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20-A-07 - Extension of boundary lines - annexation of approx. 0.5 acres of land located at 13805 IH 10 E Bexar CountyORDINANCE NO. 20-A-07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 0.5 ACRES OF LAND LOCATED AT 13805 III -10 E, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS WHEREAS, the City Council of the City of Schcrtz (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; and WHEREAS, Texas Local Government Code Section 43.028 authorizes the City of Schertz to extend its City limit boundaries through the voluntary annexation of area adjacent to those boundaries upon petition of a landowner; and WHEREAS, a public hearing notice was published in the San Antonio Express News on February 5, 2020 for the hearing held on February 25, 2020 and notice was published in the San Antonio Express News on February 19, 2020 for the hearing on March 10, 2020; and WHEREAS, on February 25, 2020 the City Council conducted a public hearing and after considering the request for voluntary annexation, adopted Resolution 20 -R -19 accepting a petition for voluntary annexation; and WHEREAS; the City Council finds that the Annexed Land is suitable, and 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the Land described in Exhibit A. 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 land and territory more particularly described as that portion of the tract of land described in Exhibit A, attached hereto and incorporated herein by reference shall be part of the City of Schertz, Texas and inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Schertz, Texas, Section 4. A service plan outlining the provisions of necessary municipal service to the property described in Exhibit A is hereby approved and the implementation of said plan is hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit B. Section 5. The City manager is hereby authorized and directed to take appropriate action to have the official map of the City revised to reflect the additions to the City's Corporate Limits and the City Secretary is hereby authorized and directed to provide appropriate notice to the State of Texas and the County of Bexar of this annexation. Section 6. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 7. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 10. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 11. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 12. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 10th day of March, 2020. PASSED, APPROVED AND ADOPTED on final reading the 20 day of March, 2020. r_ Ra i r e ,Mayor ATTEST: Brenda Dennis, City Secretary ($F - >JTY) .c "a.. HAROLD BAUER, ET AL CB 5193 P -21A ABS S 14.309 AC VOL 11609, PG. 1681 ;\ 1 r�N'i Yrf , Jam' - ••� "''r• RIEDEL ACQUISITION L C CB 5193 P -20A ABS 5 ` 86.193 AC ` VOL 5690, PG 1205 0.623, AC IH S. HWY 90) WIDTH R.O.W.) SCHIERRI]rZ City of Schertz ooanxu►anr *seevlce• or�a�rurmT Lat Update, December IS. 2019 Exhibit A aamaa�.e.o�eomamwor. mrou�re..�.cn.r�..anR�inea�a 1 ,i M Annexation 200' Buffer 0 25 60 100 160 2011 FW. M Doc# 20190191100 09/24/2019 11:52AM Page 4 of 7 Lucy Adame- Clark, Bexar County Clerk g�LblKndley Exhlblt "" Parcel Take } Page 1 of 3 E. Gartara Survey April 8, 2019 Abstract r5 Parcel 23 -Lift Station ;REV ij 8exar County, Texas DESCRIPTION DESCRIPTION OF A O.b73 ACRE TRACT OF LAND SITUATED IN THE E. GARTARA SURVEY, AWMACF NO. 5 AND BONG A PORTION OF THAT CERTAIN 106.195 ACRE TRACT OF LAND, IN COUNTY BLOCK 5193, AS DESCRIBED IN A DEED TO REIDEVS, INC., OF RECORD IN VOWME 5890, PAGE 1205 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID 0.623 ACRE TRACT, AS DEPICTED ON THE ACCOMPANYING DRAWING ENTITLED WOMAN HOLLERING, EXHIBIT 09 PARCEL 23 LIFT STATION AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS' . BEGINNING