15-A-01 - Recorded Copy of Annex 69.111 acres Trainer HaleTEXAS COMPTROLLER Of PUBLIC ACCOUNTS
P.O.Box 13528 • AUSTIN, TX 78711 -3528
February 12, 2015
Ms. Brenda Dennis
City Secretary
City of Schertz
1400 Schertz Pkwy Bldg 2
Schertz, TX 78154
Dear Ms. Dennis:
We have received Schertz annexation ordinance no. 15 -A -01 and the map indicating the property
annexed into the City of Schertz.
Our office needs additional time to implement the local sales and use tax in the annexed area.
Therefore, the effective date to begin collection of this tax will be July 1, 2015.
If you have any questions or need more information, please call me toll free at (800) 531 -5441,
ext. 51907. My direct number is (512) 475 -1907.
Sincerely,
Josh Hastie
Revenue Accounting Division
Tax Allocation Section
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P12-20150018520-12
CERTIFICATE OF CITY SECRETARY
THE UNDERSIGNED HEREBY CERTIFIES THAT:
1. On the 13th day of January 2015, the City Council (the "Council ") of the City of Schertz,
Texas (the "City ") convened in regular session in the regular meeting place of the City at
the Hal Baldwin Municipal Complex City Council Chambers (the "Meeting "), the duly
constituted members of the Council being as follows:
Michael R. Carpenter Mayor
Daryl John Mayor Pro -Tem
Jim Fowler Councilmember
Grumpy Azzoz Councilmember
Robin Thompson Councilmember
And all of such persons were present at the Meeting, except the following:
Councilmember Cedric Edwards, thus constituting a quorum. Among other business considered
at the Meeting, the attached Ordinance (the "Ordinance ") entitled:
ORDINANCE NO. 15-A-01
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF
SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 69.111 ACRES
LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 1500 FEET NORTH OF
1 -10, BEXAR COUNTY, TEXAS.
Was introduced and submitted to the Council for passage and adoption. After presentation and
discussion of the Ordinance, a motion was made by Councilmember Jim Fowler that the
Ordinance be finally passed and adopted in accordance with the City's Home Rule Charter. The
motion was seconded by Councilmember Grumpy Azzoz and carried by the following vote:
4 voted "For" 0 voted "Against" 0 abstained
all as shown in the official Minutes of the Council for the Meeting.
2. The attached Ordinance is a true and correct copy of the original on file in the official
records of the City; the duly qualified and acting members of the Council on the date of
the Meeting are those persons shown above, and, according to the records of my office,
each member of the Council was given actual notice of the time, place, and purpose of
the Meeting and had actual notice that the Ordinance would be considered; and the
Meeting and deliberation of the aforesaid public business, including the subject of the
Ordinance, was posted and given in advance thereof in compliance with the provisions of
Chapter 551, as amended, Texas Government Code.
Book 17072 Page 2335 12pgs
IN WITNE WHEREOF, I have signed my name officially and affixed the seal of the
City, t y of January, 2015.
A O.A,AAL4
q f VA I et
renda Dennis, City Secretary
t �
ORDINANCE NO. 15 -A -01
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF
SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 69.111 ACRES
LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 1500 FEET NORTH OF
1 -10, BEXAR COUNTY, TEXAS.
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 Annexed Land is located entirely within the extraterritorial jurisdiction of the
City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous,
pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be
annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act ");
and
WHEREAS, two public hearings were held before the City Council of the City of Schertz,
Texas, on the 9th day of December, at 6:00 pm and on the 16th day of December, 2014 at 6:00
pm. which dates were not more that forty (40) days nor less that twenty (20) days prior to the
institution of the annexation proceedings; and
WHEREAS; notice of such public hearings were published on the City of Schertz internet
website and published in the newspaper having general circulation in the City of Schertz, Texas
on the 26th day of November, 2014 which dates were not more than twenty (20) days nor less
than ten (10) days prior to the day of such public hearings; and
WHEREAS; notice of such public hearings were published in a newspaper having general
circulation in the City of Schertz, Texas on the 26th day of November, 2014 which dates were not
more than twenty (20) days nor less than ten (10) days prior to the day of such public hearings;
and
WHEREAS; the City Council of the City fmds that (i) the Annexed 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 Annexed Land be annexed to and made a part of the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The City hereby annexes the Land described in Exhibit A.
Section 2. The Annexed Land shall be included within the City's corporate limits
effective on the effective date of this Ordinance, and all taxable property in the Annexed Land
Ordinance 15 -A -01
shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable
exemptions.
Section 3. The inhabitants of the Annexed Land shall be entitled to all of the rights and
privileges of all the citizens of the City and be bound by the acts, ordinances, resolutions, and
regulations of the City subject only to the Service Plan hereby adopted and attached hereto as
Exhibit B.
