2010R78 - Annexation 2.6 acresRESOLUTION NO. 10-R-78
A RESOLUTION SY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS RELATING TO THE ANNEXATION OF
APPROXIMATELY 2.6± ACRES LOCATED SOUTH OF
INTERSTATE 35, FROM THE CURRENT CORPORATE
BOUNDARY OF THE CITY EAST TO THE OUTER BOUNDARY
OF THE CITY'S EXTRATERRITORIAL JURISDICTION, ALL IN
GUADALUPE COUNTY, TEXAS OR COMAL COUNTY, TEXAS,
AS DESCRIBED HEREIN; AUTHORIZING AND DIRECTING
THE HOLDING OF PUBLIC HEARINGS FOR THE PROPOSED
ANNEXATION, THE PUBLICATION OF NOTICE OF THOSE
PUBLIC HEARINGS, PREPARATION BY THE PLANNING
DEPARTMENT OF A SERVICE PLAN, GIVING OF A WRITTEN
NOTICE OF INTENT TO ANNEX, GIVING OF WRITTEN
NOTICE OF THE AVAILABILITY OF A DEVELOPMENT
AGREEMENT, THE SUBMISSION OF PRECLEARANCE
MATERIALS TO THE DEPARTMENT OF JUSTICE, AND
RELATED MATTERS
WHEREAS, the City Council of the City of Schertz (the "City") has determined that it
should annex the territory described on Exhibit A attached hereto and made a part hereof (the
"Land"); and
WHEREAS, the Land is located entirely within the extraterritorial jurisdiction of the City
and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended
(the "Act"), including Section 43.052(h)(1) of the Act; and
WHEREAS, the City Council of the City finds that (i) the 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 Land be annexed to and made a part of the City; and
WHEREAS, the City desires to complete the annexation requirements of the Land in
accordance with the timeline attached as Exhibit B (the "Annexation Timeline"); 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 complete the pre-annexation requirements as described
herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
SECTION 1. The City hereby authorizes and directs the Planning Department to
immediately commence preparation of a service plan for the provision of full municipal services
(including water and wastewater services) to the Land in accordance with Section 43.056 of the
Act.
SECTION 2. The Planning Department is hereby directed to provide all notices required
by the Act to each property owner owning property in the Land, each public and private entity
50359509.1
which provides services to the Land, and each railroad company, if any, that owns aright-of--way
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 3. 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 D attached hereto and made a part hereof and shall be given
within the time limits required by the Act.
SECTION 4. The City hereby authorizes and directs that two public hearings for
annexation of the Land be conducted in accordance with the Act and within the time periods
required by the Act and that notice of the public hearings be published, all in accordance with the
Annexation Timeline. Such notices shall be in substantially the form of Exhibit E attached
hereto and made a part hereof. The date, time, and location of the second public hearing maybe
modified at the City Manager's discretion in accordance with the requirements of the Act.
SECTION 5. The City Attorney is hereby directed to send letter to each property owner
regarding the availability of a development agreement for certain property appraised as
agricultural, wildlife management, or timber use.
SECTION 6. 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 7. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 8. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
SECTION 9. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 10. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
SECTION 11. It is officially found, determined, and declared that the meeting at which
this Resolution 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 Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
SECTION 12. This Resolution 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.)
50359509.1 2
PASSED AND ADOPTED, this 14t" day of December, 201
ATTEST:
City Secretary
(CITY SEAL)
CITY Off' SCHE~YjTZ, TEXAS
50359509.1 S-1
EXHIBIT A
PROPERTY TO BE ANNEXED
~~ ~ ~
,/~^ ~~,~, ,a. ~ y' . _ s ~ ~~. '' ,d'
/
~~ ~~ ~
,~
~
~
~
Cs
~a
~~~~,
.
'1 :: , ~,~P'C~
'
~
' ~
~ ~\~
~~ ~~ , f ~'.~'`, 6A~%~~ .' ' ~' ,,.
1 .~ ~ -
~- . ~ .
-~ i ~ ~ O 'K, .,,~ ...... ,...
S i % ~~ .,
~~ i ~ ~Q ~ ~~ A. ~r.,o
L ~
~~
~ ~S
~ ,
~
`
~'~~ ~ ~~ ~ ~,.~`i`` s ~ ~ /
. ~ ~~ : -Y~
® _....
,9, /
V '~ ~ i ~
~/
-- ~2 ~
,,:
.....
i~ ~ ~~
~ ~ ~~~
1~ ~ i ~
'
1
S, ~ ~ ~,
~~ ~
,r' ~ ~ ~
~ -_ _~ a~
:~ , ...
