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12-08-2009SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 12-08-09 Council Agenda AGENDA TUESDAY, DECEMBER 8, 2009 AT 6:30 P.M. REGULAR SESSION Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. Oath of Office A. Mayor Pro-Tem – Consideration and/or action regarding the appointment of the Mayor Pro-Tem, term expired December 1, 2009. Mayor Baldwin to administer oath (David Scagliola) Hearing of Residents This time is set-aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding o?fficer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and/or Action Items 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 1, 2009. 2. Annexation – Conduct a second public hearing by the City Council of the City of Schertz, Texas Relating to the Annexation of approximately 186.55± acres known as Crescent Bend Park, located North of Schaefer Road and East of the Lost Meadows Subdivision. (D. Harris/M. Sanchez) 3. Annexation -Conduct a second public hearing by the City Council of the City of Schertz, Texas relating to the Annexation of the Cibolo Creek Municipal Authority properties of approximately 310.04± acres located West of and adjacent to Crescent Bend Park and West Lost Meadows Subdivision and North of Schaefer Road. (D. Harris/M. Sanchez) EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 4. Take any action deemed necessary as a result of the Executive Session. Requests and Announcements 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information. 7. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 8. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 3rd DAY OF DECEMBER 2009 AT 10:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24 hours in advance of meeting. 12-08-09 City Council Agenda Page -2 - 12-08-09 City Council Agenda Page -3 -COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board TBA Investment Advisory Committee Audit Committee Interview Board for Boards and Commissions AACOG Advisory Committee AACOG Economic Development TML Municipal Revenue & Taxation Committee Mayor Pro-Tem Fowler Interview Board for Boards and Commissions Councilmember Carpenter TIRZ II Board Hal Baldwin Scholarship Committee Councilmember Scagliola Animal Control Advisory Committee Interview Board for Boards and Commissions Councilmember Trayhan Audit Committee Hal Baldwin Scholarship Committee Agenda No. A CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2009 Department: Council Subject: Oath of Office BACKGROUND The Mayor Pro-Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. The term of Mayor Pro-Tem is a six-month term on a rotational basis in Place order, Places One through Five. The term of the current Mayor Pro-Tem (Fowler-Place 1) expired December 2009. Council Member Scagliola -Place 2 is the next in line to serve as Mayor Pro-Tem. FISCAL IMPACT None RECOMMENDATION Appoint David Scagliola as Mayor Pro-Tem for a term of six-months, ending June 2009. ATTACHMENT Oath of Office Certificate In the name and by the authority of The State of Texas OATH OF OFFICE I, David Scagliola, do solemnly swear (or affirm), that I will faithfully execute the duties of Mayor Pro-Tem for the City of Schertz Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. _________________________ _________ Affiant SWORN TO and subscribed before me by affiant on this 8th day of December 2009. ______________________________________ Signature of Person Administering Oath (Seal) ____________________________________ Printed Name ____________________________________ Title Form #2204 Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2009 Department: City Secretary Subject: Minutes BACKGROUND On December 1, 2009 a Regular City Council Meeting was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the December 1, 2009 minutes. ATTACHMENT Minutes 12-01-09 MINUTES REGULAR MEETING December 1, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 1, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:35 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS • Mr. Robert Brockman 1001 Elbel Road who provided the Council with his Christmas list. • Mr. Steve Layton, 12231 Lost Meadows Drive who spoke regarding problems at Crescent Bend Nature Park. Discussion and/or Action Items 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 24, 2009. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to approve the minutes of the regular meeting of November 24, 2009. Vote was unanimous. Motion Carried. 2. Ordnance No. 09-M-46 – Consideration and/or action approving an ordinance of the City of Schertz, Texas amending the Code of Ordinances of the City by deleting Chapter 2, Article II, Citizens Advisory Committee. Final Reading (M. Spain) Mayor Baldwin recognized City Manager Don Taylor who introduced this item stating that nothing had changed since first reading. 12-01-09 Minutes Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve Ordinance No. 09-D-46 final reading. The vote was unanimous. Motion carried. 3. Ordinance No. 09-D-47 – Consideration and/or action approving an ordinance amending the speed limit on Doerr Lane to 35 mph. First Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that nothing had changed since first reading. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09-D-47 final reading. The vote was unanimous. Motion carried. 4. City of Schertz Sweetheart Committee – Discussion and possible action regarding appointment of the City of Schertz Sweetheart Committee Members. (E. Matlock) Mayor Baldwin recognized EDC Specialist Erin Matlock who introduced this item stating that Council action appoints Steve White, Brad Bailey, Alice Jewell, Kay Wolverton, Sherry Davis, Sandy Bryant, Carla Vetter, Erin Matlock, Elizabeth Wiley, David Harris and David Scagliola (Councilmember) to the Schertz Sweetheart Committee for 2010. