79A23-Annexation of 335 acres ORDINANCE NO.--~ ~y
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AN ORDINANCE
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PROVIDING FOR THE EXTENSION OF THE BOUfdDARY LINES
OF THE CITY OF SCHERTZ, TEY,AS, BY THE ANNEXATION OF
335 ACRES OF LAND }FORE OR LESS OUT OF GUADALUPE
COUNTY.
l~lHERFAS, the hereinafter described tract of land adjoins the
corporate limits of the City of Schertz, Texas, and does not exceed one (1)
mile in r~~idth; and
l~;l-IEREAS, a public hearing on the question of ~ti~hether 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
1~1HEREAS, by the passage of this ordinance annexation of said
territory will have been brought to completion within ninty (90) days of
the institution of annexation proceedings; and
t~Jl-{EREAS, the City Council of the City of Schertz, Texas is of
the opinion and finds that such territory is suitable for municipal purposes
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:
1
THAT the following described territory containing 335 acres,
more or less, 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 her°einafter be included within the boundary lines 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 corporate limits of the
City of Schertz, Texas; said land being more particularly described by metes
and bounds as follows:
acre tract;
T}-}ENCE N 60o E, 120' to a point in the East right-of-way line of FM 3009
and continuing a total of 3,920 feet Wore or less to a point, said point being
the Northeast corner of the Guadalupe County Joint Venture, 220 acre tract;
Tl1ENCE N 290 49' W, ?_,850 feet more or Less to a corner, said corner being
the Northeast corner of the Gladys K. Friesenhahn tract;
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T}lENCE S 600 t,T, 400'. ~ more or less to a point, said point being in the inter-
section of the Northwest property line of the Gladys K. Fi~esenhahn tract and
the Northeast property line of the Evelyn K. Ripps 160 acre tract;
'T}IENCE N 300 T,T, 2,100 feet more or less along the East boundry or the said Evelyn j
K. Ripps tract to a point being the Northeast corner of the Evelyn K. Ripps tract
and the Southeast corner of the W. E. Dean 74.003 acre tract;
THENCE S 600 W, 2,350 feet more or less along the South boundry of the said W. E.
Dean tract to a point being the Southeast corner of the said W. E. Dean tract;
THENCE continuing S 600 W, 1,000 feet more or less along the existing City limits
of the City of Schertz to a point in the east right of way of FM 3009 said point
being tl~e intersection of the southeast property line of the Roy Richard, 18
acre tract and the east right of way line of FM 3009;
THENCE S 300 E, 2,1.00 feet more or less along the meanders of the east right
of ~vay line of FM 3009 to a point, said point being the intersection of the
northwest right of way .line of Crest Oak and the east right of way line of
FM 3009;
THENCE along the northwest right of way of Crest Oak N 600 43'33" E, 392.85
feet;
THENCE N 600 18'07" E, 359.52 feet;
T1jENCE N 60016' 10" E, 445.97 feet;
THENCE N 600 E, 1322 feet more or less along the northwest property line
of the Gladys K. Friesenhahn tract;
THENCE S 300 E, 1160 feet more or less to a point in the south line of the
Gladys K. Friesenhahn tract;
THENCE S 600 tti', 2520 feet more or less with the south line of the Gladys
K Friesenhahn tract and the south line of the Oak Forest subdivision and i
continuing S 600 W, 120' to the west right of way line of FM 3009;
THENCE S 290 49'E, 1,673 feet more or Less along the west right of way
line of FM 3009 to the point of beginning and containing 335 acres more or ~
less.
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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 thi s the____~
day of____ ~ 19___~~____
~
t~"`ayor, City of Schertz, Texas
ATTEST:
~,~~t;~2---
Ci Secretary, City of Schertz
(SEAL OF CITY)
COUNTY OF GUADALUPE ~
CITY OF` SCHERTZ ~ ~
On this, the 4 day of December, 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 MRYOR
Earl ~W. Sawyer COUNCILMEMBER
Richard L. Howe COUNCILMEMBER
Gail Hyatt ~ COUNCILMEMBER
Walter F. Schneider COUNCILMEMBER
• Jack M. StomaGkin, Sr. 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
been read and considered at the Last regular meeting of the City Council on the
F 20 day of November, 1979 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 Richard L. .Howe
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"
t~~Y:~ ~ None
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"•r w. .~~~u~uVC uiu~c haLlVil aI.LI V11~.
1. Type of municipality
A. x Home 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 I
incorporation laws of Title 28 of TEX. FEV. CIV. STAT. ANN. in lieu of their charter?
