2009A38-Annexation of Animal Shelter 0.563 acres (2)COPY
ORDINANCE NO. 09-A-38
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AND DIRECTING THE
ANNEXATION OF 0.563 ACRES WHICH IS THE FORMER
LOCATION OF THE SCHERTZ ANIMAL SHELTER, GIVING OF
WRITTEN NOTICE OF ANNEXATION, THE SUBMISSION OF
PRECLEARANCE MATERIALS TO THE DEPARTMENT OF
JUSTICE, AND RELATED MATTERS
WHEREAS, the City of Schertz (the "City ") desires to annex certain land owned by the
City and described on Exhibit A (the "Land "); and
WHEREAS, Section 43.028 of the Texas Local Government Code, as amended (the
"Act "), allows the annexation of certain sparsely occupied area on petition of landowners in the
area to be annexed; and
WHEREAS, on August 25, 2009, the City Council approved a resolution authorizing and
directing the City Manager to execute and file a petition requesting the City to annex the Land;
and
WHEREAS, the City Manager executed and filed with the City Secretary a petition to
annex the Land on August 26, 2009, which is attached to this Ordinance as Exhibit B (the
"Petition"); and
WHEREAS, Section 43.028(d) of the Act requires that after the 5ffi day but on or before
the 30tb day after the date the Petition was filed, the City Council shall hear the Petition and the
arguments for and against the annexation and shall grant or refuse the Petition as the City
Council considers appropriate; and
WHEREAS, Section 43.028(e) of the Act states that if the City Council grants the
Petition, the City Council by ordinance may annex the Land; and
WHEREAS, Section 43.028(f) of the Act provides that if the Petition is granted and the
ordinance is adopted, a certified copy of the ordinance and a copy of the Petition shall be filed
with the County Clerk of Guadalupe County; 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 Council grant the Petition and complete the annexation
as described here
CD 11
c BEST 01 DAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
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The City Council has heard the Petition and the arguments for and against
ae e hereby grants the Petition.
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L+50233n.1 m
SECTION 2. The City Council hereby annexes the Land and, upon the effective date of
this Ordinance, the Land shall become a part of the City and the inhabitants of the Land will be
entitled to the rights and privileges of other citizens of the City and will be bound by the acts and
ordinances adopted by the City.
SECTION 3. The City Council hereby directs the City Secretary to file a copy of this
Ordinance together with a copy of the Petition with the County Clerk of Guadalupe County,
Texas.
SECTION 4. The Planning Department is hereby directed to provide all notices required
by the Act to each school district located in whole or in part in the Land. Such notices shall be in
substantially the form of Exhibit C attached hereto and made a part hereof and shall be given
within the time limits required by the Act.
SECTION 5. The City Attorney is hereby directed to make all necessary filings under
the Federal Voting Rights Act incident to the proposed annexation of the Land.
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 City Council.
SECTION 7. All ordinances, 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
Council 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, Texas Government Code, as amended.
SECTION 11. This Ordinance shall be in force and effect from and after its final passage,
and it is so resolved.
[The remainder of this page intentionally left blank.]
50233430.1 2
PASSED AND APPROVED on first reading the 1 st day of September, 2009.
PASSED AND FINALLY APPROVED on second and final reading the 80, day of September,
2009.
CITY OF SC RT , EXAS
Mayor
ATTEST:
50233430.1
3
EXHIBIT A
DESCRIPTION OF THE LAND
FIELDNOTES for 0.563 acres of land out of the G. Malpaz Survey No. 67, Abstract No. 221 out
of that certain 8.643 acre tract conveyed to John O. Lund, et ux, by George Gesche, et ux,
described in deed dated 4th day of February, 1976 and recorded in Volume 512, Pages 685 -687,
deed records of Guadalupe County, Texas;
BEGINNING at an iron pin found for the Southeasterly corner, being the Northeasterly Herbert
A. Busch corner, on the Southwesterly line of the 80 foot F.M. Road No. 1518;
THENCE, with an existing fence line, South 60'43'10" West, 219.37 feet to a 1" iron pipe, being
a corner for the Herbert A. Busch tract and a corner for the G.H. & S.A.R.R. Co. tract, said point
being the Southwesterly corner of this survey;
THENCE, North 30 °44'29" West, 104.51 feet to an t /z" iron rod found for the Northwest corner
of this survey and being a corner for the G.H. & S.A.R.R. tract;
THENCE, North 61 °01'59" East, 73.64 feet to an '' /2" iron rod set for an interior angle in this
survey;
THENCE, North 41 °02'41" East, 124.97 feet to an 'h" iron rod set for the Northeast corner of
this survey, said point being on the Southwesterly line of the 80 foot F.M. Road No. 1518;
THENCE, with the Southwesterly line of the F.M. Road No. 1518, South 41'10'00" East, 149.46
feet to the PLACE OF BEGINNING containing 0.563 acres.