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Fowler to approve the above members as recommended by staff. The vote was unanimous. Motion carried. 5. Annexation – Conduct a public hearing by the City Council of the City of Schertz, Texas Relating to the Annexation of approximately 186.55± acres known as Crescent Bend Park, located North of Schaefer Road and East of the Lost Meadows Subdivision. (D. Harris/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating that the property to be annexed is approximately 186 acres, and the operation of the annexed area, which is Crescent Bend Park, will be governed by an Interlocal Agreement with Bexar County. The City agreed with Bexar County that it will annex Crescent Bend Park, and on October 27, 2009, the City Council began the annexation process (see the attached timeline). The City Council must conduct two public hearings on the annexation: the first on December 1, the second on December 8, 2009. Mayor Baldwin opened the public hearing and recognized the following citizens who spoke: • Ms. Layton, 12231 Lost Meadows Drive • Mr. Steve Layton, 12231 Lost Meadows Drive • Mr. Robert Brockman. 1001 Elbel Road. 12-01-09 Minutes Page -2 - As no one else spoke, Mayor Baldwin closed the public hearing. Mayor Baldwin recognized Development Services Director Michelle Sanchez who provided the following information regarding the scheduled timeline for the two annexations: • Second Public Hearing is scheduled for December 8, 2009 • First reading of an ordinance to consider the annexation is scheduled for January 5, 2010. • Second and final reading of the ordinance is scheduled for January 12, 2010. • After January 12, 2010, City Attorney will provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts. File certified copy of annexation ordinance in the appropriate County Clerk’s office. Update Municipal Boundary and Extraterritorial Jurisdiction maps, and City Attorney files preclearance materials with the Department of Justice. 6. Annexation -Conduct a Public Hearing by the City Council of the City of Schertz, Texas relating to the Annexation of the Cibolo Creek Municipal Authority properties of approximately 310.04± acres located West of and adjacent to Crescent Bend Park and West Lost Meadows Subdivision and North of Schaefer Road. (D. Harris/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating that the property to be annexed is approximately 310 acres belonging to CCMA. CCMA has requested this annexation. On October 27, 2009, the City Council began the annexation process (see the attached timeline). The City Council must conduct two public hearings on the annexation: the first on December 1, the second on December 8, 2009. Mayor Baldwin opened the public hearing and recognized the following citizens who spoke: • Mr. Steve Layton, 12231 Lost Meadows Drive As no one else spoke, Mayor Baldwin closed the public hearing. Mayor Baldwin announced that the second public hearing would be held on December 8, 2009. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Council did not meet in executive session. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 12-01-09 Minutes Page -3 - 12-01-09 Minutes Page -4 -Mayor Baldwin recognized Councilmember Scagliola asked when staff would be bringing the Ordinance back for final reading for the TSAC alternates and when appointments would be made for the Library, and Planning and Zoning Commission. City Manager Don Taylor stated that the final reading of the Ordinance for alternate members for TSAC would be coming to Council at the December 15, 2009 meeting. City Secretary Brenda Dennis stated that the others are forthcoming. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Baldwin recognized Councilmember Carpenter who reminded Council that he would be out of town for the next Council meeting. 11. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Engineer Larry Dublin who provided a brief update regarding Lowe’s modifications to the channel and update information on the construction on Chelsea Road and FM 1103. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 7:14 p.m. ______________________ ____________ Hal Baldwin, Mayor ATTEST: ______________________________________ Brenda Dennis, TRMC, CMC City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2009 Department: City Manager Subject: Public Hearing on Annexation of Crescent Bend Park (2nd Public Hearing) BACKGROUND The property to be annexed is approximately 186 acres, and the operation of the annexed area, which is Crescent Bend Park, will be governed by an interlocal agreement with Bexar County. The City agreed with Bexar County that it will annex Crescent Bend Park, and on October 27, the City Council began the annexation process (see the attached timeline). The City Council must conduct two public hearings on the annexation: the first was on December 1, the second on December 8. The first public hearing was conducted on December 1, 2009; this is the second public hearing that is required. FISCAL IMPACT Negligible: property will not be taxable RECOMMENDATION Conduct public hearing ATTACHMENTS Property description Annexation timeline Proposed Service Plan CCM Item No. 5.doc ANNEXATION TIMELINE ?? October 27, 2009 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the Planning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; and (4) publication of notices of hearings for the annexation ?? October 28, 2009 Planning Department begins preparation of proposed service plan for Annexation Area Planning Department gives written notice of the City’s intent to annex to property owners in the area, public and private entities providing services to the area, and each railroad company that serves the City if the railroad company’s right-of-way is in the area proposed for annexation1 ?? November 16, 2009 