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2011-R-29 Annexation of approximately 3,310 acres of property East of FM 1518, South of schaefer road, and north of I-10 all in bexar CountyRESOLUTION NO. 11 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RELATING TO THE ANNEXATION OF APPROXIMATELY 3,310 + /- ACRES OF PROPERTY EAST OF FM 1518, SOUTH OF SCHAEFER ROAD, AND NORTH OF I -10, ALL IN BEXAR COUNTY, TEXAS, AS DESCRIBED HEREIN; AUTHORIZING AND DIRECTING THE HOLDING OF PUBLIC HEARINGS FOR THE PROPOSED ANNEXATION, THE PUBLICATION OF NOTICES OF THOSE PUBLIC HEARINGS, PREPARATION BY THE PLANNING DEPARTMENT OF A SERVICE PLAN, GIVING OF WRITTEN NOTICES OF INTENT TO ANNEX, GIVING OF WRITTEN NOTICES 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 fmds 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 Land proposed to be annexed is generally undeveloped large tracts, and the City Council of the City finds that it is in the public interest that such Land be subject to the City's development controls through annexation or development agreements in lieu of annexation as described in Section 5 of this Resolution; and WHEREAS, two areas in the City's extraterritorial jurisdiction are not included in the Land to be annexed and, following this annexation, will be entirely surrounded by the City, and the City Council of the City finds that it is in the public interest to exclude such property from the Land to be annexed because such property is generally already developed and does not present the immediate development concerns represented by the Land to be annexed; 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 fmds 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. 50420322.1 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 which provides services to the Land, and each railroad company, if any, that owns a right -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 may be 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 50420322.1 2 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.] 50420322.1 3 PASSED AND ADOPTED, this 24th day of May, 2011. CITY OF SC ERT ERAS Mayor ATTEST: C ecretary (CITY SEAL) 50420322.1 S -1 EXHIBIT A PROPERTY TO BE ANNEXED 50420322.1 A -1 i_ BURNETTE 4 W � J � � V Q _ (± 590 A C) RAY CORBETT DR LOWER SEGUIN RD GUADALUPE COUNTY LOWER VALLEY LN Total ± 3,310 AC �9 yyO OPIE 11 FQ�4 C 9a SEXAR COUNTY Y (± 2,720 AC) m ¢o t 0 TRAINER HALE RD SCHMIDT- CRAFTLN a W J 4 w 6g�0CRff� a DUSTYFIELDS Proposed Annexation Area City of S c h e rtz Current Municipal Boundaries Proposed Annexation &Development Agreements Parcels 50420322.1 A -2 EXHIBIT B ANNEXATION TIMELINE May 24, 2011 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 May 25, 2011 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 (including emergency services districts) 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 City Secretary sends notices of public hearings to Commercial Recorder for publication on May 20, 2011 May 27, 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 Commercial Recorder; post notice of both public hearings on City's internet website (Note: Notice on website must remain posted through hearing date .)2 June 13, 2011 Meeting with owners of ag- assessed land to answer questions about development agreement offer June 28, 2011 First public hearing at City Council meeting July 5, 2011 Second public hearing at City Council meeting (location may be required to change 3) July 7, 2011 City Attorney receives responses to letters regarding development agreements July 26, 2011 First City Council consideration of annexation ordinance August 2, 2011 Second City Council consideration of annexation ordinance; annexation is final City Attorney completes and records development agreements August 3, 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 Extraterritorial 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. z Notice for each hearing must be published 10 to 20 days before the date of each hearing. Also, the municipality must give additional notice by certified mail to each railroad company that serves the municipality and is on the municipality's tax roll if the company's right -of -way is in the area proposed for annexation. s 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. 4 Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. 