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2004R13- ANNEXATION OF APPROX. 224.40 ACRES CITY OF SCHERTZ RESOLUTION NO.: & 'I- - ~ _ /. ~ A RESOLUTION RELATING TO THE ANNEXATION OF APPROXIMATELY 224.40 ACRES LOCATED ADJACENT TO THE EXISTING CITY LIMITS LINE BETWEEN FM 482 AND INTERSTATE 35 NEAR HUBERTUS ROAD, PROJECT 5 (HUBERTUS ROAD AREA); AUTHORIZING AND DIRECTING THE GIVING, FILING, AND PUBLICATION OF ALL REQUIRED NOTICES AND THE PREPARATION OF A SERVICE PLAN; AND OTHER MATTERS RELATING THERETO 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, with such annexation to be effective December 31, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City Manager is hereby directed to immediately commence preparation of the 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 City Manager 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 which provides services to the Land, each railroad company, if any, that owns a right-of-way in the Land, and each school district located in whole or in part in the Land. Such notices shall be in substantially in form of Exhibit B attached hereto and made a part hereof and shall be given within the time limits required by the Act. SECTION 3: The City Manager is hereby directed to publish notice of two public hearings to be conducted in accordance with the Act and within the time periods required by the Act. Such notices shall be in substantially the form of Exhibit C attached hereto and made a part hereof. The date, time, and location of the second public hearing may be modified at the City Manager's discretion in accordance with the requirement of the Act. SECTION 4: The City Attorney is hereby directed to make all necessary filing under the Federal Voting Rights Act incident to the proposed annexation of the Land. SECTION 5: This Resolution shall be in force and effect from and after the date hereof. Annexation: PROJECT 5 (HUBERTUS ROAD AREA) PASSED, APPROVED, AND ADOPTED this the of September, 2004. Mayor, City of Schertz, Texas ATTEST: ~c~?::lr':J~2hertz, Texas (SEAL OF THE CITY) Annexation: PROJECT 5 (HUBERTUS ROAD AREA) CITY OF SCHERTZ MUNICIPAL SERVICE PLAN PROJECT 5 (HUBERTUS ROAD AREA) FIRE Existing Service: Schertz Fire Department / Bracken Fire Department Services to be Provided: Fire suppression will be available to the area upon annexation. The Schertz Fire Station located at 1400 Schertz Parkway will provide primary fire response. Adequate fire suppression activities can be afforded to the annexed area within current budget appropriation. Fire prevention activities will be provided by the Fire Marshall's office as needed. POLICE Existing Services: Comal County Sheriff Service to be Provided: Currently, the area is under the jurisdiction of the Comal County Sheriffs Office. However, upon annexation, the City of Schertz Police Department will extend regular and routine patrols to the area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation. EMERGENCY MEDICAL SERVICES Existing Service: Schertz EMS Service to be Provided: These services will be provided by the City according to the general standard and scope of those services furnished by the city in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. RECREATIONAL FACll..ITIES (PARKS. PLAYGROUNDS. SWIMMING POOLS. LffiRARY: Existing Service: Schertz Library Service to be Provided: Library services are currently available to all residents in Comal County. Upon the effective date of annexation, additional recreational services will be provided within the current budget appropriation. STREETS Existing Service: Comal County Service to be Provided: These services will be provided by the City according to the general standard and scope of those services furnished by the City in other areas of the City that have characteristics of topography, patterns ofland utilization, and population density similar to this area being annexed. STREET LIGHTING Existing Service: None (Electric is New Braunfels Utilities and City Public Services) Service Plan PROJECT 5 (HUBERTUS ROAD AREA) Page 1 of2 Services to be Provided: These services will be provided by the City according to the general standard and scope of those service furnished by the City in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. WATER SERVICE Existing Service: Green Valley, Schertz Services to be Provided: Water service to the area will be provided in accordance with the applicable codes and departmental policy as future property develops. Water service shall be provided in accordance with extension ordinances. Extension of service shall comply with City codes and ordinances. These services will be provided by the City according to the general standard and scope of those services furnished by the City in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. SANITARY SEWER SERVICE Existing Service: OSSF Services to be Provided: Sanitary sewer service to the area of proposed annexation will be provided in accordance with applicable codes and departmental policy. When property develops in the adjacent areas, sanitary sewer service shall be provided in accordance with the present extension ordinance. Extension of service shall comply with applicable codes land ordinances. These services will be provided by the City according to the general standard and scope of those services furnished by the City in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. Until such time a Sanitary Sewer Service can be provided, on-site sewage facilities (OS SF) will be required. These requirements will be in accordance with the interlocal agreements with Comal County. SOLID WASTE SERVICES Existing Service: Bexar Waste / Waste Management Service to be Provided: Solid Waste Collection shall be provided to the area of annexation in accordance with the present franchise ordinance. Service shall comply with existing City policies, beginning with occupancy structures. MISCELLANEOUS All other services will be provided by the City according to the general standard and scope of those services furnished by the City in other areas of the City that have characteristics of topography, patterns of land utilization, and population density similar to this area being annexed. Service Plan PROJECT 5 (HUBERTUS ROAD AREA) Page 2 of2 0 0 ;u ~ 0 0 (Xl ~ (Xl I ~ -1- > > I 1 ~ ~ ~ ~ mm ORD. 86-A-3 F .M. 2252 -----\ \ \ \ \ ~~~U~'I' \ ~~..