at a 1124neh Iran rod found and held for comer, being the southwest comer of said 106.195 acre tract, being also the southeast corner of that certain IA309 acre tract of land, in County Block 5193, as described in a deed to Harold Bauer, et ai, of record In Document No. 2005098534ofthe Official Public Records of Bexar County, being also in the north line of I. H.10 (also known as U. S. 90) a varying width Right- Of-Way and being the southwest comer of the herein described tract;; THENCE North 3(' 13'47" Wesk, with the west line of said 106.195 acre tract, the east One of said 14.309 acre tract, and the west line of the herein described tract, for a distance of 180.70 feet to a 1/24nch Iron rod with cap stamped "CFA" set for the northwest comer of the herein described tract and from which a Wnch Iron and found and held for corner being the northwest comer of sold 106.195 acre tract bears North 30' 1314711 West a distance of 690.79 feet; THENCE departing the east line of said 14.309 acre tract, and over and across said 106.195 acre tract, with the north and east lines of the herein described tract, the following two (2) courses and distances; 1. North 59046'16w East, fare distance of 141.88 feet to a 1/2 -inch iron rod with cap stamped "CFA" set for the northeast comer of the herein described tract, and 2. South 30.14' 19" East, fora distance of 202.13 feet to a 1/24nch Iron rod with cap stamped "CFA" set for the southeast corner of the herein described tract, being also in the south line of said 106.195 acre tract and being in the north line of said 1. H. 10; THENCE South 68' 2V 23" West, with the south line of said 106.195 acre tract, the north line of said t. H. 10 and the south line of the herein described tract; fora distance of 14352 feet the POINT OF BEGINNING and containing 0.623 acres of land, more or less. W5f2AHunt1ndorwe,5u1te1W I Augh.TensUM 1 532.63 "S 1 tax 57Za34.7727 1 www.cbb1wd*=u Dao# 20190191100 09/24/2019 11:52AM Page 5 of l Lucy Adame- Clark, Bexar County Clerk .1 R ., Exhibit-A—,, Page 2 of 8 April 8, 2019 Parcel 23 -lift Statlon(REV 1) 1C0° CobbFendley Parcel Take E. Garters Survey Abstract -5 Bexer County, Texas Bearings are based on the Texas Coordinate System of 1983, South Central Zone (NAD 83 (2011)). All distances were adjusted to the surface using a Surface Adjustment Factor of 1.00013. (Surface = Grid X Surface Adjustment Factor) I certify that this description was prepared from a survey made on the ground, between December of 2016 and April of 2019, under my supervision. COBS, FENDLEY & ASSOCIATES William D. Warrick, RPLS Texas Registration No. 4426 /pig zwf e:lsurMe .PROJecTWC15%1512- 0434)1.Sheru woman HoHedng t)atoWF.Ltes&eounds\tsu -o43-0s Task 03$ Wwuns .. Hollering_M -Uft Stedomdoat 505 East Huntland Drive, Sulte 100 1 Austin, Texas 78152 I SUM4.9798 I fax 512.834.7727 I www.obblerAer.com MUM xOOMba n% 1741 rates ar0tMMM No. 200467 Doc# 20190191100 09/24/2019 11:52AM Page 6 of 7 Lucy Asdame- Clark, Bexar County Clerk BEXAR COUNTY, TEXAS E. GARTARA ASST. NO.3 NoTES:: !, wARUvcs ARE aAm ON THE Tees COORDINA7ESYSTEM OF 198 , SOUTH CEN7R4L ZONE (NAD_83 (20111). ALL DISTANCES SHOWN HEREON WERE r�c� ADJUSTED TO SURFACE FROM 0.0 USWGA SURFACIz ADJUSTMENTFACTOR OF L0DDt34 SITE MAP NOT TO SCALE 1 t0 Z�021 ' f P.O.R.' w P I Inch o 60 R. LEGEND % 2 REFERENCE IS HERMMME 70 THE MUM AND BOUNDS DESCRFWN OF THIS TRACT OF7HESAMEDATE. ACCOMPANWNG 710 SKETCH, 3. THUS IS TO CERM THATTRISSURVEYWASMADE ON THE GROUND DEr"SER 1.2016 THROUGHAPRL 4, 7.019, BY ME OR UNDER MY SUPERMIGN, 7HATTHISSURVEYPLATREPRESENFSTHEFAC7SFOU NDAT THE TWEOFTHE SURVEY. AND THAT7HIS SURVFYSUBSTANnALLYCOMPUES WT H OR CURRENT TVAS SOCENOFPROFESSIONAL LAND SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY !A. CONDITION 11, LAND TMESURVEY. 