Section 4. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 5. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 7. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 8. It is officially found, determined, and declared that the meeting at which this
Ordinance 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 Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 9. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
Section 10. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Ordinance 15 -A -01
Approved on first reading the 6th day of January, 2015.
PASSED, APPROVED AND ADOPTED on final rea ' 13th day of January, 2015.
ichael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Ordinance 15 -A -01
Exhibit B
"The Service Plan"
CITY OF SCHERTZ, TEXAS
ANNEXATION SERVICE PLAN
._►1►1 . i
Approximately 69.111 + /- acres of Land, located on Trainer Hale Road, approximately 1500 feet north of
I -10, all in Bexar County, Texas, as shown on the map attached hereto as Exhibit "A ".
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 provided on the effective date of the
annexation at the same or similar level of service now being provided to other areas of the City, with like
topography, land use and population density as those found within the newly annexed area..
FIRE PROTECTION AND FIRE PREVENTION
Fire protection and fire prevention services will be provided on the effective date of the annexation at the
same or similar level of service now being provided to other areas of the City, with like topography, land
use and population density as those found within the newly annexed area.
EMERGENCY MEDICAL SERVICES
Emergency medical services will be provided on the effective date of the annexation on the same basis
and at the same or similar level of service now being provided to other areas of the City, with like
topography, land use and population density as those found within the newly annexed areas.
SOLID WASTE COLLECTION AND DISPOSAL
Solid waste collection will be provided to the newly annexed area at the same or similar level of service
now being provided to other areas of the City with like topography, land use and density as those found
within the newly annexed area. The City may negotiate with annexed areas to allow continued services
with an existing solid waste management provider. After the second anniversary of the annexation date,
the City may impose fees and provide the service.
Ordinance 15 -A -01
EXHIBIT A
D *A *1��C1ilV YE R
LAND SURVEYING
METES AND BOUNDS DESCRIPTION
FOR A
69.111 ACRE TRACT OF LAND
Being 69.111 acres of land out of the E. Gortari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County, Texas,
and being all of a 69.106 acre tract of land described in Volume 6160, Page 1686 of the Official Public Records of Real
Property of Bexar County, Texas, and said 69.111 acres of land being more particularly described as follows:
BEGINNING at a'' /z" iron pin found on the Northeast right-of-way line of Trainer Hale Road, a Southwesterly corner of a
76.525 acre tract of land as described in Volume 6957, Page 2037 of the Official Public Records of Real Property of
Bexar County, Texas, and being the most Westerly corner of this herein described 69.111 acre tract of land;
THENCE departing the Northeast right -of -way line of said Trainer Hale Road and with the Southeast line of said 76.525
acre tract of land, the following calls and distances:
N 590 45' 28" E a distance of 593.61 feet to a' /Z" iron pin with cap stamped "DAM 45348 PROP. COR." set for a
corner:
S 450 08' 36" E a distance of 347.44 feet to a Iz" iron pin found for an interior corner;
and N 60° 51' 16" E a distance of 932.73 feet to a 1" iron pipe found for the East corner of said 76.525 acre tract of land,
a Southwest coiner of a 16.081 acre tract of as described in Volume 15339, Page 851 of the Official Public Records of
Bexar County, Texas;
THENCE with the Southeast line of said 16.081 acre tract of land and passing the South corner of a 11.887 acre tract of
land as described in Volume 12333, Page 538 of the Official Public Records of Bexar County, Texas, N 60° 53' 27" E a
distance of 1909.82 feet to a %" iron pin found on line for a reference point, a total distance of 1994.55 feet to the center
of Cibolo Creek for the East comer of said 16.081 acre tract of land and being the North corner of this herein described
69.111 acre tract of land;
THENCE with the meanders of Cibolo Creek the following calls and distances:
S 22° 3 6' 10" E a distance of 299.88 feet to a point;
S 430 49' 17" E a distance of 33.64 feet to a point;
and S 18° 11' 30" E a distance of 481.20 feet to point for the East corner of this herein described 69.111 acre tract of
land;
THENCE departing the center line of Cibolo Creek, S 591 47' 58" W a distance of 151.27 feet to a' /2" iron pin found on
line for a reference point, a total distance of 3241.67 feet to a ''/2" iron pin found on the Northeast right -cif -way line of said
Trainer Hale Road, a Westerly corner of a 62.139 acre tract of land as described in Volume 8434, Page 1819 of the
Official Public Records of Real Property of Bexar County, Texas, and being the Southwest corner of this herein described
69.111 acre tract of land;
THENCE with the Northeast right -of -way Iine of said Trainer Hale Road, the following calls and distances:
N 37° 11' 21" W a distance of 134.66 feet to a'' /z" iron pin with cap stamped "DAM #5348 PROP. COR." set for a
corner;
N 38° 24' 49" W a distance of 652.84 feet to a' /2" iron pin with cap stamped "DAM #5348 PROP. COR." set for a
corner:
�- r 2700 Rolling Creek, Spring Branch, TX 78070 1 T: 210.325.0858
N48' 16'36"W a distance of 332.53 feet to a' /z" iron pin with cap stamped "DAM #5348 PROP. COR." set for a
corner and a curve to the left;
and with said curve to the left, having a Radius of 679.64 feet, an Arc Length of 98.09 feet, a Delta Angle of 080 16' 08 ",
and a Chord bearing and distance of N 44° 08' 32" W, 98.00 feet to a to the POINT OF BEGINNING and containing
69.111 acres of land, more or less;
Bearings based on the Texas State Plane Coordinate System, Texas South Central Zone (4204), N.A.D 1983
Surveyed on the ground this the �K day of January, 2014.
