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79A18-Annexation of 300 acres
ORDINANCE N0. ~79~ /9''-'/ d AN ORDINANCE / ' PROVIDING FOR THE EXTENSION OF THE BOUfJDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTAINING APPROXIMATELY 300 ACRES OUT OF GUADALUPE AND COMAL COUNTIES. WHEREAS, the hereinafter described tract of land adjoins the • corporate limits of the City of Schertz, Texas, and does not exceed one . (1) mile in .width; and 'WHEREAS, a public hearing on the question of whether said land ` should be annexed to and become a part of the City of Schertz, Texas, was • duly called and notice thereof given and said public hearing has been had, all in accordance with law; and WHEREAS, by the passage of this ordinance annexation of said territory will have been brought to completion within ninety (90) dyas of the institution of annexation proceedings; and WHEREAS, the City Council of the City of Schertz, Texas, is of the opinion and finds that such territory is suitable for municipal pur- poses and that it is in the best interest of the City of Schertz, Texas, and the citizens and inhabitants thereof that said territory be annexed to and made a part of said city; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT the following described territory contianing approxi- mately 300 acres lying adjacent to and adjoining the City of Schertz, Texas, be, and the same is hereby added to the City of Schertz, Texas, and said territory shall hereinafter be included within the boundary limits of said City and the various points contiguous to the area described are hereby altered and amended so as to include said land and territory within the coprorate limits of the City of Schertz, Texas; said land being more parti- cularly described by metes and bounds as follows: TRACT #3 Beginning at a point in the City Limit Line of the .City of Schertz, Texas which is the point of intersection of a CUT- OFF in the North line of IH 35 and the East line of Lookout Road; Thence North 30° 08' West, 3620' (more or less) with the East right-of-way line of Lookout Road to an angle in Lookout Road; Thence South 60° West, 100' (more or less) to a point, being the intersection of the North right- of-way line of Lookout Road and the West line of the Clarence Dolle tract; Thence North 31° 30' West, 380' (more or less) along the West line of the Clarence Dolle tract to a point; Thence North 60° East, 2330' (more or less) with the City Limits of the City of Schertz to a point; Thence South 30° East, 2640' with the City Limits of the City of Schertz to a point; Thence North 60° East, 26.40' with the City Limits of the City of Schertz to a point; Thence South 30° East, 1265' (more or less) with the City Limits of the City of Schertz to a point, said point being in the North right-of-way of IH 35; Thence South 55° 28' West, 430' (more or less) to a point in the North right-of-way of IH 35; Thence along the North right-of-way line of IH 35 as follows: South 57° 23' West, 973.60'; South 60° 02' West, 3093.70'; South 56°.26'.36" West, 287.7.0'; Thence North 75° 04' West, 70.80' to the point of beginning and containing 300 acres (more of less) . • ~ ~ it li i ' i 4" ~ 1 _ ~ ~~~yv I I1 - - -----~1--~ I`" - J _ . T--- ~ t _ _ ~ - - i - - - ~ ~ ~ - - ~ Fes' ° y ~ - - ~ _ ~ 1 - !1 _ - - - - - - - - _ - . _~^o i t ~ ~ - ~ 1----~ - - ~ _ ~ ~ i 1 - ~ - fig---- - y ~ i 1 1 I ~1 i ~ ~ C, g ~a I " ~ i •j ~-1 lr'~ 1 ~ „~sr' Ct ~f 1 ~ - i i ~ .~i ~ - r n o ~ o ~ j n • b ~ ~ i A ~ m~ n ~ Z ` ~ ~ ~ 'i , ~y ~N - oo II THAT the territory so described and the areas so annexed shall hereafter be a part of the City of Schertz, Texas and all taxable property situated therein shall hereafter bear its pro rata part of the taxes levied by the City of Schertz, Texas and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Schertz, Texas PASSED, APPROVED AND ADOPTED this the day o f ~c-~~~(~-~-C. , 19~~. ayor, City of Sc ertz, Texas ATTEST: C} ecretary, Ci jr of Schertz (SEAL OF CITY) causedyby annexation,~this form must be completed for each separate annexation action). 