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ORDINANCE 218 WITH BACKUP DOCUMENTS( . ORDINANCE NUMBER 218 AN ORDINANCE AUTHORIZING THE MAYOR AND CITY SECRETARY TO SIGN THE ATTACHED AGREEMENT MARKED "ATTACH- MENT All for purposes of binding the City of Universal City, Texas to said agreement resolving that portion of overlapping extraterritorial jurisdiction with the City of Schertz, Texas under the authority of Article 970A, Vernon's Annotated Texas Statutes also known as the Municipal Annexation Act. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSAL CITY, TEXAS: The Mayor and City Secretary of the City of Universal City, Texas are hereby authorized to sign the attached agreement marked Attachment A for purposes of binding the City of Universal City, Texas to said agreement resolving that portion of overlapping extra- territorial jurisdiction with the City of Schertz, Texas under the authority of Article 970A, Vernon's Annotated Texas Statutes, also known as Municipal Annexation Act. Upon the signing of such agreement by the Mayor and City Secretary such agreement shall be binding on the City of Universal City, Texas. PASSED AND APPROVED on this the 19th day of January, 1971. M or ATTEST: ecretary STATESON, DEANE & WARD ATTORNEYS AT LAW JOSEPH Y.STATESON 600 NORTH McCULLOUGH MARVIN T. DEANE SAN ANTONIO 12. TEXAS JAMES WARD Hon® Mayor Roy L. Richards City of Schertz 517 Aero Schertz, 'Texas The newspaper doubt there might be some overlapping of our You will remember that we have not yet settled our overlapping extraterritorial rights. Any overlap- o CCs Hon® Mayor Don Pulver City of Universal City CCs Lvirs Joe Saegert City Attorney Schertz 'Texas Seguin, Texas Secretary and give may determine if F' U INTIMP SAL CIrr Y' 512 ® OL 8 -3591 ® UNIVERSAL CITY, TEXAS 78148 "GATEWAY TO RANDOLPH AIR FORCE BASE" 28 November, 1967 Mayor Roy W. Richard City Hall, City of Schertz Schertz, Texas 78154 Dear Mayor Richard: As you know, the Texas "Municipal Annexation Act", which became effective August 23, 1963, established Extxa- Territorial Jurisdiction, (E.T.J.) lines for municipalities based upon pop- ulations and city limits as they then existed. This act also provided a means for disposing of overlapping areas, essentially by mutual consent of the municipalities involved. Since San Antonio is involved as a "third city" in almost any overlap area we would be involved in, we requested they furnish us with a proposal for the establishment of a common E.T.J. Line Agreement between the City of San Antonio and the City of Universal City. ptPe�r �� �a�7 fled—e� e€ee. After an exchange of correspondence, we axe in complete agreement on a common E.T.J. line.. However, before the City of Sax'. Antonio can draw up the necessary field notes describing the proposed E.T.J. line agreement for council adoption, it will be necessary for the proposal to be approved by the City of Schertz as it pertains® Attached is a sketch of the area of concern between Schertz and Universal City. The green shaded portions indicate the areas of overlap. The establishment of a common E. T. J. line is pro- posed on the overlay. Under this proposal the City of Universal City would relinquish all claims to the purple shaded area to the City of San Antonio; the City of Universal City would relinquish all claims to the blue shaded area to the City of Schertz; and the City of Schertz would relinquish all claims to the red shaded area to the City of Universal City. Early consideration of this proposal will be appreciated. If we can be of any assistance please call City Secretary Burton H. Rowden at 01-8- 3591.. Sincerely, Glenn E. McClure Mayor cc: Mr. Steve Taylor, Director of Planning, San Antonio, Texas GEM/d j n s �ryA, t � a; E 3�T,J, LIN300 AUG 60) r 3 F.. BZ T-700 LLJ 1 s > t r Mayor Roy W. Richard City of Schertz Drawer 1 Schertz, Texas 78154 Dear Mayor Richard: 512 ® OL 8 -3591 ® UNIVERSAL CITY, TEXAS 78148 'GATEWAY TO RANDOLPH AIR FORCE BASE" 14 December 1967 Thanks for your letter of 8 December 1967 concerning Extra-Territorial Jur- isdiction, we will make further contact with you at a later date to try to arrive at some rL-asonable solution to our areas of conflict,. Attached is your file copy of the Mutual Aid Fire agreement a I am sure this agreement between the two cities should prove to be beneficial to both, UNIVERSAL