2001A27-ANNEXATION MUD 2
ORDINANCE NO.OI-A-.;;J. 7
AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY
LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF THE
TERRITORY COMPRISING GUADCO MUNICIPAL UTILITY DISTRICT NO.2
AND RELATED MATTERS
WHEREAS, the City Council of the City of Schertz (the "City") wishes to annex the territory
described on Exhibit A (the "Annexed Land") comprising GUADCO Municipal Utility District No.2 (the
"District"); and
and
WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City;
WHEREAS, the City Council of the City has conducted two public hearings (i) for which notice was
properly given and (ii) at which people interested in the annexation were given the opportunity to be heard,
all in compliance with Chapter 43 of the Local Government Code, as amended (the "Act"); and
WHEREAS, the City has provided written notice of the annexation of the Annexed Land to each
public school district located in the area of the Annexed Land in compliance with the Act; and
WHEREAS, the City Council has directed the City Manager to prepare a service plan (the "Service
Plan") that provides for the extension of municipal services into the Annexed Land in accordance with the
Act; and
WHEREAS, the Service Plan, which is attached hereto as Exhibit B, has been discussed at such
public hearings; and
WHEREAS, the City has complied with all other requirements of the Act relating to annexation of
the Annexed Land; and
WHEREAS, the City Council of the City finds that (i) the Annexed Land is suitable for municipal
purposes and (ii) 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; and
WHEREAS, the City believes that it is in the best interest of the citizens of the City and the
inhabitants of the Annexed Land that the District is abolished in accordance with the Act.
NOW THEREFORE, BE ITORDA1NED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION I. The City of Schertz hereby annexes the Annexed Land described in Exhibit A.
SECTION 2. The Annexed Land shall be included within the City's corporate limits, effective
December 31, 2001, and all taxable property in the Annexed Land shall hereafter bear its pro rata partofthe
taxes levied by the City.
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SECTION 3. The Service Plan attached as Exhibit B is hereby adopted as a part of this Ordinance.
The Service Plan shall be valid for ten years, and renewal of the Service Plan shall be at the City's discretion.
SECTION 4. The inhabitants of the Annexed Land shall be entitled to all of the rights and privileges
of all the citizens of the City and shall be bound by the acts, ordinances, resolutions, and regulations of the
City.
SECTION 5. The District shall be abolished effectively at midnight on December 31, 2001 and, in
accordance with the Act, the City shall thereupon succeed to all powers, duties, assets, and obligations of the
District.
SECTION 6. This Ordinance shall be in full force and effect from and after its final passage, and
it is so ordained.
[The remainder of this page intentionally left blank}
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-2-
P~ANDAWKOVEDOOfOO'a7;~OL
Mayor
ATTEST:
M;4 c?:;&~#ajf~
PASSED AND FINALLY APPROVED this the2'ft... day, f /Jt"o,,?"'" 2001.