~!~!!l fo{~~~~~ \ 'il'l 'i . -- -~----_. - --L- 6- ;.~~!". "'1 T ---~ 6; ;0 '" J> ~"'~ cI'l --- ~- ",'" J> p-<,., [ N _ J> IUi I J> ",n ""CJ> ",,.,r ....<< "'",- f;-<Z ....z:l> zP~ PN~ -"'.... 00'" .to'9lt~ M..~+.l~.8ZN o ;u P '-J .p. /- P- I, *1 I I, , ~ FORD ENGINEERING INC. Job No.: 1124.2801 Date: September 2, 2004 Project: Schertz Annexation PROJECT 5 HUBERTUSROADAREA EXHffiIT A FIELDNOTES FOR A 224.40 ACRE TRACT Fieldnotes describing a 224.40 acre (9,774,829 sq. ft.) Extraterritorial Jurisdiction (E.T.J.) Tract, situated in the Rafael Garza Survey, Abstract No. 175 and the Calvin Abbott Survey No.262, Abstract No.18, in Comal County, Texas; BEGINNING At a point of intersection for the Westerly corner of said tract, said point being the existing City Limits of the City of Schertz as annexed by Ordinance No. 81-A-1I and Ordinance No. 86-A-30; THENCE With existing City Limits of the City of Schertz as annexed by Ordinance NO.86-Ac30 as follows; N 38057'17" E, a distance of 1,336.96 feet; N 38649'09" E, a distance of 1,125.45 feet to a point on a curve to the right; Along the curve to the right (long chord bears N 41034' 18" E, a distance of 244.67 feet) whose radius is 2617.55 feet and whose central angle is 5021 '27" an arc distance of 244.76 feet to the end of curve. N 44040'28" E, a distance ofl582.40 feet; N 43011'06" E, a distance of 745.60 feet; S 18033'59" E, a distance of 173.89 feet; N 34045'00" E, a distance of557.10 feet; N 29048'00" W, a distance ofl59.70 feet; N 29002'28" E, a distance of 1309.45 feet to a point on a curve to the right; Along the curve to the right (long chord bears N 41057'58" E, a distance of 144.48 feet) whose radius is 322.96 feet and whose central angle is 25050'59" an arc distance of 145.71 feet to the end of said curve; N 54053'23" E, a distance of723.30 feet to a point on a curve to the right; Along the curve to the right (long chord bears N 57013'58" E, a distance of 213.71 feet) whose radius is 2615.20 feet and whose central angle is 4041 '00" an arc distance of213.77 feet to the end of said curve; 10927 WYE DRIVE, 10f2 SUITE t04, SAN ANTONIO, TEXAS 78217 (210) 590-4777 1-800-332-3109 Web Site: wwwJordengineering.com FAX: 590-4940 N FORD THENCE THENCE THENCE THENCE THENCE THENCE THENCE 10927 WYE DRIVE, ENGINEERING INC. N 59034'28" E, a distance of 1045.83 feet to a point being the existing city limits of the City of Schertz as annexed by Ordinance No. 81-A-11; With the west line of Ordinance 81-A-ll, S 29031'41" E, a distance of 1384.48 feet to a point of intersection with the existing city limits of the City of Schertz as annexed by Ordinance No. 85-A-24; With the north line of said Ordinance No. 85-A-24, S 58054'32" W, a distance of 1136.24 feet; S 30045'42" E, a distance of 1140.99 feet to the intersection with the existing city limits of the City of Schertz as annexed by Ordinance No. 81- A-4; With the north line of said Ordinance No. 8I-A-4, S 59021'15" W, a distance of 1118.91 feet to a point of intersection with the existing city limits of the City of Schertz as annexed by Ordinance No. 36-A-I9; With the existing city limits of the City of Schertz as annexed by Ordinance No. 86-A-I9 as follows; N 31015'37" W, a distance of 1391.27 feet; S 59033'32" W, a distance of 116.43 feet; N 31004'06" W, a distance of 62.67 feet; S 48030'21" W, a distance of 407.59 feet; S 49016'18" W, a distance of 401.68 feet; S 30056'50" E, a distance of648.01 feet; S 30020'40" E, a distance of659.25 feet to a point of intersection with the existing city limits of the City of Schertz as annexed by Ordinance No. 81- A-ll; With the north line of the existing city limits as annexed by Ordinance No. 81-A-ll, S 59021'15" W, a distance of 5301.25 feet to the point of beginning, containing 224.40 acres ofland. 20f2 SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590.4777 1-800-332-3109 Web Site: www.fordengineering.com FAX: 590-4940 EXHIBIT B NOTICE OF INTENT TO ANNEX PROJECT 5 (HUBERTUS ROAD AREA) PLEASE TAKE NOTICE that the City Council of the City of Schertz (the "City") intents to annex the following property effective December 31, 2004: Approximately 224.40 acres located adjacent to the existing city limits line between FM 482 and Interstate 35 near Hubertus Road, Project 5 (Hubertus Road Area). Questions concerning the proposed annexation should be directed to: City of Schertz 1400 Schertz Parkway Schertz, TJC 78154 Attention: City Manager CITY OF SCHERTZ By: Mayor, City of Schertz, Texas Notice of Intent to Annex PROJECT 5 (HUBERTUS ROAD AREA) Page 1 of 1 EXHIBIT C NOTICE OF PUBLIC HEARING PROJECT 5 (HUBERTUS ROAD AREA) Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act"), NOTICE IS HEREBY GIVEN that the City Council of Schertz (the "City") will hold a public hearing on November 2, 2004 at 7:00 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 224.40 acres located adjacent to the existing city limits line between FM 482 and Interstate 35 near Hubertus Road, Project 5 (Hubertus Road Area). 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 hearing. In lieu of attendance at the hearing, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, TX 78154 Attention: City Manager CITY OF SCHERTZ By: Mayor, City of Schertz, Texas Notice of Public Hearing PROJECT 5 (HUBERTUS ROAD AREA) Page 1 of 1