City Secretary sends notices of public hearings to Commercial Recorder ?? November 18, 2009 Planning Department finalizes service plan for area proposed for annexation ?? November 20, 2009 Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation ?? November 20, 2009 Publish notice of both public hearings in newspaper; post notice of both public hearings on City’s internet website (Note: Notice on website must remain posted through hearing date.)2 December 1, 2009 First public hearing at City Council meeting December 8, 2009 Second public hearing at City Council meeting (location may be required to change3) January 5, 2010 First City Council consideration of annexation ordinance4 January 12, 2010 Second City Council consideration of annexation ordinance; annexation is final After January 12, 2010 Provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk’s office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice ?? completed 1 Must be at at least 30 days before the date of the first hearing. 2 Notice for each hearing must be published 10 to 20 days before the date of each hearing. 3 Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. 4 Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. Timeline (Crescent Bend).doc A2009-006 [Crescent Bend Park [properties] CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED Approximately 186.55± acres of land known as Crescent Bend Park located north of Schaefer Road and east of the Lost Meadows Subdivision situated in the A.S. Lewis Survey No. 78 and the Williams Bracken Survey No. 65 in Bexar County, Texas. See Exhibit 3, “Metes and Bounds Description”, attached hereto for a complete description of the property. INTRODUCTION This service plan has been prepared in accordance with Local Government Code Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City at the following levels and in accordance with the following schedule. POLICE PROTECTION Patrolling, responses to calls, and other police services will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City and in accordance with the Interlocal Interlocal Cooperation Agreement with Bexar County, Texas. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. However, a person who continues to use the services of a privately owned solid waste management service provider must transfer to the City within two (2) years from the date this annexation is filed. OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY The City will operate the Crescent Bend Nature Park in accordance with the Interlocal Cooperation Agreement with Bexar County, Texas. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. A2009-006 [Crescent Bend Park [properties] OTHER SERVICES Other services that may be provided by the City such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the City. CAPITAL IMPROVEMENTS The City will make available to the annexed area any necessary water, sewer, street, and drainage facilities within two and one-half (2-1/2) years of the effective date of the annexation unless the construction of the necessary facilities is interrupted by circumstances beyond the control of the city, or unless this period is extended by an arbitration decision. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with Local Government Code Ch. 395. Construction of other capital improvements shall be considered by the City in the future as the needs dictate on the same basis as such capital improvements are considered throughout the City and in accordance with the Interlocal Cooperation Agreement with Bexar County, Texas. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2009 Department: City Manager Subject: Public Hearing on Annexation of CCMA Property (2nd Public Hearing) BACKGROUND The property to be annexed is approximately 310 acres belonging to CCMA. CCMA has requested this annexation. On October 27, the City Council began the annexation process (see the attached timeline). The City Council must conduct two public hearings on the annexation: the first was on December 1, the second on December 8. The first public hearing was conducted on December 1, 2009; this is the second public hearing that is required. FISCAL IMPACT Negligible: property will not be taxable RECOMMENDATION Conduct public hearing ATTACHMENTS Property description Annexation timeline Proposed Service Plan CCM Item No. 6.doc 50255285.1 B-1 ANNEXATION TIMELINE October 27, 2009 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the Planning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; and (4) publication of notices of hearings for the annexation October 28, 2009 Planning Department begins preparation of proposed service plan for Annexation Area Planning Department gives written notice of the City’s intent to annex to property owners in the area, public and private entities providing services to the area, and each railroad company that serves the City if the railroad company’s right-of-way is in the area proposed for annexation1 November 16, 2009 City Secretary sends notices of public hearings to Commercial Recorder November 18, 2009 Planning Department finalizes service plan for area proposed for annexation November 20, 2009 Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation November 20, 2009 Publish notice of both public hearings in newspaper; post notice of both public hearings on City’s internet website (Note: Notice on website must remain posted through hearing date.)2 December 1, 2009 First public hearing at City Council meeting December 8, 2009 Second public hearing at City Council meeting (location may be required to change3) January 5, 2010 First City Council consideration of annexation ordinance4 January 12, 2010 Second City Council consideration of annexation ordinance; annexation is final After January 12, 2010 Provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk’s office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice 1 Must be at least 30 days before the date of the first hearing. 