Mayor
ATTEST:
Ilt4 c~ieta!fd
#20019840vl<
S-I
r
Exhibit A
Description of the
Guadco Municipal Utility District No.2
310.3344 Acre Tract
310.3344 acres ofland out of the Rafael Garza Survey No. 98 and the J. F. Zepeda Survey No. 257 located
in both Comal and Guadalupe Counties, Texas and also out of the Pedro San Miguel Survey No. 256 and the
James W. Gray Survey No. 255 located in Guadalupe County, Texas, said tract being a part of a 171. 719 acre
tract described in Vol. 480 page 287 of the Guadalupe County Deed Records and a part ofa 453.754 acre
tract described in Vol. 485 page 529 of the Guadalupe County Deed Records and No. 132860 ofthe Comal
County Deed Records, said 310.3344 acre tract being described as follows:
Beginning at an iron pin marking the lower east corner of said 171 .719 acre tract;
Thence S 59038' W along the lower S.E. boundary of said 171.719 acre tract a distance of 1594.77 ft. to an
iron pin rnarking the lower south corner of said 171.719 acre tract;
Thence N 30013'15" W along the lower S.W. line of said 171.719 acre tract a distance of 717.50 ft. to a
corner of same;
Thence S 64051 '45" Wa distance of 11.02 ft. to a corner of said 171.719 acre tract;
Thence N 30018'30" W continuing along a S.W. boundary of said 171.719 acre tract a distance of 1302.40
ft. to a corner of said tract being a corner on a S.E. boundary of the 495.5424 acre tract referred to as Guadco
Municiple District No.1;
Thence along the boundaries of said 495.5424 acre tract the following courses:
N 59018' E
N 29055'13.8" W
N 350 30' E
N 54030' W
S 35030'W
N 54030' W
S 35030' W
S 47045' W
S 600 04'46.2" W
N 29055'13.8"W
N 26012'05" W
N 29055'13.8" W
N 59045' E
N 65015' E
N 90000' E
N 60046'30" E
N 29013'30" W
N 60046'30" E
tract;
#20019840vl<
620.00 ft.
397.14 ft.
20.48 ft.
970.00 ft.
30.00 ft.
185.00 ft.
390.00 ft.
35.00 ft.
300.00 ft.
521.13 ft.
200.42 ft.
2115.06 ft.
588.00 ft.
1425.00 ft.
499.29 ft.
366.65 ft.
100.00 ft.
138.00 ft. to a point on the upper N.E. boundary jine of said 171.719 acre
A-I
Thence following along the boundary of said 171.719 acre tract the following courses:
S 29013'30" E
S 12000'45" E
S 30043' E
N 80039' E
S 29057' E
more or less.
2639.92 ft.
2502.99 ft.
500.10 ft.
12.91 ft.
320.55 ft. to the point of beginning and containing 310.3344 acres
#20019840vl<
A-2
Description ofthe
Guadco Municipal Utility District No.2
76.88 Acre Tract
76.88 acres ofland out of the Rafael Garza Survey No. 98, and the J. F. Zepeda Survey No. 257, located in
Comal County, Texas said 76.88 acre tract being described as follows:
Beginning at a point marking the, westerly corner of said 76.88 acre tract, said point being on the
Comal-Guadalupe County Line;
Thence along the boundaries of said 76.88 acre tract the following courses;
N 29055' 13.8" W
N 59045' 00" E
N 65015' 00" E
N 900 00' 00" E
N 600 46' 30" E
N 290 13' 30" W
N 60046' 30" E
1,089.99 ft.
588.00 ft.
1,425.00 ft.
499.29 ft.
366.65 ft.
100.00 ft.
138.00 ft. to a point on the upper N. E. boundary line of said 76.88 acre tract;
Thence, with the east line of said 76.88 acre tract, S 290 13' 30" E, 1,158.83 ft. to a point on the Comal-
Guadalupe County Line;
Thence, with the Comal- Guadalupe County Line, S 660 52' 04" W, 2,952.39 ft. to the Point of Beginning
and containing 76.88 acres more or less.
#20019840vl<
A-3
Exhibit B
City of Schertz
Annexation of a part of Scenic Hills (Guadco MUD 2)
The City of Schertz, Texas, proposes and adopts the following plan:
A. That upon installation of water and sewer lines as required by ordinances of the City, the City will
permit those services to be used according to the general standard and cope of those types of services
furnished by the City in other areas of the City of Schertz which have characteristics of topography,
patterns of land utilization, and population density similar to this area being annexed.
B. That law enforcement service, animal control services, fire department services, and emergency
medical services will be provided by the City of Schertz according to the general standard and scope
of those services furnished by the City in other areas of the City of Schertz which have
characteristics of topography, patterns of/and utilization, and population density similar to this area
being annexed.
C. That planning services, building inspections and code enforcement services will be made available
by the City of Schertz according to the same standard and scope of that type of service made
available by the City in other areas of the City of Schertz, Texas.