CITY �, rvt B BURT Schertz, Texas 78154 Dear Sir, Enclosed find the original and one copy of a proposed agreement between the cities of San Antonio, Universal City, Converse, Selma, Schertz, and Live Oak, to apportion part of the overlapping extraterritorial jurisdiction of these cities, as provided for by Article 970 a, Vernons Annotated Texas Statutes. The City Council of the city of San Antonio ap- proved this agreement on September 13, 1968, and directed the City Manager to execute same on behalf of this city upon its approval by the governing bodies of - :.other cities involved. Please present this agreement to the the City of Schertz for approval and exec official. Retain a copy of the agreement records, and return the executed original Also, please provide the ordinance number passage of the authorizing ordinance. governing body of ution by the proper and map for your to this office. and the date of Any inquires or comments you have may be directed to this office, or to the City Attorney's office. Your prompt attention to this matter, and the early action of you city's governing body will be appreciated. Thank you. Steve Taylor Director of Planning City of San Antonio ST:nc Enclosure S A N AN ON 1 o, TEXAS January 13, 1969 Honorable Roy W. Richard, Mayor -City of Schertz Schertz, Texas Dear Mayor Richard: We received your letter concerning the Extra- Territorial Jurisdiction Agreement between various cities northeast of San Antonio and were certainly disappointed that you did not see fit to approve the proposal. The agreement, as submitted to you contained, I believe, only one question of ETJ to be resolved between the City of Schertz and San Antonio (the agreement being primarily between Universal City and San Antonio). This question pertained to a small portion of the northeast section of Randolph Air Force Base. In that we had previously received your verbal agreement regarding this Randolph property, I had assumed that the delineation of the boun- daries as set forth in the proposal were satisfactory. You expressed concern in your letter regarding annexation plans of San Antonio. As you know, the City of San Antonio did, in May of 1968, initiate an ordinance to annex a small (23 acre) tract. This property is west of Universal City and almost three miles west of the City of Schertz. The City did not, at that time and, to my knowledge, does not now or in the foreseeable future, propose any annexation that would extend nearer to your corporate limits, Long- range, I do feel it is necessary to preserve sufficient areas within which San Antonio may continue orderly growth and development. If you recall, we discussed this question in May of last year and it was agreed that a common (San Antonio - Schertz) ETJ line along Interstate Highway 35 would be satisfactory, Schertz' Honorable Roy W. Richard, Mayor Page Two January 13, 1969 jurisdiction would then extend from this expressway south, approxi- mately two miles. Such an area (much of which you have already established) would provide your jurisdiction over approximately 5 square miles, with unlimited ability to expand to the east. We have worked many months to provide an equitable agreement for all cities in this area and sincerely hope that you and your Council can approve the ETJ agreement as submitted. I would, of course, be glad to meet with you at your conven- ience to discuss this matter further, if desired. Thank you for your consideration. Yours very truly, Steve Taylor Director of Planning ST:js cc: Walter W. McAllister, Mayor City of San Antonio cc: Gerald C. Henckel, Jr., City Mgr. City of San Antonio -ODE 512- 658 -3591 ® 100 NORTHVIEW DRIVE UNIVERSAL CITY, TEXAS 78148 Mayor Roy W. Richard Main Street City of Schertz, Texas 78154 Dear Mayor Richard, "GATEWAY TO RANDOLPH AIR FORCE BASE" 28 August 1969 In looking through past correspondence, I find that we are lacking a response to Steve Taylors letter of 12 April 1968, and Burton H. Rowden's letter to Steve Taylor date(, May 1968 reference the settlement of the overlapping Extra--_- - Territorial Jurisdiction® Has the Schertz Council approved the suggested amendment- as suggested in Steve Taylor's letter that is shown on the attached drawing? The reason I am asking this question is that Steve Taylor indicated to me recently, that Schertz has not agreed to the suggested amendments. If I am incorrect please advise. As far as I can determine, all of the other cities have agreed to the proposed Extra Territorial Juris- diction as outlined on the drawing. If you would be so kind, please give me your thought-,on this matter. Sincerely, 4 iO A. PECHULS, ty Secretary 110614.