11-A-03 Departmemt of Justice LetterFLILBR~GHT
(~Jaworski L, L. P.
Attorneys ru Law
Michael L. Spain
Partner
300 Cauvent Street, Suite 2100 • San Antonio, Texas 78205-3792
mspain a(~fulbright. com • Direct.' 210 270 7184 • Main: 210 224 5575 • Facsimile: 210 270 7205
May 2, 2011
VIA FEDERAL EXPRESS
Mr. Chris Herren
Chief, Voting Section, Civil Rights Division
United States Department of rustice
Room 7254 - NWB
1800 G Street N,W,
Washington, DC 2006
Re: Submission for preclearance relating to annexations of land undertaken by action on
February 22, 2001 and April 19, 2011 by the City of Schertz, Texas
Dear Mr. Herren:
On behalf of our client, the City of Schertz, Texas (the "Submitting Party"), we make the
following submission under Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C.
§ 1973c, and in accordance with the provisions of 28 C.F.R. § 51 et seq., for preclearance of the
boundary changes described below as a change affecting voting.
Back __ r
The Submitting Party is a home-rule municipality organized pursuant to Article Xi,
Section 5 of the Constitution of the State of Texas. The Submitting Party operates pursuant to its
Home Rule Charter and general law.
The Submitting Party is governed by a mayor and five councilmembers elected by the
qualified voters within the Submitting Party on the uniform election date of each May in each
calendax year for two-year staggered terms. The-mayor and all councilmembers are elected at
large. The Submitting Party may also call bond elections to authorize the issuance of ad valorem
tax supported bonds, to amend the Submitting Party's Home Rule Charter, and for certain other
purposes.
This submission is being made to obtain preclearance for two annexations of property
into the City. All prior annexations have been precleared by your office.
We hereby submit, on behalf of the Submitting Party, the following information
{paragraphed to correspond with the requirements described in 28 C.F.R. §§ 51.27-28) with
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www.fulbright, com
Mr. Chris Herren
May 2, 2011
Page 2
respect to changes affecting voting implemented by the Submitting Party on February 22, 2011
and April 19, 2011:
Required. Contents
(a) A copy of the ordinances {the "Ordinances"} adopted on February 22, 2011
(Ordinance No. 11-A-03) and April 19, 2411 (Ordinance No. 11-A-09} embodying the changes
affecting voting are attached hereto as Exhibit A.
(b) The voting practice prior to the adoption of the Ordinances described above has
not been repealed, amended, or otherwise changed.
(c) The Ordinances extend the boundaries of the Submitting Party to include an
additional approximately 192.228 acres (2.5~ acres pursuant to Ordinance No. 11-A-03 and
1$9.63 acres pursuant to Ordinance No. 11-A-09} of land (the "Annexed Area"}. The property
owners of several parcels located in the vicinity of the Annexed Area embodied by the April 19,
2011 Ordinance were eligible for, and accepted, statutory development agreements with the
Submitting Party in Iieu of annexation. Such development agreements excepted those parcels
from the Submitting Party's April 19 annexations. Those development agreements and similar
statutory development agreements entered into in connection with earlier annexations resulted in
odd boundary lines, as can be seen on Exhibit B. The City estimates that b persons, all of whom
are all eligible voters, reside in the Annexed Area.
(d) This submission is being made by Michael L. Spain, Fulbright & Jaworski L.L.P.,
300 Convent Street, Suite 2100, San Antonio, Texas 78205 (2101270-7184), as legal counsel to
the Submitting Party,
(e) The name of the Submitting Party is the City of Schertz, Texas. The Submitting
Party is responsible for the change.
(f) The Submitting Party is located in the Counties of Guadalupe, Bexar, and Comal,
Texas. A portion of the Annexed Area is Iocated in Comal County, Texas (February 22
annexation), and the remainder of the Annexed Area is located in Bexar County, Texas (April 19
annexation).
{g} The City Council {the "Council") of the Submitting Parry is responsible for
making the change and has effected the change by adopting the Ordinances.