D. That library services will be made available by the City of Schertz according to the same standard
and scope of that type of service made available by the City in other areas of the City of Schertz,
Texas.
E. That functions of public works department including street repair and maintenance, drainage, parks
and recreation services will be made available by the City of Schertz according to the sarne standard
and scope of that type of service made available by the City in other areas of the City of Schertz,
Texas which have characteristics of topography, patterns of/and utilization, and population density
similar to this area being annexed.
F. That garbage collection service will be made available by the City of Schertz according to the sarne
standard and scope of that type of service made available by the City in other areas of the City of
Schertz, Texas.
G. That all other utilities available within the present corporate limits of the City of Schertz will be made
available to this area being annexed according to the capabilities of those companies providing those
utilities and according to any agreement, contract, or franchise that may exist between those
companies and the City of Schertz.
H. That this area being annexed and the residents thereof are entitled to the amenities of the City of
Schertz to the equal degree ofthe citizens presently within the corporate limits ofthe City of Schertz.
I. That the area being annexed and the residents thereof are entitled to and shall be governed by the
Charter of the City of Schertz and all statutes, ordinances, policies and any and all other governing
directives that exist or may ever exist for those residents presently within the corporate limits of the
City of Schertz.
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B-1
J. That if this area being annexed is ever de-annexed, then only those laws, rules, regulations,
ordinances and any and all other governing directives that may apply to areas of/and within the extra
territorial jurisdiction of the City of Schertz will be in effect.
K. That it is the intent of the City of Schertz to comply with the laws of the State of Texas that relate
to the annexation of territory.
L. That the provisions of this plan will commence upon the effective date of an approved and adopted
ordinance annexing this territory into the corporate limits of the City of Schertz.
#20019840vl<
B-2
EXHIBIT 2A
COMALCOUNTY
DESCRIPTION OF THE
GUADCO MUNICIPAL UTILITY DISTRICT NO, 2
76.88 ACRE TRACT
Cornall.S.D. &
GUADCO MUD No.2
Project No. 1121.GUADCO 2A
Septernber28,2001
76.88 acres of land out of the Rafael Carza Survey No. 98, and the J. F. Zepeda
Survey No. 257, located in Comal County, Texas said 76.88 acre tract being described
as follows:
Beginning at a point marktng the, westerly corner of said 76.88 acre tract, said
point being on the Comal - Guadalupe County Line;
Thence along the boundaries of said 76.88 acre tract the following courses;
N 29055' 13.8" W 1,089.99 ft.
N 59045' 00" E 588.00 ft.
N 650 15' 00" E 1,425.00 ft.
N 90000' 00" E 499.29 ft.
N 60046' 30" E 366.65 ft.
N 290 13' 30" W 100.00 ft.
N 60046' 30" E 138.00 ft. to a point on the upper N. E.
boundary line of said 76.88 acre tract;
Thence, with the east line of said 76.88 acre tract, S 290 13' 30" E, 1,158.83 ft. to
a point on the Comal - Guadalupe County Line;
Thence, with the Comal - Guadalupe County Line, S 66052' 04" W, 2,952.39 ft.
to the Point of Beginning and containing 76.88 acers more or less.
EXHIBIT 2B
GUADALUPE COUNTY
Schertz-Cibolo I. S.D. &
GUADCO MUD No.2
Project No. 1121.GUADCO 28
Seplernber 28, 2001
DESCRIPTION OF THE
GUADCO MUNICIPAL UTILITY DISTRICT NO, 2
233.45 ACRE TRACT
233.45 acres of land out of the Rafael Carza Survey No. 98, and the J. F.
Zepeda Survey No. 257, located in both Comal and Guadalupe Counties, Texas and
also out of the Pedro San Miguel Survey No. 256, and the James W. Gray Survey No.