% A064 r_bo6o�dt e `7 F I L B zfffflrj� z® Steve Taylor Director 01 p1mar-ing City aff Amtanio s Te��aa 78200 s,an -,nLoaiop Lear Steve: '�,,Ory siz,;cerc-3,0,7 yl sq Burtcn City Zse=etary cc: Gerold He I, City mamager, city cf &.%n antanio Roy R-Icbards, Schertz mayor --. w� iv4yer, -Zalma r® e' art, 'jamisca, P-'VX,,G BHR/dj.-n l" Mr. Burt Ro-,7jden City Secretary Uni�,ersal City, Texas Dear Mr. Rowden: 7_17 5 '< A - O T Z r r, S April 12, 1968 The City Planning Department has considered the suggested amendments to the proposed common extra territorial jurisdiction boundary as sub- mitted by Universal City and has revised the map® The suggested amendments as shown on the enclosed map gives all the E.T.J. overlap North of Schertz to Schertz with the exception of approxi- mately five acres out of the Milton Ackerman tract, which would go to Universal City. The addition of the property suggested by 'Universal City seems to be a fair settlement between Schertz and Universal City. The addition of the 22.75 acres between Selma and Universal City as sug- gested makes a more equal trade between these two cities. If the boundary as amended is satisfactory to all the cries concerned, the City of San Antonio will proceed to draw up field notes of the common F. T. J. boundary for submittal to the cities affected for their approval by ordinance. The City- of San Antonio appreciates your concern in this matter and hopes that the solution as submitted will be satisfactory to all concerned. Yours truly,. Steve T aY for Di. r..cior of P] inning ST: sam cc: Mayor Roy Richards, Schertz Mr. Robert Jamison, AACCG Mayor E. W. Meyer, Selma STATE OF TEXAS COUNTY OF BEXAR A G R E E M E N T This agreement, entered into this day of , 1968, by and between the City of San Antonio, a Texas municipal corporation acting by and through its City Manager pursuant to Ordinance No. dated L a , 1968, and the cities of Live Oak, Texas; Universal City, Texas; Converse, Texas; Selma, Texas; and Schertz, Texas, all Texas municipal corporations acting by and through their designated officials pursuant to ordinances or resolutions of their governing bodies and indicated hereinafter; WITNESSETH: WHEREAS, the 58th Legislature of the State of Texas enacted the Municipal Annexation Act, which appears as Article 970a, Vernon's Annotated Civil States; and, WHEREAS, in order to promote and protect the general health, safety, and welfare of persons residing within and adjacent to the cities of Texas, The Legislature of Texas has declared it to be the policy of said state that the unincorporated area not a part of any city, which is contiguous to be corporate limits of any city, shall compromise and be known as the extraterritorial jurisdiction of the various population classes of cities in the state; and, WHEREAS, the population of San Antonio, Texas, is in excess of 600,000 inhabitants and its extraterritorial jurisdiction, es- tablished by law consists of all the contiguous unincorporated area, not a part of any other city, within five miles of its cor- porate limits; and, WHEREAS, the populations of the citiesof Live Oak, Universal City, Selma, Converse and Schertz are each less than 5,000 inhab- itants and their extraterritorial jurisdictions, established by law, consist of all the contiguous unincorporated area, not a part of other cities, within 1/2 mile of their corporate limits; and, WHEREAS,the area under the extraterritorial jurisdiction of the City of San Antonio, Texas, overlaps areas under the extra- territorial jurisdiction of cities above named, and said areas overlap each other; and, WHEREAS, it is provided in the nTunicipal Annexation Act that in the event an area under the extraterritorial jurisdiction of one city overlaps an area under the extraterritorial_ jurisdic- tion of one or more other cities, such overlapped areas may be apportioned by mutual agreement of the governing bodies of the -- cities concerned suci agreement— t- o—bein wr "ringrcr -- approved - -- - -- by ordinance or.resolution, and it is the mutual desire of all the aforementioned cities to enter into an agreement whereby the overlapped areas may be apportioned-, NOW- ,T'HE:RLEFORE; -it is - mutual- ly--- agre -ed -- by - -and -- between - t-he- parties - hereto, as follows: 1. The hereinafter described overlapped area of the extraterritorial jurisdiction of the City of San Antonio, Texas, the City of Live Oak, Texas, the City of Converse, Texas, the City of Universal City, Texas, the City of Selma, Texas, and the City of Schertz, Texas,shall be delineated, divided, and apportioned as hereinafter described, and as shown on the map attached hereto and made a part hereof. 