50233430.1 A -1
EXHIBIT B
PETITION TO A_NINEX SPARSELY OCCUPIED AREA
' -RE CITY OF SCHERTZ TEVkS, as owner of 100% of the proposed annexation area, hereby
petitions the City Council of the City of Schertz to annex the area described as follows:
FIELDNO`1 "ES for 0.563 acres of land out of the G. Malpaz Survey No. 67, Abstract No. 221 out
of that certain 8.643 acre tract conveyed to 3olm O. Land, et ux, by George Gesche, et ux,
described in deed dated Oat, day of February, 1976 and recorded in 'Volurne 512, Pages 685 -687,
deed records of Guadalupe County, Texas;
BEGINNING at an iron pin found for the Southeasterly corner, being the Northeasterly Herbert A.
Busch corner, on the Southwesterly line of the 80 foot F.M. Road No. 1518;
'MENCE, .with an existing fence line, South 60 °43':10" West, 219.37 feet to a 1" iron pipe, being
a corner for the Herbert A. Busch tract and a corner for the G.H. & S.A.R.R. Co. tract, said point
being the Southwesterly corner of this survey;
THENCE, North 30"44'29" Vilest, 1.04.51 feet to an' /" iron rod found for the Northwest corner of
this survey and being a corner for the G.H. & S.A.R.R. tract;
THENCE, North 61'01'59"' East, 73.64 feet to an ' /z" iron rod set for an interior angle in this
survey;
THENCE, North 41 °02'41" East, 124.97 feet to an fx" iron rod set for the Northeast corner of this
survey, said point being on the South - westerly line of the 80 foot FAT Road No. 1518;
THENCE, with the Southwesterly line of the F.M. Road No. 1518, South 41 °10'00" East, 149.46
feet to the PLACE OF BEGINNING containing 0.563 acres.
By signing this petition, I snake the following representations:
The proposed annexation area is less than one -half male wide.
The proposed area is contiguous to the existing boundaries of the City of Schertz.
The number of qualified voters residing on the proposed area is zero.
All personas with any type of interest in the area to be annexed have signed this petition.
IN WITNESS WHEREOF, this Petition has been executed by the following interested party on the date
of the acknowledgement set forth below.
THE STATE OF TEXAS
COUNqY OF GUNDALUPE §
This instrument was acknowledged before me on thcv- Aay of August, 2009, by John Biersohwale,
Assistant City Manager of the City of Scher tz, Texas.
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50231785.1 B -1
EXHIBIT C
[City of Schertz letterhead]
September 2, 2009
Re: Notice of Intent to Annex (approximately 0.563± Acre Tract)
Superintendent
Independent School District
Please take notice that the City Council of the City of Schertz (the "City") intends to annex the
following property, a portion of which is within your District:
Approximately 0.563± acres located west of FM 1518 and north of the
intersection of Pecan Drive and FM 1518 and which is the former location of the
City of Schertz animal shelter.
The City is unaware of any financial impact on your District resulting from the proposed
annexation, including any changes in utility costs.
Please address any questions you have concerning the proposed annexation to my attention.
Very truly yours,
Don E. Taylor
City Manager, City of Schertz
50233430.1 C-1
1400 SCHERTZ PARKWAY
SCHERTZ, TEXAS 78154 -1634
(210) 619 -1020 DON E. TAYLOR
FAX (7W) 619 -1050 CITY MANAGER
September 2, 2009
Re: Notice of Intent to Annex (approximately 0.563± Acre Tract)
Superintendent; Schertz- Cibolo-
Universal City Independent School District
Please take notice that the City Council of the City of Schertz (the "City ") intends to
annex the following property, a portion of which is within your District:
Approximately 0.563± acres located west of FM 1518 and north of the intersection of
Pecan Drive and FM 1518 and which is the former location of the City of Schertz
animal shelter.
The City is unaware of any financial impact on your District resulting from the
proposed annexation, including any changes in utility costs.
Please address any questions you have concerning the proposed annexation to my
attention.
Very truly yours,
C��
Don E. Tayl
City Manager, City of Schertz
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
300 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 78205-379P
WWW.FULBRIGHT.COM
MICHAEL L. SPAIN DIRECT DIAL:
PARTNER TELEPHONE:
MSPAINga FULBRIGHT.COM FACSIMILE:
October 20, 2009
Mr. John K. Tanner
Chief, Voting Section
Civil Rights Division
United States Department of Justice
Room 7254 — NWB
1800 G Street N.W.
Washington, D.C. 20006
(210) 270 -7184
(210) 224 -5575
(210) 270 -7205
BY FEDERAL EXPRESS
Re: Submission for preclearance relating to annexation of land undertaken by action
on September 8, 2009 by the City of Schertz, Texas.
