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ORDINANCE NO. 197AN ORDINANCE NO. 1977 AN ORDINANCE DESIGNATING A PART OF THAT AREA LOCATED IN THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY OF SCHERTZ, TEXAS AS AN IN- DUSTRIAL DISTRICT: RESERVING AND PRESERVING ALL RIGHTS POWERS AND DUTIES OTHERWISE REPROSING BY LAW IN THE CITY OF SCHERTZ, TEXAS, PROVIDING k SAVINGS CLAUSE: REPEALING CONFLICTING ORDINANCES: it is U WEEREAS-2 the established policy of the city of Schertz, Texas, to adopt such reasonable measures, from time to time, as are permitted by law and which will tend to enhance the economic stability and growth of the city and its environs by at- tracting the location of new, and the expansion of old, ind-u'stries therein; and WHEREAS, there is a certain tract of land situated within the extraterritorial jurisdiction of said city consisting of 145.28 acres more or less in Comal County described indeed from Napier Rogers et al to Robert Baker dated September 8, 1949, recorded in Volume 91, Page 578 of the Deed Records of Comal County, Texas, and being out of the George M. Dolson Survey No® 96, Abstract 120, Comal County, Texas, a plat of which is hereto attached and marked Ex- hibit "A", and WHEREAS, such tract of land is suitable for an establishment of an industrial area or district under the 111viunicipal Annexation JALct", Article 970a, Vernon's Annotated Texas Statutes, wherein -provision is expressly made in Articli I, Section 5, for the establishment of industrial districts by municipalities in this State; and WHEREAS, the City Council of the city of Schertz, Texas, after due and careful consideration, has determined that it is in the public interest to now officially and expressly adopt this Ordinance pursuant to Section 5, Article I, of the Texas Municipal Annexation -,Act, and to herein designate that part of the hereinabbve described area lying within the extraterritorial jurisdiction of the City of Schertz as an industrial district to be treated with from time to time as the City Council may deem to be in the best interest of said City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT Section 1. The herein above described property is here- with designated as an area of which any part may hereafter be de- signated as one or more industrial districts of the City of Schertz, Texas, in accordance with terms and conditions here set out, Section 2. Such districts shall be numbered and be desig- nated by metes and bounds in accordance with terms hereandafter set out® Section 3. It is hereby declared to be the purpose of the City Council of the City of Schertz, Texas, to treat with such- area from time to time as may be in the best interest of said City, and in the attraction and maintenance of industry therein. Section 4. The City Council of the City of Schertz, Texas, hereby reserves and preserves all rights and powers of the City of Schertz with respect to such industrial district, except as herein expressly otherwise stated. Section 5. Should any portion of the area herein de- signated as an industrial district be not actually situated within the extraterritorial jurisdiction of the City of Schertz, Texas, and not therefore capable of being so designated, such fact shall not affect the validity of this designation as to the remaining portions of said area. - Section 6. All ordinances or parts of ordinances here- tofore adopted which are in conflict with this ordinance are hereby repealed insofar as the same are in conflict with the provisions hereof. Section 7. No -portion of the above described area shall be designated an official industrial district of the City of Schertz, Texas, until after the owners of such portion of such area enter into contract with the City of Schertz, Texas, in accordance with the terms of this ordinance. Section 8. Whenever such area is granted the privileges and rights of an industrial district as provided in the above mentioned statutes and from that date on the portion of such area shall retain its extraterritorial status as an industrial district and shall be immune from annexation by said City for a period not to exceed seven (7) years unless extended by said City Council and the owners of such land in such industrial district,, Section 9. Such contract shall provide that the said industrial district must conform with the ordinances of the said City as to subdivision of land and location of all public utility services furnished by the City of Schertz, Texas, and further that the location of drainage structures streets, alley and location of utilities on such tract or tracts must be approved by the City Planning Commission of the City of Schertz, Texas. Section 10. Any structures on such site or sites must comply with the Building Codes of Schertz, Texas, the Electrical Code of Schertz, Texas, the Plumbing Code of Schertz, Texas, and all ordinances whether enumerated herein or not which regulate or control the construction and maintenance of buildings and other structures, Section 11. No portion of the above described area shall be granted an industrial district status unless permanent and sub- stantial improvements to be used for manufacturing purposes are constructed on that portion of the area to which such status is to be granted within 90 days after entering into the contract herein providing for and in the event such improvements are not completed within the specified time, then in that event such agreement concern- ing extraterritorial jurisdiction or such portion of such area shall be null and void and of no force and effect. Section 12. Such contract may provide for the furnishing of services by the City of Schertz, Texas, such as water service sewer service, garbage collection service, fire protection and any other services to citizens furnished by the City of Schertz, Texas, whether enumerated herein or not under such terms and condi- tions as may be provided by such contract and upon payment of such fees and charges by the owners of such protion of such area as may be provided in such contract and as may be deemed appropriate or proper in the sale discretion of the City Council of the City of Schertz, Texas. Section 13. Prior to entering into such contract with the owner of any portion of the above described area the said owners shall file with the city secretary of the City of Schertz, Texas, one copy of the blue print, plans and specification for the construc- tion of improvements to be errected thereon. The owners of such area must also obtain a building permit in accordance with the Building Code of the City of Schertz, Texas, prior to construction of any improvements as prescribed by the Building Code of the City of Schertz, Texas. -2- Section 11. Owners of such area shall be allowed such refunds for water and sewer mains on or connecting such areas as may from time to time be provided by the City Council of the City of Schertz, Texas, provided, however, that no refund shall be al- lowed for installation of water mains where no sewer mains have been installed. PASSED A PP AND APPROVED THIS DAY of ,1969 ATTEST: - Secretary -3- May6rjI City of Scheltz, Texas l' Y x n -__ T __� /'E' •�� may/ T -_ • -OO :.c . - 2 2 9 2. 65 F � — j �m an I E 1 - / i I S. S5 "/B ZOl1! OO�"2� C� � ✓E io r l � 3i •v�/- �09�3Q" �/P ( /�l ?7; "�2G STATE OF TEXAS: �OUNTY OF COMAL: 0 L hereby certify that this plat as prepared from an actual survey made on the ground under rn: supervision of a 14 .r74 acre tract of land, being all of that ,ertain 141 -,.28 acre tract (as resurveyed) described in deed frog. Napier Rogers, �t al to Robert Baker dated September 8, 1949, recorded in Volume 91 at Page )78 of the Deed Records of Gomel County, Texas, and being out o_f the George M. )olson Sur,.7ey No. 9(, Abstract 120, Comal County, Texas. 'ropert.y surveyed May 13, 1969. Fitness m.r hand and seal on this the 15th day of May, A. D.