2. Those portions of the extraterritorial jurisdiction area which by agreement herein are apportioned to and shall become a part of the extraterritorial jurisdiction of the City of San Antonio, Texas, are described in the field notes attached hereto and labeled Attachment A. This area is shaded orange and labeled Area IV in the map attached hereto. 3. Those portions of the extraterritorial jurisdiciton area which by agreement herein are apportioned to and shall become a part of the extraterritorial jurisdiction of the City of Universal City, Texas, are described in the field notes attached hereto and labeled Attachment B. This area is shaded green and labeled Area III in the map attached hereto. 4. It is specifically agreed that the portions of the above described areas which lie within the extraterritorial jurisdiction of the cities of Converse, Texas, Selma, Texas, Live Oak, Texas, and Schertz, Texas-; may be apportioned in { accordance with the attached field notes and map, and these cities relinquish any claim to these porttons of their extra- territorial jurisdiciton. 5. It is understood and agreed that the areas which are -2- being apportioned to each of the parties hereto shall, according to such apportionment, become part of the area under the exclusive extraterritorial jurisdiction of the party to whom each area is apportioned, and all other parties hereto forego all jurisdiction over the apportioned areas. It is further understood that as to the areas apportioned hereby which are not in an overlapping area, but are now in the extraterritorial jurisdiction of one.city, the above described apportionment shall nevertheless apply, and the parties now having such exclusive jurisdiciton over such, relinquish all claim to such extraterritorial jurisdiciton within the above described areas, and agree that such shall become a part of the extraterritorial jurisdiction of the city to whom it is hereby apportioned. In witness whereof, the City of San Antonio, Texas, has caused these Dresents to be signed by its City Manager and attested by its City Clerk; and the cities of Converse, Live Oak, Universal City, Selma, and Schertz have caused these presents to be signed by their designated officials and attested by their clerks, pur- suant to the resolutions or ordinances of their governing bodies, and-on the dates, as indicated below. ATTEST: City Clergy: BY: 4W TITLE: AUTHORIZING ORDINANCE-OR RESOLUTION NUMBER DATE OF PASSAGE ATTEST: CITY OF SAN ANTONIO ty Manager CITY OF CONVERSE BY: TITLE: AUTHORIZING ORDINANCE OR RESOLUTION NUMBER DATE OF PASSAGE ATTEST: BY: TITLE: AUTHORIZING ORDINANCE OR RESOLUTION NUMBER DATE = °r PASSAGE ATTEST: BY: TITLE: AUTHORIZING ORDINANCE OR RESOLUTION NUATBER DATE OF PASSAGE ATTEST: I:M TITLE: AUTHORIZING ORDINANCE OR RESOLUTION NUMBER DATE OF PASSAGE ATTEST: CITY OF LIVE OAK CITY OF UNIVERSAL CITY CITY OF SELMA CITY OF SCHERTZ -4- AREA IV SAN ANTONIO, TEXAS APPORTIONMENT OF THE SAN ANTONIO, UNIVERSAL CITY E.T.J. AGREEMENT BEGINNING at a point on the common line between the southern boundary of Universal City, and the northern boundary of Randolph Air Force Base, said point being approximately 1200 feet northeast of F.M. 1604; THENCE: along said common line as follows: N 350 511 E, 741.00 feet N 400 261 E, 383.20 feet N 400 531 E, 267.20 feet N 470 031 E, 480.00 feet N 540 151 E, 600.00 feet N 630 031 E, 1325.50 feet N 830 491 E, 25.00 feet N 760 331 .E, 228.50 feet N 600 001 E, 1737.00 feet N 610 561 E, 797.20 feet; THENCE: along the boundary of Randolph Air Force Base as follows: S 710 251 E, N 600 071 E, _ S 350 371 E, S 380 381 E, S 600 051 W, S 290 471 E, S 710 251 E, to a point; - 968.60 2150.00 711.50 488.50 999.80 199.70 a' distance of ap feet feet