0 12- WCHIRONROO WITH CAP STAMPW 'CFA' SbT IfWACH IRON ROD FOUND P.O.B. POINTOFBEGINNING P.O.R. POINrOFREFFRENCE 0 O.RR,B.C.7X OFMIAL PUBLIC RECORDS BEXAR COUNTY 70CAS —t PROPERTYUNE —.a.- RIGHTOF- WAYUNE HAROLD BAUER (10.635 ACRF_51 COUNTY BYJOCK 6193 VOL 11705. PG. 32 O.P.R.B.C.TX. REVISIONS: 04ARM19- 0.82.3 ACRES REIDEL'S INC. (106.196 ACRES) COUNTY BLOCK 5193 VOL. SM, PG. 1205 i O.P.R.B.C.I X. �l Sr s� r: HAROLD BAUER, ET AL N C UUTY BUM 5193 4 6� DOC. No. 20DSMB534 0 O.P..B.C.iX. 1 P.O.B. S6B ,Y{j�0�{+Il s � 00 �fJ 0 7EX0 S REGISTRATION No. 4426 CON. FENOLEYB ASSOCIATES, INC. r FLOOD NOTE BY GRAPHIC PLOTTING ONLY. THIS PROPERTYIS IN ZONEA (SHADED) - 8PECUAL FLOOD HAZARD AREAS (SFMW SUBJECT TO MJNDA77ON BY THE !X ANNUAL CHANCE FLOOD (NO BASE FLOOD ELEVA71ONS DETERMWED), FLOOD INSURANCE RATEMAP. CCMMU Vf Y PANEL Na 48=C 04550 THAT BFARSAN U: FFEVol lrE+ REVISI:DDATEOFSEPTEMBFA29,2010. THESURVEYOR AffiXES NO ASSURANCEAS TO TR EACCURACYOF THE DEUAM77ONSSHOWN ON THE FEDERALEMERGENCY MANAGEMENTAGENCYFLOUD WSURANCERA7EMAP. THIS STATEMENT 1S FOR INSURANCE Pi1RPOSES ONLYAND IS NOTAN OPINIONTHATTHEPROPERT MU OR WIUL NOT FLOOD A FLOOD STUDY WAS NDr cONDUc7ED ON THE PROPERTY. Q« Co�b�Fendley TEPE No.2Is 116P18 ND. tG0lefial so Ma NUOL►tmD"N. A ll :100 61283 G MIFAX51UR"2T WNWAMF81o1J:VJM WOMAN HOLLERING EXHIBIT "Am PARCEL 23 LIFT STATION PAGE 3 OF 3 CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED A 0.623acre tract of land situated in the E. Gartara Survey, Abstract No. 5 and being a portion of that certain 106.195 acre tract of land, in County Block 5193, as described in a deed to Reidei's Inc., of record in Volume 5690, Page 1205 of the Official Public Records of Bexar County, Texas. See Exhibit A, "Metes and Bounds Description ", attached hereto for a complete description of the property. 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. 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 two and one -half (2 -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 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. COMMUNITY Brenda Dennis, TRMC -MMC City Secretary March 26, 2020 BY CERTIFIED MAIL — 7011 1570 0002 6858 6830 Comal County Attn: Cynthia Jaqua 178 E. Mill Street., Suite 100 New Braunfels, TX 78130 Re: City of Schertz Annexation of Property Dear Cynthia, Pursuant to Section 41.0015 of the Texas Local Government Code, as amended, the City of Schertz hereby notifies your office of the following annexation the City completed, in order to ensure that the City will receive any sales taxes generated in the newly annexed areas. Certified copies of Ordinance 20 -A -07 is enclosed. A map detailing the added territory is attached to the respected Ordinance. If you have any questions regarding this annexation, please do not hesitate to contact me. Very truly yours, Brenda Dennis Enclosures 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 COMMUNITY Brenda Dennis, TRMC -MMC City Secretary March 26, 2020 BY CERTIFIED MAIL — 7011 1570 0002 6858 6816 Guadalupe County Lisa Adam 215 S. Milam Seguin, TX 78155 Re: City of Schertz Annexation of Property Dear Lisa, Pursuant to Section 41.0015 of the Texas Local Government Code, as amended, the City of Schertz hereby notifies your office of the following annexation the City completed, in order to ensure that the City will receive any sales taxes generated in the newly annexed areas. Certified copies of Ordinance 20 -A -07 is enclosed. A map detailing the added territory is attached to the respected Ordinance. If you have any questions regarding this annexation, please do not hesitate to contact me. Very truly yours, Brenda Dennis Enclosures 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 SCHHEIRTZ oP COMMUNITY ORTU n Brenda Dennis, TRMC -MMC City Secretary March 26, 2020 BY CERTIFIED MAIL — 7011 1570 0002 6858 