1. Type of municipality A. x Nome Rule Charter B. Special Charter C. _ General Law City (under - - Title 28 of Texas Revised Civil Statutes) If Home Rule Charter or Special Charter, has municipal governing body chosen to adopt incorporation laws of Title 28 of TEX. FEV. CIV. STAT. ANN. in lieu of their charter? YES NO x . If answer is yes, answer following questions as if a general law city. 2. If Home Rule or Special Charter City, does charter specify how annexation is to be accomplished? YES x NO If yes, when was such provision adopted? April 6, 1974 3. Annexation was accomplished by: x Ordinance (If by ordinance, attach copy of ordinance) Charter Amendments; Other, explain: 4. Effective date of this annexation? October 2, 1979 5. Date annexation proceedings instituted (e.g., first reading or ordinance). sept. l8, 1979 6. Was public hearing held on the annexation 10 to 20 days prior to institution of annexa- tion proceedings? YES x NO Give date(s) Sept. 4, 1979 7. Was notice of hearing published in newspaper of general circulation in the city and territory? YES x NO _ Name of newspaper The Weekly Herald Date(s) published August 16, 1979 8. Was notice of annexation given by certified mail to each railroad company serving the city with right-of-way in annexed territory? YES _ NO Date sent: Railroad Company 9. Attach map showing city limits previous to this annexation, limits of extraterritorial jurisdication prior to this annexation, and local of newly annexed territory. 10. A. Total corporate area of municipality as of January 1 of calendar year in which this annexation became effective. 4,310.392 acres B. Total area annexed in the calendar year in which this annexation became effective (including this annexation). inn ~rPS (a) Which is ovrned by the city, county, state or federal government ana used for a public purpose? Acres or square miles (identify which). - (b) Which was annexed by a request of majority of resident voters of territory and/or the owners of the land involved? Acres or square miles (identify which). - i (2) For that calendar year, was municipality authorized to annex more than 10~ of its total area (as of the first of the calendar year in which this annexation became effective) due to carry-over of previous years' unused annexation allo- cations? YES NO If yes, state year(s) in which carry-over allocations originated, and amount of area carried over. Is width of newly annexed area 500 feet or more at the narrowest point? YES x NO _ If no, was annexation initiated upon written petition of the owner(s) or of a majority of the qualified voters of the area to be annexed? YES NO Does newly annexed territory include any territory within the city limits or extra- territorial jurisdiction to another city? YES NO x '3. Had residents in the annexed territory begun any procedures for municipal incorporation of all or part of the area annexed? YES NO x 4. If annexing city is a general law city, did majority of the qualified voters of the territory annexed signify their approval of the annexation? YES NO If yes, in what manner? Petition Balloting Other 5. A. Population of annexing city according to last preceding Federal decennial census. 4016 B. Population of annexing city immediately prior to this annexation. 7610 $OUi"Ce of Data Bureau of Census - July 1977 C. Estimated population of area annexed Five Households '6. Is this a general purpose, rather than a special purpose annexation? YES x NO !7. Was valid contract between municipality and owners of land in designated industrial district exempting the area from annexation in effect at effective date of annexa- tion? YES NO -2- (z) (3) 19. t~'as annexation accomplished by charter amendment? If yes, complete the following: (A) Date of passage of ordinance submitting amendment for vote: (B) Date when election held: {C) Dates of publication notice of election in newspaper of general circulation: Name of newspaper (D) Was authenticated copy of the amendment showing its approval by voters sent to Secretary of State? YES NO (E) Was this charter election at least two {2) years after the last amendment of the charter? YES NO Name, title, mailing address, and phone number of person completing questionnaire: Name' Glynn A. Stanhope Tltle Administrative Assistance Address: P•0. Drawer 1 Schertz, TX 78154 Phone: (512) 658-7477 OFFICIAL ANNEXATION CERTIFICATION I June G. Krause ~ - City Secretar Official Tit e of the City of Schertz certify that the information provided herein is complete and correct. I further certify that to the best of my knowledge the boundary change(s) described