(h) The Submitting Party undertakes to make the change affecting voting pursuant to
Section 1.02(b) of its Home Rule Charter and Chapter 43, Texas Local Government Code, as
amended, which- governs municipal annexation. In deciding to annex the area described in each
Ordinance, the Submitting Party was required to (i) conduct two public hearings for which notice
must be, and was, properly given and at which people interested in the annexation must be, and
were, given the opportunity to be heard; and (ii) direct the appropriate individuals to propose and
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Mr. Chris Herren
May 2, 2011
Page 3
present a service plan that provides for the extension of municipal services to the Annexed Area
and to make such service plan available for discussion at the two public hearings. Such service
plan was prepared and available when required. Pursuant to Section 551.043, Texas Government
Code, as amended, notices of the meetings of the Council at which the Ordinances were
considered are required to be, and were, posted at a place convenient to the public within the
Submitting Party and within the administrative office of the Submitting Party at least 72 hours
prior to each of the meetings.
(i) The dates of adoption of the proposed changes affecting voting were February 22,
2011 and April 19, 2011.
{j) The annexations became effective on February 22, 2011 and April 19, 2011,
xespectively, and the changes affecting voting took effect on such date.
(k) The annexations are complete. No election has been conducted in the Annexed
Areas. As noted above, the City estimates that 6 eligible voters reside in the Annexed Area.
(1} See paragraph (c) above. The change will affect the entire jurisdiction of the
Submitting Party.
(m} The Submitting Party has undertaken the annexations in order to provide
municipal services to the Annexed Area.
(n) The Submitting Party anticipates no effect from the change on members of racial
or language minority groups.
{o} No past or pending litigation exists concerning the change or related voting
practices.
(p) The prior practice for conducting elections within the Submitting Party has been
most recently precleared by a letter dated February 8, 2011. The procedure for the adoption of
the change is established by state statute, and submissions for preclearance of such procedure as
well as practices required by state statute are, pursuant to 28 C.F.R. § 51.23, the responsibility of
the State of Texas.
(q} See Supplemental Contents below.
Supplemental Contents
(a) As Hated above, the City estimates that 6 eligible voters reside in the Annexed
Area. The Submitting Party estimates that prior to the annexation approximately 31,465 persons
resided within the Submitting Party. The Submitting Party estimates that after the annexations
approximately 31,471 persons reside within the Submitting Party. (Based on the 2010 Census,
the total population of the Submitting Party was 31,465, the voting age population was 22,928.}
soat~o3z.~
Mr. Chris Herren
May 2, 2411
Page 4
Based on the 2010 Census, the Submitting Parry estimates that prior to and after the annexation,
approximately 60.5% of persons residing in the jurisdiction of the Submitting Party are White,
25.7% are of Hispanic or Latino origin, 8.2% Black, 0.4% American Indian and Alaska Native,
2.2% Asian, 0.1% Native Hawaiian and Other Pacific Islanders, and 2.7% Other.
{b) The boundary map (in duplicate) of the Submitting Party indicating the
boundaries of the Submitting Party before and after the annexations is attached as Exhibit B.
The Submitting Parry comprises one election precinct for purposes of its elections. The property
owners of several parcels located in the vicinity of the April 19 Annexed Area were eligible for,
and accepted, statutory development agreements with the Submitting Party. Such development
agreements and similar statutory development agreements entered into in connection with earlier
annexations resulted in odd boundary lines, as can be seen an Exhibit B.
(c) All prior annexations subject to the preclearance requirement have been submitted
for review.
If there is any further information that might expedite clearance for the change described
above, please contact me at 2141270-7184 so that we may respond accordingly.
Respectfully submitted,
CITY OF,SCH~RTZ, TEXAS
Fulbright & Jawarski L.L.P\ J
By: Michael L. Spain ~1
Legal Counsel for the City
Address:
Phone Number:
MLS/mjw
Attachments
Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
2101270-7184
cc: Don Taylor, City Manager, City of Schertz
John Bierschwale, Assistant City Manager, City of Schertz
David Harris, Assistant City Manager, City of Schertz
Michelle Sanchez, Director or Development Services, City of Schertz
Brenda Dennis, City Secretary, City of Schertz
Katherine Tapley (Firm)
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