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Drew A. awyer ■ -% ............. °
DREWA. MAWYER
Registered Professional Land Surve or No. 5348 .. �. ®e • � . ° °A ° ° •
TBPLS firm Registration #f10191500
SA DAM -MLV 2014 ProjectACCM004- Trainer Ha1e1M&BNCC1%4004 -69.11 I AC- M &B.doc
�L 2700 Rolling Creek, Spring Branch, TX 78070 ] T. 210.325.0858
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SCC�H IE R TZ City Of S ch e rtz Annexation W <�'(�E
COMMUNITY *SEiiYIGE *OPPORTUNITY Ordinance 15-A-01 S
S
Last Update: December 3, 2014
City of Schertz„ GIS Coordinator. Tony MLFalls, gis @sch,r , m (218) 619 -1184
Exhibit A
H
=N 0 250 500 1,000 1,500 2,000
�...,...,..N., R...... Feet
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 at the same or
similar level of service now being provided to other areas of the City, with like topography, land use and
population density as those found within the newly annexed area.
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.
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
Police and Fire Protection and Solid Waste Collection
The City finds and determines it is not necessary to acquire or construct any capital improvements within
2 1/2 years of the effective date of the annexation of the particular annexed area for the purpose of
providing police protection, fire protection, emergency medical services or solid waste collection. The
City finds and determines that it has at the present time adequate facilities and other resources to provide
the same type, kind and level of service and protection which is presently being administered to other
areas already incorporated in the City of Cibolo, Texas with like topography, land use and population
density as those found within the newly annexed areas.
2. Water/Wastewater Facilities
For the next 2 1/z years, Cibolo finds and determines that there is sufficient capacity for wastewater to
provide services to the annexed area pursuant to the City's extension policies. The construction of any
capital improvements for water and wastewater services to an annexed area will be completed pursuant to
the City's infrastructure extension policies.
Ordinance 15 -A -01
Roads and Streets
The City finds and determines it is not necessary to acquire or construct any capital improvements within
2 % years of the effective date of the annexation of the particular annexed areas.
4. Maintenance of Parks, Playgrounds, and Swimming? Pools and Any Other Publicly Owned
Facility, Building, or Service
The City finds and determines it is not necessary to acquire or construct any capital improvements within
2 1/2 years of the effective date of the annexation of the particular annexed areas for the purpose of parks
maintenance, playgrounds, swimming pools and other publicly owned facility, building or service.
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 in any if
the above service categories 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.
SPECIFIC FINDINGS
The City finds and determines that this proposed service plan will not provide any fewer services and will
not provide a lower level of service in the areas being considered for annexation that were in existence in
the proposed areas at the time immediately preceding the annexation process. Given the proposed
annexation areas' topography, land utilization and population density, the service levels to be provided in
the newly annexed areas will be equivalent to those provided to other areas of the City with similar
characteristics.
TERM
This service plan shall be valid for a term of ten (10) years.
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Local Government
Code Section 43.0561.
Doc# 20150018520 Fees: $70.00
02/03/2015 3:14PM # Pages 12
Filed & Recorded in the Official
Public Records of BEXAR COUNTY
GERARD C. RICKHOFF COUNTY CLERK
Ordinance 15 -A -01
Aropetiyyyblaa Bc of race li Invalid and unenforceable underr Federal law
her byaCThifp that Dlhic Inelrumenml was FILED In File Number Sequence en
this dale end at the time otimped hereon by me end was duly RECORDFtI
in tha Official Public RecOrd of Real Properly Of Boxer County, Taxes i4r,
e
CnUi�TY CLERK REXAP r'Ol1NTY, T=x