herein was accomplished with all applicable Texas laws. i Signa re -3- UNITED STATES DEPARTMENT OF JUSTICE WASHINGTON, D.C. 20530 ~ a Address Reply to the Division Indicated and Refer to Initials and Number DSD:JMC:VT:rjs DJ 166-012-3 C7745-7747 Mr. Jimmy G. Gilmore City Manager ~ Post Office Box Drawer 1 Schertz:,. Texas 78154 Dear Mr. Gilmore: This is in reference to the three annexations (Ordinance Nos. 79-A-18, 79-A-19, and 79-A-20) to the City. of Schertz, Bexar County, .Texas, ,submitted to the Attorney General pursuant ao Section 5 of the Voting Rights Act of 1965, as amended. Your submission was received on November 28, 1979. The Attorney General does not interpose any objections to the changes in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to: object :does not bar any subsequent judicial action to enjoin the enforcement of such changes. For your guidance in future submissions, we would like to point out that the Procedures for the Administra- tion of Section 5 of the Voting Rights Act (2.8 C.F.R. 51.5), a copy of which is enclosed, require that submissions to the Attorney General be made in duplicate. Sincerely, DREW S. DAYS III Assistant Attorney General Civil Rights Division By: ERALD W. JO ES Chief, Voting Section Yi . U.S. Department of Justice 4 WBR : CWG: ELG: vsb : sw Washington, D.C. 20530 DJ 166-012-3 H2401 H3777-3778 ~H3907 H6290-6291 September 19, 1983 Ms. June G. Krause City Secretary P . 0 . Drawer I Schertz, Texas 78154 Dear Ms. Krause: This is in reference to the three annexations to . (Ordinance Nos. 79-A-18, 79-A-19, and 79-A-20), and two deannexations from (Ordinance Nos. 82-A-7 and 82-A-8), the City of Schertz in Guadalupe County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on July 20, 1983. Also, as we stated in our letter of August 4, 1983, we have given simultaneous review to annexation Ordinance No. 83-A-5, which was submitted on June 9, 1983, but on which no determination could be made prior to our receipt of the former annexation and deannexation actions. The Attorney General does not interpose any objections to the changes in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object _ does not bar any subsequent judicial action to enjoin the enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.48). Sincerely, t~?m. Bradford Reynolds Assistant Attorney General Civil Rights Division By~~ l Gerald W. Jones Chief, Voting Section COUNTY OF GUADALUPE ~ CITY OF~ SCHERTZ ~ On this, the 2 day of October,.._.1979 at 7:00 o'clock P.M., the City Council of the City of Schertz,• Texas., convened at a regular meeting at the regular meeting place in the Municipal Building in the City of Schertz, Texas, pursuant to due call and notice to all of the members of said City Council, which meeting was at all times open to the public, and at which meeting the following members were present; to-wit: Robert C. Bueker MAYOR Walter F. Schneider COUNCILMEMBER Jack M. Stomackin, Sr. COUNCILMEMBER Richard L. Howe ~ COUNCILMEMBER Gail Hyatt COUNCILMEMBER • Earl W. Sawyer COUNCILMEMBER 'ABSENT and June G. Krause CITY SECRETARY Jimmy G. Gilmore CITY MANAGER There being a quorum present, the meeting was called to order by the Mayor, and, among other proceedings had were the following: The Mayor introduced the hereinafter set forth ordinance, which has a. been read and considered at the last regular meeting of .the City Council on the X1.8 day of Sep~tember,~T979 . It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official City newspaper after its consideration at the last regular meeting of the City Council and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. • Thereupon it was moved by Councilmember Earl W. Sawyer and seconded by Councilmember Walter F. Schneider that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council .and the ordinance was finally passed and adopted by the following vote: AYES: All Councilmembers present voted "Aye" NAY:S;~. None • LEGAL NOTICES CITYY OF SGHERTZ LEGAL NOTICES ORDINANCE 79-A-18 AN. ORDINANCE -PROVIDING FO~Ft THIJ EX- TENSION OF TIiiJ BOUN- DARY LINES.OF TIfE CITY OF SCHEftTZ, TEXAS, BY 'THE ANNEXATION OF A J TRACT OF LAND CON- TAINING AP- PROXIMATELY 30© ACRES. OUT OF GUADALUPE AND COMAL COUNTIES. PASSED, APPROVED AND ADOPTED the 2 day of October, 1979. June G. Krause City Secretary, City of Schertz 41(lc.