 witlun.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 "); 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. [The remainder of this page intentionally left blank.] .. 50355624.1 PASSED AND APPROVED on first reading the 2d day of November, 2010. PASSED AND FINALLY APPROVED on second a,,4 final reading the 9fl' day of November, 2010. ATTEST: ;.SEA-L Mayor r— 50355624.1 S-1 EXHIBIT The property described in green shading on the attached map. New Map To Come 50355624.1 A -1 EXHIBIT !, VMTKY-6j:UAL$JERY—YCYlP--Lj See attached. 50355624.1 $ -1 CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED Approximately 319± 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. This service plan has been prepared in accordance with Local Government Code Section 443.056. 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. 50355624.1 B -2 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 -- - - - - -- — - -Ot her -- services that- may be provided--by--the .- City _such -.as -- planning,__ code _enforcement,__anima_l.__ 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 --reg wire- 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. - 50355624.1 B -3 Affidavit of Custodian of Records for the City of Schertz I, the undersigned am the City Secretary of the City of Schertz. I am a custodian of records for the City. In this capacity, I have personal knowledge of the accuracy of the matters stated herein. Attached to this affidavit.are true and correct copies of selected documents maintained in the office of City Secretary of the City of Schertithat relate to Ordinance' IO -A -33. .... ... ..... .._.................._. Acknowledged on this 1 Oth day of January 2010. Notary State of Texas s. TRMC. -A4MC _r�;�d�enn City Secretary — City of Schertz a�aaoss�a�aa�n��� ,�,a�,aaaaasa�aaxa��,� SARAH E. GONZALEZ Notary Pub9c State of Texas L Comm. EXP. 10-31-2019 ps i5Y.WgMrGremcd ardVvreeSAm4MgSj5vcdVU47 r.a j n acr. -- - SM �� < .S- M Ca�v Affidavit of Custodian of Records for the City of Schertz I, the undersigned am the City Secretary of the City of Schertz. I am a custodian of records for the City. In this capacity, i have personal knowledge of the accuracy of the matters stated herein. Attached to this affidavit are true and correct copies of selected documents maintained in the office of City Secretary of the City of Schertz that relate to Ordinance 10 -A -33. Date Acknowledged on this 10th day of January 2010. 6"�A �' Notary State of Texas 0 City Secretary — City of Schertz a�aaaa��aa�� .:. - .aa.,aaaa�aay SARAH tew A2 M p O � 0 b .. M W C-) Q o CA ..%r7 F171471►/\►`[Nm Yew[I�EeId 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 319± ACRES OF LAND NORTH AND SOUTH OF INTERSTATE 35 ALONG THE CITY'S NORTHEASTERN BOUNDARY, ALL IN COMAL OR GUADALUPE COUNTY, TEXAS; 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. [The remainder of this page intentionally left blank.] 50355624.1 PASSED AND APPROVED on first reading the 2nd day of November, 2010. PASSED AND FINALLY APPROVED on second final reading the 9d' day of November, 2010. r- ATTEST: Clty Secretary [CITY SEAL] 50355624.1 S-1 PROPERTY TO BE ANNEXED The property described in green shading on the attached map. New Map To Come 50355624.1 A-1 ANNEXATION SERVICE PLAN See attached 50355624.1 B -1 ANNEXATION SERVICE PLAN � Approximately 319± 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. 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. 50355624.1 B-2 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. 50355624.1 B-3 895 Property Status Acreage Units Annexation 320 14 Development Agreement 863 19 Total 1183 33 \ I/ A, 7 906 ,71233 cp 78190 78218 #219 '78220 ,P 75446 NWAA -0 J, N City of Schertz 1\41 Annexation Annexation Proposal Development Agreement Last Update: November 3, 2010 City W S h,a, GiS=ordn;Wr. Tm,MF,11,.,,dans@s h,ft.=,(210)61311M 0 0.125 0.25 0.5 0.75 1 1.25 Miles F LB RIGHT &jaworshi L.L.1'. Attorneys at Zam January 4, 2011 Michael L. Spain. Partner 300 Convent Street, Suite 2100 a San Antonio, Texas 78205 -3792 mspain@,(ulbright.com • Direct: 210 270 7184 • Main: 210 224 5575 . Facsimile: 210 270 7205 Mr. Chris Herren Chief, Voting Section, Civil Rights Division United States Department of Justice Room 7254 - NWB 1800 G Street N.W. Washington, DC 2006 Re: Submission for preclearance relating to annexation of land undertaken by action on November 9, 2010 by the City of Schertz, Texas Dear Mr. Herren: On behalf of our client, the City of Schertz, Texas (the "Submitting Party "), we make the following submission under Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973c, and in accordance with the provisions of 28 C.F.R. § 51 et seq., for preclearance of the boundary changes described below as a change affecting voting. Background The Submitting Party is a home -rule municipality organized pursuant to Article XI, Section 5 of the Constitution of the State of Texas. The Submitting Party operates pursuant to its Home Rule Charter and general law. The Submitting Party is governed by a mayor and five councilmembers elected by the qualified voters within the Submitting Party on the uniform election date of each May in each calendar year for two -year staggered terms. The mayor and all councilmembers are elected at large: The Submitting Party may also call bond elections to authorize the issuance of ad valorem tax supported bonds, to amend the Submitting Party's Home Rule Charter, and for certain other purposes. This submission is being made to obtain preclearance for two annexations of property into the City. All prior annexations have been precleared by your office. 