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2003R26- ANNEXATION OF APPROX. 655.5 ACRES RESOLUTION NO. 1)3 - ~ -~~ RESOLUTION RELATING TO THE ANNEXATION OF APPROXIMATELY 655.5 ACRES LOCATED ADJACENT TO THE ~XlSTING CITY LIMITS LINE PARALLEL TO m-35 FOR THE NORm BOUNDARY, THE CITY OF CIBOLO ETJ FOR THE SOUTH BOUNDARY AND BETWEEN THE EXISTING CITY LIMITS LINES ALONG NORmCLIFFE/SCENlC HILLS DEVELOPMENT ON THE WEST AND THE CITY LIMITS LINE THAT PARALLELS ECKHARDT ROAD TO THE EAST; AUTHORIZING AND DIRECTING THE GIVING, Fll.JNG, AND PUBLICATION OF ALL REQUIRED NOTICES AND THE PREPARATION OF A SERVICE PLAN; AND OTHER MATTERS RELATING THERETO WHEREAS, the City COlUlCil 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 "Acf'), including Section 43.052(h)(l) of the Act; and WHEREAS, the City Cmnlcil 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, 2003. NOW TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF SCHERTZ, TEXAS: SECTION 1. The City Manager is hereby directed 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 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 the 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 requirements of the Act. SECTION 4. 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 5. This Resolution shall be in force and effect from and after the date hereof. [The remainder of this page intentionally left blank.] 200nOS9.1 PASSEDANDAPPR.OVED1IIe29*~ ~ Mayor ATI'EST: ~..~(lLL~~~:./ City Secretary 20077059.1 S-1 ( 200n059.1 EXHIBIT A Annexed Land Approximately 655.5 acres located adjacent to the existing City limits line parallel to HI- 35 for the North boundary, the City of Cibolo ETJ for the South bOlmdary and between the existing City limits lines along NorthcliffelScenic Hills Development on the West and the City limits line that parallels Eckhardt Road to the East A-I . '" ,~ .... EXHIBIT B 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 effective December 31, 2003: Approximately 655.5 acres located adjacent to the existing City limits line parallel to HI. 35 for the North boundary, the City of Cibolo ETJ for the South bOlUldary and between the existing City limits lines along NorthcliffelScenic Hills Development on the West and the City limits line that parallels Eckhardt Road to the East 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: IslHal Baldwin Mayo~CityofSchertz,Texas 200n059.l B-1 t . . EXHIBIT C NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Acf'), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the "City'') will hold a public hearing . on December 1,2003 at 7:00 p.m. in the COWlcil Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property: Approximately 655.5 acres located adjacent to the existing City limits line parallel to llI- 35 for the North boundary, the City of Cibolo ETJ for the South boundary and between the existing City limits lines along NorthcliffelScenic Hills Development on the West and the City limits line that parallels Eckhardt Road to the East All interested persons are invited to attend the hearing to express their views with respect to the annexation of 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: /sIHal Baldwin Mayor, City of Schertz, Texas 20017059.1 C-I ". ANNEXATION TIMELINE October 29. 2003 - City Council adopts resolution authorizing and directing (i) the delivery of notice of intent to annex to necessary groups; (ii) preparation by the Planning Department of a service plan for the Target Area; (iii) the submission of preclearance materials to Department of Justice; and (iv) the publication of notices of hearings for the annexation. October 30. 2003 1. Planning Departments prepares service plan. 2. City Attorney files preclearance materials with Department of Justice. 3. City delivers notices to all required recipients. 4. Send notice of first public hearing to Seguin Gazette indicating that the hearing will occur on December I (to be published October 31,2003). October 31. 2003 1. Publish notice of first public hearing in Seguin Gazette. 2. Post notice of first public hearing on the City's internet web site. NOTE: This notice must remain posted on the web site through the date of the hearings. November 7. 2003 1. Send notice of second public hearing to Seguin Gazette, indicating that the hearing will occur on December 2 (to be published November 12, 2003). The location of this hearing may be affected by the response of the permanent residents of the Target Area. 1 , 2. Send notice of proposed annexation to all school districts whose boundaries are located (in whole or in part) in the Target Area. November 12.2003 I. Publish notice of second public hearing in Seguin Gazette. 2. Post notice of second public hearing on the City's internet website. NOTE: This notice must remain posted on the web site through the date of the hearings. November 20. 2003 - Finalize service plan for the Target Area. December 1. 2003 - First public hearing at City Council regular meeting. December 2. 2003 - Second public hearing at location to be determined {\J.--(z; , December 23. 2003 - First City Council consideration of the annexation ordinance (workshop meeting). I Note that if 10% of the permanent residents of the Target Area file written objection to the proposed annexation within 10 days after the first published notification of the annexation, then this meeting will need to be held in or near the Target Area. 20077488.1 , \, 'v, \~ ;;,'1'. , \ >' ~ 'v '{~ December 30. 2003 - Second City Council consideration of the annexation ordinance (regular meeting). Post-Annexation Tasks 1. Provide notice of annexation to the Texas Secretary of State. 2. Provide notice of annexation to the Texas Comptroller of Public Accounts. 3. File certified copy of the annexation ordinance in the county clerk's office of the county where the Target Area is located. 4. Update Municipal Boundary and Extraterritorial Jurisdiction maps. 20077488.1 -2-