feet feet feet feet proximately 750 feet THENCE: in a southwesterly direction along a line which is one -half mile south of and parallel to the boundary of Uni- versal City a distance of approximately 9750 feet to a point on the western boundary of Randolph Air Force Base; THENCE: along the boundary of Randolph Air Force Base as follows: N 29° 401 W, a distance of approximately 175 feet N 290 431 W 1280:20 feet N 090 331 E 1644.70 feet N 300 271 W 510.00 feet to the point of beginning and containing approximately 0.87 square miles of land. August I2, 1968 UNIVERSAL CITY, TEXAS APPORTIONMENT BEGINNING at a point which is the intersection of the north right -of -way line of the Southern Pacific Railroad .(also known as T. & N.O. Railroad) and the Universal City, City Limits line, said point being approximately 1850 feet southwest of F.M. 1604; THENCE: in a northwesterly direction along the present City Limits of Universal City, and also being along a curve having a radius of 2640 feet, a distance of approximately 970 feet to a point; THENCE: along the present boundary of Universal City N 290 19' W a distance of 5880 feet to the point of curvature of a curve having a radius of 2640 feet; THENCE: along said curve which is the present boundary of Universal City a distance of approximately 900 feet to a point on the east right -of -way line of F.M. 1604; THENCE: along the present boundary of Universal City, in a northwesterly direction along the east right -of -way line of F.M. 1604 a distance of approximately 2750 feet to a point on the south property line of the C. R. Cusick 46.546 acre tract; THENCE: along the present boundary of Universal City in a northeasterly direction along the south property line of said 46. 546 acre tract a distance of approximately 1800 feet to a point on the southwest right -of -way line of State Highway 218 which is also known as Pat Booker Road; THENCE: along the present boundary of Universal City in a northerly direction along a curve which curves to the right and having a radius of 2640 feet a distance of approximately 775 feet to a point on the southwest property line of the R. L. Ham 82. 071 acre tract; THENCE: along the present boundary of Universal City in a northwesterly direction along the southwest property line of the R. L. Ham 82. 071 acre tract and continuing along the southwest property line of the Lonnie Freeman 60 acre and 6.46 acre tracts to a point which is the western -most corner of said Lonnie Freeman 6.46 acre tract a total distance of approximately 3000 feet; Universal C it Page 2 THENCE: along the present boundary of Universal City in a northeasterly -- - -_ -__- _ direction along the northwest property line of the Lonnie Freeman 6. 4 acre tract a distance of approximately I125 feet to a point on the northeast property line of the Lonnie Freeman 60 acre tract; THENCE: along the present boundary of Universal City in a southeasterly direction along the northeast property line of said 60 acre tract a distance of approximately 2450 feet to a point on a curve having a radius of 2640 feet; THENCE: along the present boundary of Universal City in a northeasterly direction along said curve a distance of approximately 800 feet to a point of curvature. THENCE: N 600 41' E 4250 feet along the present boundary of Universal City to a point on the center line of Cibolo Greek; THENCE: along the present boundary of Universal City, said boundary being the center line of Cibolo Creek, in a southerly direction a distance of approxi- mately 5000 feet to a point on the southeast property line of the Milton Acker - mann 114. 94 acre tract; THENCE: in a northeasterly direction along the southeast property line of the Milton Ackermann I14.94 acre tract a distance of approximately 3150 feet; THENCE: in a northwesterly direction along a line which is 2640 feet from and parallel to the present boundary of Universal City a distance of approximately 3650 feet to a point on the southeast property line of the George Gesche 25 acre tract; THENCE: in a northeasterly direction along the southeast property line of the George Gesche 25 acre tract a distance of approximately 675 feet to a point, said point being the eastern -most corner of said 25 acre tract; THENCE: in a northwesterly direction along the northeast property lines of the _George Gesche 25 acre and 105 acre tracts a distance of approximately 2500 feet to a point on the southeast property line of the Fred Helmke 114.44 acre tract; Universal City Page 3 THENCE: in a southwesterly direction along the southeast property line of the Fred Helmke 114. 