255, located.in Guadalupe County, Texas, said tract being a part of a 171.719 acre
tract described in Vol. 480 page 287 of the Guadalupe County Deed Records and a
part of a 453.754 acre tract described in Vol. 485 page 529 of the Guadalupe County
Deed Records and No. 132860 of the Comal County Deed Records, said 233.45 acre
tract being described as follows:
Beginning at an Iron pin marktng the, lower east corner of said 171.719 acre tract;
Thence S 59038' W along the lower S. E. boundary of said 171.719 acre tract,1594.77
ft. to an Iron pin marking the south corner of said 171.719 acre tract;
Thence N 300'13'15" W along the lower S.w, line of said 17719 acre tract a distance of
717.50 ft. to a corner of same;
Thence S 64051'45" W a distance of 11.02 ft to a corner of said 171,719 acre tract;
Thence N 30018' 30' W continuing along a S.w. boundary of said 171,719 acre tract a
distance of 1,302.40 ft. to a corner of said tract being a corner on a S. E. boundary of
the 495.5424 acre tract referred to as Guadco Municiple District No.1;
Thence along the boundaries of said 495.5424 acre tract the following courses;
N 590 18' 00' E
N 290 55' 13.8" W
N 350 30' 00' E
N 54030' 00" W
S 350 30' 00' W
N 54030' 00' W
S 35030' 00' W
S 470.'45' 00' W
S 600 04' 46.2" W
620.00 ft.
397.14 ft.
020.48 ft.
970.00 ft.
030.00 ft.
185.00 ft.
390.00 ft.
035.00 ft.
300.00 ft.
N 29055' 13.8" W
N 260 12' 05" W
N 290 55' 13.8" W
Comal - Guadalupe County Line;
Thence with the Comal - Guadalupe County Line, N 660 52' 04" E, 2,952.39 ft. to a
point on the upper N. E. boundary line of said 171.719 acre tract;
521.13 ft.
20b.42 ft.
1,025.07 ft. to a point of intersection on the
Thence following along the boundary of said 171.719 acre tract the following courses:
S 290 13' 30" E 1,481.07 ft.
S 12000' 45" E 2,502.99 ft.
S 30043' 00" E 500.00 ft.
N 80039' 00" E 12.91 ft.
S 29057' 00" E 320.55 ft. to the Point of Beginning and
containing 310.3344 acers more or less.
J{
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--//
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. EXHIBIT 2B
GUADCO MUD NO. II
GUADALUPE COUNTY
FORD ENGINEERING, INC.
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
300 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 78205-3792
WWW.FULBRIGHT.COM
MICHAEL L SPAIN
PARTNER
MSPAI N@FULaRIGHT.COM
DIRECT DIAL:
TELEPHONE:
FACSIMILE:
(210) 270-7184
(210) 224-5575
(210) 270-7205
February 24, 2003
Mr. Jon Gary Herrera
Director of Public and Governmental Mfairs
Time Warner Cable
84 N. E. Loop 410, Suite 200
San Antonio, Texas 78216
Re: Annexation by the City of Schertz of the Territory Comprising GUADCO
Municipal Utilitv District Nos. I and 2
Dear Herrera:
I am City Attorney for the City of Schertz (the "City").
Please be aware that, effective at midnight December 31, 2001, the City annexed all of
the territory comprising GUADCO Municipal Utility District Nos. I and 2. I enclose a copy of
the two ordinances of the City finally adopted on December 4, 2001, effecting the annexations
and describing on Exhibit A of each the exact property annexed into the City. I also enclose a
list of addresses in the annexed property as of the date of annexation.
Please record the annexations in your records so that City franchise fees may be collected
in the newly-annexed area.