50380790.1 AUSTIN • BEIJING - DALLAS . DENVER. DUBAI+ HONG KONG. HOUSTON - LONDON. LOS ANGELES MINNEAPOLIS • MUNICH • NEW YORK • RIYADH • SAN ANTONIO • ST. LOUIS • WASHINGTON DO www fulbright. com Mr. Chris Herren January 4, 2011 Page 2 We hereby submit, on behalf of the Submitting Party, the following information (paragraphed to correspond with the requirements described in 28 C.F.R. §§ 51.27 -28) with respect to changes affecting voting implemented by the Submitting Party on November 9, 2010: Required Contents (a) A copy of the ordinances (the "Ordinances ") adopted on November 9, 2010 embodying the changes .affecting voting are attached hereto as Exhibit A. (b) The voting practice prior to the adoption of the Ordinances described above has not been repealed, amended, or otherwise changed. (c) The Ordinances extend the boundaries of the Submitting Party to include an additional approximately 381 acres of land (the "Annexed Area "). The property owners of several parcels located in the vicinity of the Annexed Area were eligible for, and accepted, statutory development agreements with the Submitting Party in lieu of annexation. Those development agreements excepted those parcels from the Submitting Party's November 9 annexations and resulted in odd boundary lines, as can be seen on Exhibit B. The City estimates that 441 eligible voters reside in the Annexed Area. (d) This submission is being made by Michael L. Spain, Fulbright & Jaworski L.L.P., 300 Convent Street, Suite 2100, San Antonio, Texas 78205 (2101270- 7184), as legal counsel to the Submitting Party. (e) The name of the Submitting Party is the City of Schertz, Texas. The Submitting Party is responsible for the change. (f) The Submitting Party is located in the Counties of Guadalupe, Bexar, and Comal, Texas. A portion of the Annexed Area is located in Corral County, 'Texas, a portion of the Annexed Area is located in Guadalupe County, Texas, and the remainder of the Annexed Area is located in Bexar County, Texas. (g) The City Council (the "Council ") of the Submitting Party is responsible for making the change and has effected the change by adopting the Ordinances. (h) The Submitting Party undertakes to make the change affecting voting pursuant to Section 1.02(b) of its Home Rule Charter and Chapter 43, Texas Local Government Code, as amended, which governs municipal annexation. In deciding to annex the area described in the Ordinance, the Submitting Party was required to (i) conduct two public hearings for which notice This estimate was calculated by multiplying the total number of annexed parcels (15 parcels) by 2.89 persons per household, which number was obtained from official U.S. Census data as of 2008 as the average City household size. The above estimate assumes that all estimated residents are eligible voters. The Submitting Party believes that some of the 15 parcels are agricultural or commercial parcels, which should result in reducing the above estimate of eligible voters. 50380790.1 Mr. Chris Herren January 4, 2011 Page 3 must be, and was, properly given and at which people interested in the annexation must be, and were, given the opportunity to be heard; and (ii) direct the appropriate individuals to propose and present a service plan that provides for the extension of municipal services to the Annexed Area and to make such service plan available for discussion at the two public hearings. Such service plan was prepared and available when required. Pursuant to Section 551.043, Texas Government Code, as amended, notices of the meetings of the Council at which the Ordinances were considered are required to be, and were, posted at a place convenient to the public within the Submitting Party and within the administrative office of the Submitting Party at least 72 hours prior to each of the meetings. (i) The date of adoption of the proposed changes affecting voting was November 9, 2010. (j) The annexations became effective on November 9, 2010 and the changes affecting voting took effect on such date. (k) The annexations are complete. No election has been conducted in the Annexed Areas. As noted above, the City estimates that 44 eligible voters reside in the Annexed Area. (1) See paragraph (c) above. The change will affect the entire jurisdiction of the Submitting Party. (m) The Submitting Party has undertaken the annexations in order to provide municipal services to the Annexed Area. (n) The Submitting Party anticipates no effect from the change on members of racial or language minority groups. (o) No past or pending litigation exists concerning the change or related voting practices. (p) The prior practice for conducting elections within the Submitting Party has been most recently precleared by a letter dated September 27, 2010. The procedure for the adoption of the change is established by state statute, and submissions for preclearance of such procedure as well as practices required by state statute are, pursuant to 28 C.F.R. § 51.23, the responsibility of the State