44 acre tract a distance of approximately 2900 feet to a point on the center line of Gibolo Greek; THENCE: in a northerly direction along the center line of Cibolo Greek a distance of approximately 625 feet to a point, said point being the north- ern -most corner of the Haddy Blue et vir 151.5 acre tract; THENCE: in a southwesterly direction along the northwest property line of the Haddy Blue et vir 151.5 acre tract a distance of approximately 3100 feet to a point, said point being the western -most corner of said 151.5 acre tract; THENCE: in a northwesterly direction along the northeast property line of the E. P. Engleman 186.3 acre tract and continuing along the northeast property line of the John Zuercher 22. 75 acre tract a distance of approxi- mately 1225 feet to a point, said point being the northern -most corner of the John Zuercher 22.75 acre tract; THENCE: in a southwesterly direction along the northwest property line of the John Zuercher 22.75 acre tract a distance of approximately 2400 feet to a point, said point being the western -most corner of said 22, 75 acre tract; THENCE: in a southeasterly direction along the southwest property line of said 22.75 acre tract and continuing along the southwest property line of the E. P. Engleman 186.3 acre tract a distance of approximately 825 feet to a point on a curve having a radius of 2640 feet; THENCE: in a southwesterly direction along said curve a distance of approxi- mately I550 feet to a point on the southeast property line of the Ira Walker 104.936 acre tract; THENCE: in a southwesterly direction along the southeast property line of the Ira Walker 104.936 acre tract a distance of approximately 2200 feet to a point on the west right -of -way line of F. M, 1604; Universal City Page 4 THENCE: in a southeasterly direction along the west right -of -way line of F. M. IbO� a distance of approximatel- 5325 feet to a point, said point being the northern -most corner of the Thomas D. Kotowski 55 acre tract; THENCE: continuing in a southeasterly direction along the northeast property line of the Thomas Dm Kotowski 55 acre tract a distance of approximately 790 feet to a point, said point being the northern -most corner of the Thomas D. Kotowski 70 acre tract; THENCE: in a southwesterly direction along the northwest property line of the Thomas D. Kotowski 70 acre tract a distance of approximately 3350 feet to a point, said point being the western most corner of said 70 acre tr act; THENCE: in a southerly direction along the western property i.ine of the Thomas D. Kotowski 70 acre tract a distance of approximately 950 feet to a point, said point being the southern -most corner of said 70 acre tract; THENCE: in a southwesterly direction along the southeast property line of the Wallace K. Reimann 125 acre tract a distance of approximately 200 feet to a point; THENCE: in a southeasterly direction across the Beatrice Kneupper 133.55 acre tract a distance of approximately 50 feet to a point, said point being the western -most corner of the Adolph J. Scheel I3.8 acre tract; THENCE: in a southeasterly direction along the southwest property lines of the Adolph J. Scheel 13. 8 acre tract, the Adolph J. Scheel 2.4 acre tract, and the Uda Marbach I2. 6 acre tract, a distance of approximately 3150 feet to a point, said point being the southern -most corner of the Uda Marbach 12.6 acre tract; THENCE: in a_ northeasterly direction along the southeast property lines of the Uda Marbach 12. 6 acre and 77 acre tracts a distance of approximately 2600 -feet to apoint on the west right -of -way line of Converse Road, said point being the eastern -most corner of the Uda Marbach 77 acre tract; Universal City Page 5 THENCE: -in-a southeasterly direction along the west -right -of- way line of Converse Road a distance of approximately 4350 feet to a point on the north right -of -way line of the Southern Pacific Railroad; THENCE: in a northeasterly direction along the north right -of -way line of the Southern Pacific Railroad a distance of approximately I600 feet to the point of beginning and containing approximately Z. 34 square miles of land,