MLS/mjw
Enclosures
cc: Mark Marquez, City Manager, City of Schertz (w/o enclosures)
20052662.1
AUSTIN. DALLAS. HONG KONG. HOUSTON. LONDON. Los ANGELI::S . MINNEAPOLIS. MUNICH. NEW YORK. SAN ANTONIO. WASHINGTON DC
'-
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
300 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 78205-3792
WWW.FULBRIGHT.COM
MICHAEL L. SPAI N
PARTNER
MSPAl N@FUL8RIGHT,COM
DIRECT DIAL:
TELEPHONE:
FACSIMILE:
(210) 270-7184
(210) 224-5575
(210) .270-7205
February 24, 2003
Mr. Hayden Childs
Telecommunications Department
Texas Public Utility Commission
170 I North Congress Avenue
Austin, Texas 78711-3326
Re: Proiect 23379
Dear Mr. Childs:
I am City Attorney for the City of Schertz (the "City").
Please be aware that, effective at midnight December 31, 2001, the City annexed all of
the territory comprising GUADCO Municipal Utility District Nos. I and 2. I enclose a copy of
the two ordinances of the City finally adopted on December 4, 2001, effecting the annexations
and describing on Exhibit A of each the exact property annexed into the City. I also enclose a
list of addresses in the annexed property as of the date of annexation.
Please record the annexations in the Commission's records so that the newly-annexed
area may be included in determining the City's right-of-way fees pursuant to Chapter 283 of the
Texas Local Government Code, as amended.
Very
~
MLS/mjw
Enclosures
cc: Mark Marquez, City Manager, City of Schertz (w/o enclosures)
20052665.1
AUSTIN. DALLAS. HONG KONG. HOUSTON. LONDON. Los ANGlClES. MINNEAPOliS. MUNICH. NEW YORK. SAN ANTONIO. WASHINGTON DC
FULBRIGHT & ~AWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
300 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 78205-3792
WWW.FULBRIGHT.COM
MICHAEL L. SPAIN
PARTNER
MSPAI N@FULBRIGHT.COM
DIRECT DIAL:
TELEPHONE:
FACSIMILE:
(210) 270-7184
(210) 224-5575
(210) 270-7205
February 24, 2003
Cathy Candelario
SBC Commlll1ications
175 East Houston, Room 4J4
San Antonio, Texas 78205
Re: Annexation by the City of Schertz of the Territory Comprising GUADCO
Municipal Utilitv District Nos. I and 2
Dear Ms. Candelario:
I am City Attorney for the City of Schertz (the "City").
Please be aware that, effective at midnight December 31,2001, the City annexed all of
the territory comprising GUADCO Municipal Utility District Nos. I and 2. I enclose a copy of
the two ordinances of the City finally adopted on December 4, 2001, effecting the annexations
and describing on Exhibit A of each the exact property annexed into the City. I also enclose a
list of addresses in the annexed property as of the date of the annexation.
Please record the annexations in your records so that the newly-annexed area is included
in determining the City's right-of-way fees pursuant to Chapter 283 of the Texas Local
Government Code, as amended.
Very
Michael L. Spain
MLS/mjw
Enclosures
cc: Mark Marquez, City Manager, City of Schertz (w/o enclosures)
20052664.1
AUSTIN. DALLAS. HONG KONG. HOUSTON. LONDON. Los ANGELES. MINNEAPOLIS. MUNICH. NEW YORK. SAN ANTONIO. WASHINGTON DC
,.
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PUBLISHER'S AFFIDAVIT
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THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Tommy Crow , known to me, who, being by me duly sworn, on
his oath deposes and says that lie is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper \ time(s) before the return day named therein, such
publications being on the following dates:
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and a newspaper copy of which is hereto attached.
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S 0 and subscribed before me this 7Luay of
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, AD'2001'a~
~~~~~~~~~~~;~~~~~~~~~~~~~~~
"~",,pue :.>
~ ,p" . '0 CAROL P.NN AVERY 1::
..,.,/~._.t:( *. NOtJry.PH\';l\CSi:\!:IC.flm\1l :;
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Notary Public, Guadalupe County, Texas
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