50420322.1 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 3,310 + /- acres of property east of FM 1518, south of Schaefer Road, and north I -10, all in Bexar 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 50420322.1 C -1 RAY �o y9 2y O� CF C 7- RAF BURNETTE Y (± 590 A C) - - LOWER SEGUIN RD Total ± 3,310 AC (± 2,720 A C) IRAINER HALE RD BEXAR COUNTY a DUSTY FIELDS O a w ti Q a w 2 C GUADALUPE COUNTY LOWER VALLEY LN SCHMIDT- CRAFTLN r City of S c h e rtz "" Proposed Annexation Area Current Municipal Boundaries Proposed Annexation CJO &Development Agreements Parcels 50420322.1 C -2 OPIE d EXHIBIT D [City of Schertz letterhead] May 25, 2011 Re: Notice of Intent to Annex (approximately 3,310± Acre Tract) Superintendent Schertz-Cibo lo -Universal City 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 3,310 + /- acres of property east of FM 1518, south of Schaefer Road, and north of I -10, all in Bexar 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 50420322.1 D- I Proposed Annexation Area Cityof S ch e rtz Current Municipal Boundaries Proposed Annexation de & Development Agreements Parcels 50420322.1 D -2 I -- RAFBURNETTE O W J l Y O � (± 590 AC) C mg RAY CDR BETTDR LOWER SEGUIN RD c GUADALUPE COUNTY LOWER VALLEY LN Total ± 3,310 AC \�9 2y O OP!L Ra BEXAR COUNTY (± 2,720 A Q f 0 TRAINER HALE RD SCHMID T• CRAFTLN O W J Q W �Q•� DUSTY FIELDS Proposed Annexation Area Cityof S ch e rtz Current Municipal Boundaries Proposed Annexation de & Development Agreements Parcels 50420322.1 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 June 28, 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 3,310 + /- acres of property east of FM 1518, south of Schaefer Road, and north of I -10, all in Bexar County, Texas, as shown on the attached map. 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 50420322.1 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 July 5, 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 3,310 + /- acres of property east of FM 1518, south of Schaefer Road, and north of I -10, all in Bexar County, Texas, as shown on the attached map. 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 50420322.1 E -2 CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN _1ill 1k1W/21 BE, Approximately 3,310 + /- acres of property east of FM 1518, south of Schaefer Road, and north of 1 -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 level as provided throughout the City. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided on the effective date of the annexation at the same level as provided throughout the City. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. However, no obligation exists for the City to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. 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 on the same basis and at the same level as provided throughout the City. 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. A2011 -001 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. • • _ • ► _ ►; ii ► ► = ► • : , - _ .� �I�Z• �'.1�:7111 ��[aA`L•1►�c�1i1149 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 The City will make available to the annexed area any necessary water, sewer, street, and drainage facilities within four and one -half (4 -1/2) years of the effective date of the annexation unless the construction of the necessary facilities is interrupted by circumstances beyond the control of the city, or unless this period is extended by an arbitration decision. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with Local Government Code Ch. 395. Construction of other capital improvements shall be considered by the City in the future as the needs dictate on the same basis as such capital improvements are considered throughout the City. 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. 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. A2011 -001 z m 1 - 3CtiaEFC Rn Total 7 RAFwRNETTE a - i ± 3,310 AC m I (± 590 AC) i I - i _ W L LOWER SEGUIN RD �, G COUNTY E LOWER VALLEY LN ti fITIGi, N do Proposed Annexation Area '0 City of Sch e rtz Current Municipal Boundaries E ' &Development Agreements Proposed Annexation - 11 -R -29 Parcels last UOdele' Mey 2a Wii gy Miles 0 1/8 114 112 3A 1 .,..k.. ..............,...,— .,,_:.,.,. Total a ± 3,310 AC ct'p BEXAR -{ COUNTY i - (± 2,720 AC) - - - a I a - ICI -i T l — TRAINER HALE RD I SCHM/DT- // CRAFT LN r LU - I I ~ _ DUSTY FIELDS ti fITIGi, N do Proposed Annexation Area '0 City of Sch e rtz Current Municipal Boundaries E ' &Development Agreements Proposed Annexation - 11 -R -29 Parcels last UOdele' Mey 2a Wii gy Miles 0 1/8 114 112 3A 1 .,..k.. ..............,...,— .,,_:.,.,.