YES NO x. If anstiver is yes, ans~,•;er follot•;ing 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, ~•rhen ~~as such provision adopted? April 6, 1974
3. Annexation was accomplished by:
_ x Ordinance (If by ordinance, attach copy of ordinance)
Charter Amendments; _ Other, explain:
Effective date of this annexation? December 4, 1979
Date annexation pi°oceedings instituted (e. g., first reading or ordinance). Nov_. 20, 197.9_
k~as public hearing held on the annexation 10 to 20 days prior to institution of ann~xa-
tion proceedings? YES x NO Give date(s) November 6, 1979
lti'as notice of hearing published in newspaper of general circulation in the city and
territory? YES x NO - P,ame of newspaper J_` The Valley News _ -
Date(s) published October I8, 1979
bJas notice of annexation given by certified mail to each railroad company serving tre
city with right-of-way in annexed territory? YES NO Date sent:
Railroad Company - - -
Attach map showing city limits previous to this annexation, limits of extraterritorial
jurisdication prior to this annexation, and local of newly annexed territory.
A. Total corporate area of municipality as of January 1 of calendar year in which this
annexation became effective, r~~p_~92 ~~r~s
B. Total area annexed in the calendar year in which this annexation became effective •
(including this annexation). 637.928 acres f,
F
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used fora public purpose? None
Acres or square miles (identify which). -0-
(b) hrhich was annexed by a request of majority of resident voters of territory
and/or the o~•rners of the land involved? None
Acres or square miles (identify ~~rhich). -0-
(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 x NO
If yes, state year(s) in ~,~hich carry-over allocations originated, and amount
of area carried over. 1977--156.9302 acres~_ 1978-=4~~~439_2_a~r_e~G-,' ~g7~==
431.0392 acres.
1. Is width of newly annexed area 500 feet or more at the narrowest point? YES ~ NO _
If no, was annexation initiated upon written petition of the otrner(s) or of a majority
of the qualified voters of the area to be annexed? YES NO _ X
2. Does newly annexed territory include any ter°ritory 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 Ealloting _ Other
A. Population of annexing city according to last preceding Federal decennial census.
4016
B. Population of annexing city immediately prior to this annexation. 7610
SOUrCe of Data Bureau of Census - July 1977
C. Estimated population of area annexed _Three Households
5. Is this a general purpose, rather than a special purpose annexation? YES x NO
7. ~das 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
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(3)
i9• ti,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 ne~~;spaper of general circulation:
Name of newspaper
(D) l~;as authenticated copy of the amendrr~nt sho~vi ng i is approval by voters sent to
Secretary of State? YES NO
(E) tdas this charter election at least two 2 0 '
charter? YES NO ( ) years after the last amendm~nt of the
ame, title, mailing address, and phone nur~ber of person completing questionnaire:
dme: Glynn A. Stanhope
_ Title Administrative Assistance
ddress: P.O. Drawer 1 Schertz, TX 78154
_ Phone: (512) 658-7477
OFFICIAL ANNEXATION CERTIFICATION
- June G. Krause - _ City Secretary
~Off~cial Titled
the City of Schertz certify that the information provided
rein is complete and correct. I further certify that to the best of my knowledge the
undary change(s) described herein was accomplished with all applicable Texas laws.
Signatu e
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RESOLUTION N0. ~9~ I1
A RESOLUTION
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BY THE CITY COU~~CIL OF THE CITY OF SCHERTZ, TEXAS,
SETTING A TIME, DATE Ai~JD PLACE FOR A PUBLIC HEARING
PURSUAidT TO '?HE PP.OPOSED APJPJEXATION OF 350 ACRES
OF LAID t~10RE OR LESS OUT OF GUADALUPE COUNTY.
1,lHEREAS, the City Council of the City of Schertz, Texas
desires to institute annexation proceedings concerning the territory des-
cribed herein, and
I•JHEREAS, in accordance with Section 6, Article 970a, Vey°non's
Texas Civil Statutes, a public hearing is r°equired, fdOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT a public hearing is hereby scheduled for 7:00 P.M.
November 6, 1979, to be held in the Council Chambers of the Municipal
Building, 1400 Live Oak Road, Schertz, Texas, to obtain the views of the
public concerning the proposed annexation of the following territory:
i
acre tract;
THENCE N 60° E, 120' to a point in the East right-of-way line of FM 3009
and continuing a total of 3,920 feet nore or less to a point, said point being
the Northeast corner of the Guadalupe County Joint l'enture, 220 acre tract;
THENCE N 29° 49' W, 2,850 feet more or less to a corner, said corner being
the Northeast corner of the Gladys K. Friesenhahn tract;
THENCE S 60° W, 400'. _ more or less to a point, said point being in the inter-
section of the Northwest property line of the Gladys K. Friesenhahn tract and
the Northeast property line of the Evelyn K. Ripps 160 acre tract;
T'~iENCE N 300 [,T, 2,100 feet more or less along the East boundry or the said Evelyn
K. Ripps tract to a point being the Northeast corner of the Evelyn K. Ripps tract
and the Southeast corner of the W. E. Dean 74.003 acre tract;
THENCE S 60° W, 2,350 feet more or less along the South boundry of the said 47. E.