of Texas. (q) See Supplemental Contents below. Supplemental Contents (a) As noted above, the City estimates that 44 eligible voters reside in the Annexed Area. The Submitting Party estimates that prior to the annexation approximately 31,893 persons resided within the Submitting Party. The Submitting Party estimates that after the annexation 50380790.1 Mr. Chris Herren January 4, 2011 Page 4 approximately 31,937 persons currently reside within the Submitting Party. (Based on the 2000 Census , the total population of the Submitting Party was 18,694, the voting age population was 13,211.) Based on the 2000 Census2, the Submitting Party estimates that prior to and after the annexation, approximately 82.0% of persons residing in the jurisdiction of the Submitting Party are White, 6.6% Black, 0.5% American Indian and Alaska Native, 1.8% Asian, 0.2% Native Hawaiian and Other Pacific Islanders, and 5.5% Other. Of all such persons, approximately 19.5% are of Hispanic origin. (b) The boundary map (in duplicate) of the Submitting Party indicating the boundaries of the Submitting Party before and after the annexations is attached as Exhibit B. The Submitting Party comprises one election precinct for purposes of its elections. The property owners of several parcels located in the vicinity of the Annexed Area were eligible for, and accepted, statutory development agreements with the Submitting Parry. Those development agreements excepted those parcels from the Submitting Party's November 9 annexations and resulted in odd boundary lines, as can be seen.on Exhibit B. (c) All prior annexations subject to the preclearance requirement have been submitted for review. The estimation of current population herein was provided by the Council by Resolution dated July 24, 2007 (as adjusted by the estimate described in footnote 1 above). Such 2007 approximation was made based upon a careful review by the City Staff of the Submitting Party of population estimates, forecasts, counts, and analysis from the U.S. Bureau of Census, County Records from Guadalupe County, Bexar County, and Comal County, water utility connection information from all certificated water or waste water service providers serving areas within the corporate limits of the Submitting Party, electric utility service connection information for customers within the corporate limits of the Submitting Party, domestic natural gas service connections for customers located within the corporate limits of the Submitting Party, information on school population for areas located within the corporate limits of the Submitting Party, new building permit issuance records of the Submitting Party from 2004 through July 24, 2007, certificate of occupancy issuance records of the Submitting Party from 2004 through July 24, 2007, and annexation records of the Submitting Party from 2004 through July 24, 2007, together with certain other available records which might assist the City Staff in determining the number of inhabitants of the Submitting Party. All approximations of land area herein and of the numbers of eligible voters who reside in the Annexed Area were provided to us by John Bierschwale and David Harris, Assistant City Managers of the Submitting Party. Such approximations were made based upon information provided by the Submitting Party's engineer and Director of Development Services. If there is any further information that might expedite clearance for the change described above, please contact me at 210/270 -7184 so that we may respond accordingly. Z 2010 Census results have not yet been published for the City. 50380790.1 Mr. Chris Herren January 4, 2011 Page 5 Respectfully submitted, CITY OF SCHERTZ, TEXAS Fulbnght & Jaworski L. . By: Michael L. Spat Legal Counsel for e City Address: Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Phone Number: 210/270 -7184 MLS /mjw Attachments cc: Don Taylor, City Manager, City of Schertz John Bierschwale, Assistant City Manager, City of Schertz David Harris, Assistant City Manager, City of Schertz Michelle Sanchez, Director or Development Services, City of Schertz Brenda Dennis, City Secretary, City of Schertz 50380790.1 N City f Schertz Y Ordinance W �Pr-�E 319 ± acres north and south of _ iH 35 along the city's north 1 0—A -33 S Last Update: November 2, 2010 east boundary Clty o(SCherh, GlS COOrtlln0lar: Tony MCFalls, amaw,l @SChart-om(210) 619-1184 0 5001,000 2,000 3,000 4,000 5,000 Feet uu, %r'' l; TCH:RSB:JBG: SHH:tst DJ 166 -012 -3 2011 -0069 Michael L. Spain, Esq. Fulbright & Jaworski 300 Convent Street, Suite 2100 San Antonio, Texas 78205 -3792 Dear Mr. Spain: U.S. Department of Justice Civil Rights Division Voting Section - NWB 950 Pennsylvania Avenue, NW Washington, DC 20530 February 8, 2011 This refers to two annexations (Ordinance Nos. 10 -A -33 and 10 -A -34 (2010)) to the City of Schertz in Bexar, Comal and Guadalupe Counties, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c. We received your submission on January 5, 2011; supplemental information was received through February 3, 2011. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would otherwise require an objection comes to our attention during the remainder of the sixty -day review period. Procedures for the Administration of Section 5 of the Voting Rights Act of 1965, 28 C.F.R. 51.41 and 51.43.