2007R49-Intent to Annex
RESOLUTION NO. 07 -R-49
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AND DIRECTING THE
HOLDING OF A PUBLIC HEARING FOR THE PROPOSED
ANNEXATION OF ONE PROPERTY INTO THE CITY OF
SCHERTZ, THE PUBLICATION OF NOTICE OF THAT PUBLIC
HEARING, PREPARATION BY THE PLANNING DEPARTMENT
OF A SERVICE PLAN FOR THE PROPERTY, GIVING OF A
WRITTEN NOTICE OF INTENT TO ANNEX, AND RELATED
MATTERS
WHEREAS, the City of Schertz (the "City") proposes to annex certain land described on
Exhibit A (the "Annexation Area"), which is a roadway formerly within the city limits of the
City of Selma ("Selma") and disannexed by Selma and granted to the extraterritorial jurisdiction
of the City~ and
WHEREAS, Section 43.063 of the Texas Local Government Code, as amended, requires
that a public hearing be conducted on or after the 40th day but before the 20th day before the date
of the institution of the annexation proceedings for the Annexation Area and that notice of the
public hearing be published at least once on or after the 20th day but before the 10th day before
the date of the hearing~ and
WHEREAS, Section 43.062 of the Texas Local Government Code, as amended, requires
that, before the 30th day before the date of the first hearing required under Section 43.063, the
City must give written notice of its intent to annex the area to each property owner (if any) in the
Annexation Area, each public entity or private entity (if any) that provides services in the
Annexation Area, and each railroad company (if any) that serves the City and is on the City's tax
roll if the company's right-of-way is in the Annexation Area~ and
WHEREAS, Section 43.065 of the Texas Local Government Code, as amended, requires
that before publication of notice of the first annexation hearing, the City Council must direct the
Planning Department to prepare a service plan that provides for the extension of full municipal
services to the Annexation Area~ and
WHEREAS, the City desires to complete the annexation requirements of the Annexation
Area in accordance with the Annexation Timeline attached as Exhibit B~ and
WHEREAS, the City Council of the City hereby finds that it is in the best interest of the
City and the citizens thereof that the City complete the pre-annexation requirements as described
herein.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1. The City hereby authorizes and directs that a public hearing for annexation
of the Annexation Area described on Exhibit A be held and that notice of the public hearing be
published, all in accordance with the Annexation Timeline attached as Exhibit B.
SECTION 2. The City hereby authorizes and directs that written notice of its intent to
annex be given as required by Section 43.062 of the Local Government Code, as amended.
SECTION 3. The City hereby authorizes and directs the Planning Department to prepare
a service plan that provides for the extension of full municipal services to the Annexation Area.
SECTION 4. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 5. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
SECTION 6. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 7. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provIsIon.
SECTION 8. It is officially found, determined, and declared that the meeting at which
this Resolution 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 Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
SECTION 9. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
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PASSED AND ADOPTED, this 13th day of November, 2007.
Mayor
ATTEST:
ca~
(CITY SEAL)
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