2 Notice for each hearing must be published 10 to 20 days before the date of each hearing. 3 Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. 4 Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. 50255285.1 C-1 EXHIBIT C NOTICE OF INTENT TO ANNEX PLEASE TAKE NOTICE that the City Council of the City of Schertz (the “City”) intends to annex the following property: Approximately 310.04± acres located west of the Lost Meadows subdivision. Questions concerning the proposed annexation should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas 50255285.1 D-1 EXHIBIT D CITY OF SCHERTZ, TEXAS 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154 November 20, 2009 Re: Notice of Intent to Annex (approximately 310.04± 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 310.04± acres located west of the Lost Meadows subdivision. 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 50255285.1 E-1 EXHIBIT E NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the “Act”), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the “City”) will hold a public hearing on December 1, 2009 at 6:30 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the “Land”): Approximately 310.04± acres located west of the Lost Meadows subdivision. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas 50255285.1 E-2 NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the “Act”), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the “City”) will hold a public hearing on December 8, 2009 at 6:30 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the “Land”): Approximately 310.04± acres located west of the Lost Meadows subdivision. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas ANNEXATION TIMELINE ?? October 27, 2009 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the Planning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; and (4) publication of notices of hearings for the annexation ?? October 28, 2009 Planning Department begins preparation of proposed service plan for Annexation Area Planning Department gives written notice of the City’s intent to annex to property owners in the area, public and private entities providing services to the area, and each railroad company that serves the City if the railroad company’s right-of-way is in the area proposed for annexation1 ?? November 16, 2009 City Secretary sends notices of public hearings to Commercial Recorder ?? November 18, 2009 Planning Department finalizes service plan for area proposed for annexation ?? November 20, 2009 Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation ?? November 20, 2009 Publish notice of both public hearings in newspaper; post notice of both public hearings on City’s internet website (Note: Notice on website must remain posted through hearing date.)2 December 1, 2009 First public hearing at City Council meeting December 8, 2009 Second public hearing at City Council meeting (location may be required to change3) January 5, 2010 First City Council consideration of annexation ordinance4 January 12, 2010 Second City Council consideration of annexation ordinance; annexation is final After January 12, 2010 Provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk’s office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice ?? = completed 1 Must be at least 30 days before the date of the first hearing. 2 Notice for each hearing must be published 10 to 20 days before the date of each hearing. 3 Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. 4 Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. Timeline ((CCMA).doc A2009-005 [CCMA properties] CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED Approximately 310.04± acres of land west of the Lost Meadows Subdivision being part of the G. Malpez Survey No. 67, Abstract No. 464, Bexar County Block No. 5054, the A.S. Lewis Survey No. 78, Abstract No. 1301, Bexar County Block No. 5472 and the William Bracken Survey No. 65, Abstract No, 48, Bexar County Block No. 5055, situated in Bexar County Texas. See Exhibit 4, “Metes and Bounds Description”, attached hereto for a complete description of the property. INTRODUCTION This service plan has been prepared in accordance with Local Government Code Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City at the following levels and in accordance with the following schedule. POLICE PROTECTION Patrolling, responses to calls, and other police services will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. However, a person who continues to use the services of a privately owned solid waste management service provider must transfer to the City within two (2) years from the date this annexation is filed. OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Operation and maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES A2009-005 [CCMA properties] If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. OTHER SERVICES Other services that may be provided by the City such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the City. CAPITAL IMPROVEMENTS The City will make available to the annexed area any necessary water, sewer, street, and drainage facilities within two and one-half (2-1/2) years of the effective date of the annexation unless the construction of the necessary facilities is interrupted by circumstances beyond the control of the city, or unless this period is extended by an arbitration decision. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with Local Government Code Ch. 395. Construction of other capital improvements shall be considered by the City in the future as the needs dictate on the same basis as such capital improvements are considered throughout the City. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561.