~/ ~ ~ ~ ~ m
1 \ ~/
.Annexation 10-A-33
City of Schertz :::
W E
~,~i Development Agreement
Annexation Proposal
---_... Proposed Annexation s
Last Update: December 14, 2010
Cily M SdwRZ. GIS coormnalor. Tmy McFalis, amcla05~uM1emx.<om ~2t0) 614118f
';a~ - - 0 0.125 0.25 0.5 0.75
... ,., ,., .,. ,.<~ .T..~. ...~, ,.,.,._. Miles
50359509.1 L~-1
EXHIBIT B
ANNEXATION TIMELINE
December 14 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; (4) publication of notices of hearings for the
annexation; and (5) the delivery of letters to owners regarding possible development
agreements
December 15 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 annexation'
City Attorney sends letters regarding development agreements to owners in the area
December 16 City Secretary sends notices of public hearings to Commercial Recorder
January 6, 2011 Planning Department finalizes service plan for area proposed for annexation
Planning Department gives written notice of proposed annexation to each public
school district located in the area proposed for annexation
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.)Z
January 18, 2011 First public hearing at City Council meeting
January 19, ZO11 City Attorney receives responses to letters regarding development agreements
January 25, 2011 Second public hearing at City Council meeting (location maybe required to change3)
February 15, 2011 First City Council consideration of annexation ordinance4
February 22, 2011 Second City Council consideration of annexation ordinance; annexation is final
City Attorney completes and records development agreements
February 23, 2011 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 Extratemtorial Jurisdiction maps
City Attorney files preclearance materials with the Department of Justice
' Must be at least 30 days before the date of the first hearing.
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.
a Must be at least 20 days after the second hearing but not more than 40 days after the first hearing.
50359509.1 B-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 2.6± acres located south of Interstate 35, from the current
corporate boundary of the City east to the outer boundary of the City's
extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal County,
Texas, as shown on the attached map.
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
50359509.1 C' 1
~ ~ ..- r' ~ : ~ - , ~ ,.-:-''
',
f,"
tt i 1
~'
,-- , --~ ~~;~z~ ~` ~~ - `~,
.J ~,
~~
~,
~~ ~ ~~
,~ ~ ,~~;
~
9~\ .~ /
~ ~
,~ ~ _ ~ ~ ..
~K
,~~~~ ~~ ~,~2,
~ ,- ~~
t~j ~".~~; ~':
~^ ~~~~ ~
~- ~
\v.-~'
~ ~~`f iF
~.
,~ . ~°
~~
'~
~o~~~~ ' ~ ~, ~`~ ,
.:
., .
~~~~~.
I~ ~
~~
. . G~~~~
~` .~.-
:-~
~~
~ ~ ~ -
~ \ ~ C ~..;
..._.. ; ,
Nom- ~~~ ~ ,e ~ ~ ~ ~ m ~
;~ ;~ ~
., ~~- ® ,j
~ ~~ ~ ,;,
~ i
'~ ' , ', ~
~~ ,,~
................
/~ B
N
.', C) `y O}}~ S C ~ G 1 `Z ~ _ > .Annexation 10-A33 wE
to Annexation Proposal ',•°~~',• Development Agreement
_....._. Proposed Annexation s
Last Update: December 14, 2010
Cry o(S~ertz. GlS COOrEina~or Tm amcia0s~u6MZ.com 1]~O~6t91i8o
.,..: ,,:~~ .:......:.. ..:~....~ .,:,...,.:.; ~: .,..,,.--,.... 0 0.125 0.25 0.5 0.75
..............~.......,.,..,.z.,,....... ...,.....,..,.~..,, ,:..~._.. Miles
50359509.1 C-2
EXIIIBIT D
[City of Schertz letterhead]
December 15, 2010
Re: Notice of Intent to Annex (approximately 2.6± 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 2.6± acres located south of Interstate 35, from the current
corporate boundary of the City east to the outer boundary of the City's
extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal County,
Texas, as shown on the attached map.
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
50359509.1 D-1
l~i~-
''„ `
~l
~4•
~~ ~ r~o
.~
,J,..fi~/r~i'i 's'./. F / /``ma'r k~ ~~/~A /' / - f ~ J~ ~i .._..
Yx x
\\ .'^
~~~ ~ 1lt ~ ~~QgO ~ i .~'.// ~V /"/~"~~' 1
~(vA~1(v ~ err ~/ ~ „ .~
O i ~\~ ~ \ ~f~,,' / ~ ' /FLT
i `\ \ e;+ 1. Q~~~ J"
~:~//\ A
~ ~ ON~~~
f i ~'
1l fir' ~ ~~ ~ ~! ~ ~/
i
~ ,{ ~ .~
c'~ ~,\
/~~,
~\ ...-
C: .,
~~` -
~~ ~ ~ . .. ~
' :: ~'
~~,~
i
- ~ G~~~a
~.: ,,~„
r ~~.-°
~~"
_~\ ,~~
C y' N
ii'~a C ~ ty ~~ V ~j ~ ~ 1 ~~ , - . ~ Annexation 10-A-33 wE ~
~~~'~% Anti@XatlOll PrOpOSa~ ,~',.~i Development Agreement
.. - Proposed Annexation s
Last Update: December 14, 2010
Cuyd SMenz. GlS eoerE~nalor Tony AtcFalls.amAall:®ufieR.<om ~3t0~fi141t86
.....,~a.._ .~.,..... .,:::;...,. .~.~.: ...... ...:.:...... 0 0.125 0.25 0.5 0.75
.....>.,..,,.,~..._.>... , .. _,..,_.....,.„.,...,, .,,-,...~..... Miles
50359509.1 D-2
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 January 18, 2011 at 6:00 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 2.6± acres located south of Interstate 35, from the current
corporate boundary of the City east to the outer boundary of the City's
extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal
County, Texas, as shown on the map on file with the City Secretary.
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
50359509.1 E-1
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 January 25, 2011 at 6:00 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 2.6± acres located south of Interstate 35, from the current
corporate boundary of the City east to the outer boundary of the City's
extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal
County, Texas, as shown on the map on file with the City Secretary. .
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
50359509.1 E-2