Dean tract to a point being the Southeast corner of the said W. E. Dean tract;
THENCE continuing S 600 W, 1,000 feet more or less along the existing City limits
of the City of Schertz to a point in the east right of way of FM 3009 said point
being the intersection of the southeast property line of the Roy Richard, 18
acre tract and the east right of way line of Fit 3009;
THENCE S 300 E, 2,100 feet more or less along the meanders of the east right
of way line of FM 3009 to a point, said point being the intersection of the
northwest right of way line of Crest Oak and the east right of way line of
FM 3009;
THENCE along the northwest right of way of Crest Oak N 600 43`33" E, 392.85
feet;
THENCE N 60° 18'07" E, 359.52 feet;
THENCE N 60016' 10" E, 445.97 feet;
THENCE N 600 E, 1322 feet more or less along the northwest property line
of the Gladys R. Friesenhahn tract;
THENCE S 300 E, 1160 feet more or less to a point in the south Line of the
Gladys K. Friesenhahn tract;
THENCE S 600 W, 2520 feet more or less with the south line of the Gladys
K Friesenhahn tract and the south line of the Oak Forest subdivision and
continuing S 600 W, 120' to the west right of way line of FM 3009;
THENCE S 290 49'E, 1,673 feet more or Less along the west right of way
line of FM 3009 to the point of beginning and containing 335 acres more or
less.
PASSED, APPROVED AND ADOPTED this the__~° day of__~~__~r!/~~~__,
19_~~ .
AT FST: 1.layor, City of Schertz, Texas
2~~. .sr?.~
• City Secre ary, City of Schertz
AL OF CITY)
December 20, 1979
Assistant Attorney General
Civil Rights Division
Department of Justice
Washington, DC 20530
RE: City of Schertz, Texas, Subdivision Under Section 5,
Voting Rights Act
Dear Sir:
This is a submission concerning two (2) annexations of the
City of Schertz, Texas.
For the purpose of clarity, the annexations will be
numbered A-58 and A-59.
Enclosed in this submission are copies of documents
which are relevant to each annexation. These documents
include:
(1) Copies of the Annexation Ordinance for each
annexation.
(2) Copies of the Public Hearing Resolution for each
annexation.
(3) Map of each annexation.
(4) Example copy of a letter sent to notify property
owners.
(5) Map of the City of Schertz showing the two
current annexations.
ANNEXATION ORDINANCES
Reference Number Date Annexation Ordinance
A-58 12-04-79 79-A-23
A-59 12-04-79 79-A-24
P.O. DRAWER f SCHERTZ, TEXAS 7$154 PHONE 512-658-7477
_
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REASON FOR ANNEXATION
~ ~
The two annexations was done to provide continunity to the
City Limit on FM 3009.
There is no past or pending litigation connected with the
two annexations. All annexations were carried out by
(Ordinance by the City Council, in accordance with applicable
State Statutes.
The map of the City of Schertz shows current City boun-
daries and also shows the date of the annexation and the
acreage of each annexation.
The two current annexations have increased the population
by five household: The proportion of ethnic minorities
in the City has not been affected by the two annexations.
All residents of the annexed areas, if they are. registered
to vote; under the laws of the State, are eligible to vote
in all municipal elections.
Futhermore, none of the annexations were enacted with the
purpose of abridging any persons right to vote.
Your consideration of this request is appreciated.
Sincerely,
.
•Jimmy G. Gilmore
City Man ger
JGG/gs
Enclosures
CITY OF SCHERTZ
ORDINANCE NO. 79-A-23
AN ORDINANCE PRO~~IDING
FOR THE EX'T'ENSION. OF
THE BOUNDARY LINES OF
THE CITY OF SCHERTZ,
.TEXAS, BY THE ANNEXA-
TION OF 335 ACRES OF LAND
MOVE OR LES5-0UT OF
GUADALUPE COUNTY.
Passed, approved and adopted
the 4th day of December, 1979.
June G. Krause, City Secretary
City of Schertz, Texas
- -50(lc
Address Reply to the
Division Indicated
and Refer to Initiab and Number
DSD:JMC:ELG:akp DEB 19~Q
DJ 166-012-3
C8363-8364
Mr. Jimmy G. Gilmore
City Manager
Post Office Drawer 1
Schertz, Texas 78154
Dear Mr. Gilmore:
This is in reference to the two annexations to
the City of Schertz, Guadalupe County, Texas, submitted
to the Attorney General- pursuant to Section 5 of the
Voting Rights Act of 1965, as amended. Your submission
was received on December. 27 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.
Sincerely,
DREW S. DAYS III
Assistant Attorney General
Civil Rights Division
By ;
GERALD w. J ES
Chief, Voting Section