6823 Bexar County Attn: Jacquelyn Callanen 1103 S. Frio, Suite 100 San Antonio, TX 78207 Re: City of Schertz Annexation of Property Dear Jacquelyn, Pursuant to Section 41.0015 of the Texas Local Government Code, as amended, the City of Schertz hereby notifies your office of the following annexation the City completed, in order to ensure that the City will receive any sales taxes generated in the newly annexed areas. Certified copies of Ordinance 20 -A -07 is enclosed. A map detailing the added territory is attached to the respected Ordinance. If you have any questions regarding this annexation, please do not hesitate to contact me. Very truly yours, Brenda Dennis Enclosures 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 SCHHERTZ COMMUNITY Brenda Dennis, TRMC -MMC City Secretary March 26, 2020 BY CERTIFIED MAIL — 7011 1570 0002 6858 6854 Honorable Daryl John P.O. Box 70 Seguin, Texas 78156 -0070 Re: City of Schertz Annexation of Property Dear Honorable Daryl John, Pursuant to Section 41.0015 of the Texas Local Government Code, as amended, the City of Schertz hereby notifies your office of the following annexation the City completed, in order to ensure that the City will receive any sales taxes generated in the newly annexed areas. Certified copies of Ordinance 20 -A -07 is enclosed. A map detailing the added territory is attached to the respected Ordinance. If you have any questions regarding this annexation, please do not hesitate to contact me. Very truly yours, Brenda Dennis Enclosures 1400 Schertz Parkway Schertz, Texas 78154 210.619.1090 SCHHERTZ OCOMMUNITY PPORTUNITY Brenda Dennis, TRMC -MMC City Secretary March 26, 2020 BY CERTIFIED MAIL — 7011 1570 0002 6858 6847 Texas Comptroller of Public Accounts P.O. Box 13528, Capitol Station Austin, Texas 78711 Re: City of Schertz Annexation of Property Dear Sir or Madam, Pursuant to Section 41.0015 of the Texas Local Government Code, as amended, the City of Schertz hereby notifies your office of the following annexation the City completed, in order to ensure that the City will receive any sales taxes generated in the newly annexed areas. Certified copies of Ordinance 20 -A -07 is enclosed. A map detailing the added territory is attached to the respected Ordinance. If you have any questions regarding this annexation, please do not hesitate to contact me. Very truly yours, Brenda Dennis Enclosures 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 �- 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154 -1634 (210) 619 -1030 FAX (210) 619 -1039 bdennis @schertz.com Brenda Dennis City Secretary, TRMC, MMC, CPM 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 City Secretary's office regarding Ordinance No. 20 -A -07, An Ordinance by the City Council of the City of Schertz, Texas, providing for the extension of the boundary lines of the City of Schertz, Texas by the annexation of approximately 0.5 acres of land located at IH -10 E, City of Schertz, Texas. Brenda Dennis, City Secretary - �5 -? Date Acknowledged on this 25th day of March 2020. - Not ry State of Texas ,,Ww1 tttrlrp.,,i G' W/4 16", ca Z w • N�9rF o� ��, )�926�' `�f��i���FkptO ui1161 ►0``\`` Expiration TEXAS COMPTROLLER Of PUBLIC ACCOUNTS P.O.Box 13528 • AUSTIN, TX 78711 -3528 April 22, 2020 Ms. Brenda Dennis City Secretary City of Schertz 1400 Schertz Pkwy Schertz, TX 78154 Dear Mr. Dennis: We have received Schertz annexation ordinance no. 20 -A -07 and the map indicating the property annexed into the City of Schertz. The local sales and use tax will become effective July 1, 2020 in the annexed area as indicated on the map. If you have any questions or need more information, please call me toll free at 1- 800 -531 -5441, ext. 51907. My direct number is 512- 475 -1907. Sincerely, Josh Hastie Revenue Accounting Division Tax Allocation Section