Dear Mr. Tanner:
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 an annexation of property into
the City. All prior annexations have been precleared by your office.
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 a change affecting voting implemented by the Submitting Party on September 8, 2009:
50244002.1
AUSTIN • BEIJING • DALLAS • DENVER • DUBAI • HONG KONG • HOUSTON • LONDON • LOS ANGELES • MINNEAPOLIS
MUNICH • NEW YORK • RIYADH • SAN ANTONIO • ST. LOUIS • WASHINGTON DC
Mr. John K. Tanner
October 20, 2009
Page 2
Reauired Contents
(a) A copy of the ordinance (the "Ordinance ") adopted on September 8, 2009
embodying the change affecting voting is attached hereto as Exhibit A.
(b) The voting practice prior to the adoption of the Ordinance described above
has not been repealed, amended, or otherwise changed.
(c) The Ordinance extends the boundaries of the Submitting Party to include
an additional approximately 0.563 acres of land on which the former Schertz animal shelter is
located (the "Annexed Area "). No eligible voters reside on such land.
(d) This submission is being made by Michael L. Spain, Fulbright & Jaworski
L.L.P., 300 Convent Street, Suite 2200, 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 Parry is located in the Counties of Guadalupe, Bexar, and
Comal, Texas. The Annexed Area is located entirely in Guadalupe 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 Ordinance.
(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 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
Ordinance was 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 change affecting voting was
September 8, 2009.
0) The annexation became effective on September 8, 2009 and the change
affecting voting took effect on such date.
50244002.1
Mr. John K. Tanner
October 20, 2009
Page 3
(k) The annexation is complete. No election has been conducted in the
annexed areas. The Submitting Party believes that no persons reside in the Annexed Area.
(1) See paragraph (c) above. The change will affect the entire jurisdiction of
the Submitting Parry.
(m) The Submitting Party has undertaken the annexation 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 October 1, 2009. 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) The Submitting Party estimates that no persons reside in the Annexed
Area. The Submitting Party estimates that prior to the annexation approximately 31,794 persons
resided within the Submitting Party. The Submitting Party estimates that after the annexation
approximately 31,794 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 Census, 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 annexation is attached as Exhibit B. The
Submitting Party comprises one election precinct for purposes of its elections.
(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. Such approximation was made based upon a careful review by the City
50244002.1
Mr. John K. Tanner
October 20, 2009
Page 4
Staff of the Submitting Parry 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 were provided to us by John Bierschwale,
Assistant City Manager of the Submitting Party. Such approximations were made based upon
information provided by the Submitting Party's engineer.
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.
Respectfully submitted,
CITY OF S
Fulbright & Jaworski L.Li
By: Michael L. Spain
Legal Counsel for the City
Address: Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2200
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
Brenda Dennis, City Secretary, City of Schertz
50244002.1
EXHIBIT A
Annexation Ordinance
50244002.1
STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the 8th day of September, 2009, by Hal
Baldwin, Mayor of the City of Schertz, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for
the purposes therein expressed, in the capacity therein stated, and as the act and deed of the City
of Schertz.
R DA L. STAAB
f SSION EXPIRES
NOVEMBER 3, 2010
STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the 8th day of September, 2009, by
Brenda Dennis, City Secretary of the City of Schertz, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes therein expressed, in the capacity therein stated, and as the act and
deed of the City of Schertz.
MARY L YBARRA
Notary Public
�pf Texas
�r'tEO`E +� �S�,on Expires
05 -01 -2010
50233430.1 4
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EXHIBIT B
Boundary Map Before and After Annexation
50244002.1
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TEXAS COMPTROLLER Of PUBLIC ACCOUNTS
P.O. Box 13528 • AusnN, TX 78711-3528
February 17, 2011
Ms. Brenda Dennis
City Secretary
City of Schertz
1400 Schertz Pkwy
Schertz, TX 78154 -1634
Dear Ms. Dennis:
We have received Schertz annexation ordinance nos. 08 -A -03, 09 -A -38, 10 -A -01, 10 -A -10, 10-
A-19, 10 -A -20, 10 -A -33, 10 -A -34, and the map indicating the property annexed into the City of
Schertz.
The local sales and use tax will become effective April 1, 2011 in the areas indicated on the map.
If you have any questions or need more information, please call me toll free at (800) 531 -5441,
ext. 51907. My direct number is (512) 475 -1907.
Sincerely,
Josh Hastie
Revenue Accounting Division
Tax Allocation Section