24-A-37 Annexation 2-acres Comal County ID:374145ORDINANCE NO.24-A-37
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 2-ACRES, KNOWN AS COMAL COUNTY
PROPERTY IDENTIFICATION NUMBER 374145, COMAL 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
"Annexed 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 43.016 of the Texas Local Government Code, as amended), and may be
annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended; and
WHEREAS, Texas Local Government Code Section 43.0671 authorizes the City of
Schertz to extend its City limit boundaries through the voluntary annexation of area adjacent to
those boundaries upon petition of a landowner; and
WHEREAS, a public hearing notice was published in the San Antonio Express News on
May 24, 2024 for the hearing on June 4, 2024; and
WHEREAS, on April 16, 2024 the City Council considered the request for voluntary
annexation, and adopted Resolution 24-R-41 accepting a petition for voluntary annexation; and
WHEREAS, the City Council finds that surrounding any area, but not including such area
within the City limits, through this annexation is in the public's interest pursuant to Texas Local
Government Code section 43.057; and
WHEREAS, the City Council finds that the Annexed Land is suitable, and 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 shall
hereafter bear its pro rata part of the taxes levied by the City, subject to allowable
exemptions.
Section 3. The land and territory more particularly described as that portion of the tract of
land described in Exhibit A, attached hereto and incorporated herein by reference shall be
part of the City of Schertz, Texas and inhabitants thereof shall be entitled to all of the rights
and privileges as citizens and shall be bound by the acts, ordinances, resolutions, and
regulations of the City of Schertz, Texas.
Section 4. A service plan outlining the provisions of necessary municipal service to the
properties described in Exhibit A is hereby approved and the implementation of said plan
is hereby authorized. Such plans are attached hereto and incorporated herein as Exhibit B.
Section 5. The City manager is hereby authorized and directed to take appropriate action
to have the official map of the City revised to reflect the additions to the City's Corporate
Limits and the City Secretary is hereby authorized and directed to provide appropriate
notice to the State of Texas and the County of Guadalupe of this annexation.
Section 6. 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 7. 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 8. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 9. 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 10. 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 11. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
Section 12. 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.
PASSED ON FIRST READING, the `k day of
P SS :DfPROVED and ADOPTED ON SECOND READING, th day of
2024.
CITY OF SC RTZ, TEXAS
Ralph ou YerrezoAayor
AT
Sheila Edmondsol'i, City Secretary
Exhibit "A": Property Depiction
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Exhibit " S": Service Plan
Exhibit "B": Service Plan
SERVICE PLAN
CITY OF Schell TEXAS
SERVICE PLAN FOR ANNEXATION OF
Comal County, Property Id: 374145
Upon annexation of the area identified above and as identified on Exhibit A, the City of Schertz will provide
City services utilizing methods by which it extends services to any other equivalent area of the City,
SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION
1. Police Protection
The City of Schertz, Texas and its Police Department will provide police protection to newly annexed
areas 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. The
Police Department will have the responsibility to respond to all dispatched calls for service or
assistance within the newly annexed areas.
2. Fire Protection and Emerrenc y Medical Services
The City of Schertz, Texas will provide fire protection to newly annexed areas 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.
The City of Schertz, Texas will provide EMS services to newly annexed areas 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.
f. Maintenance of Water and Wastewater Facilities
All water and wastewater facilities owned or maintained by the City of Schertz at the time of the
proposed annexation shall continue to be maintained by the Cityof Schertz. All water and wastewater
facilities which may be acquired subsequent to the annexation of the proposed areas shall be
maintained by the City of Schertz to the extent of its ownership. The now existing water and
wastewater mains at existing locations shall be available for the point of use extension based upon
the City of Schertz standard extension policy now existing or as may be amended. Existing On -site
sewerage systems may be maintained in accordance with the County's regulations.
Solid Waste Collection
Solid waste collection will be provided to citizens in the newly annexed areas 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 areas. 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 will impose fees and provide the service.
If areas with private roads and/or gates are arranged so that garbage may be collected without
creating a safety hazard, the City, at its discretion, may collect the garbage provided proper
indemnification Is received from the community association or individual property owners. The City
will then impose fees and provide the service. Garbage collection locations shall be subject to the
approval of the Sanitation Manager. In the event the City does not collect garbage within the areas
with private roads and/or gates, residents of these areas will not be billed for service after the two-
year date.
Page 1
5. Maintenance of Roads and Streets
Any and all public roads, streets or alleyways shall be maintained to the same degree and extent that
other public roads, streets, and alleyways are maintained in areas of the City with like topography,
land use and density as those found within the newly annexed areas. Private roads will remain under
the ownership of the homeowners association and as such maintained by the association.
6. Maintenance of Parks Pla4:.rounds, and_Swimmin=i Pools
The City of Schertz, Texas is not aware of the existence of any publicly owned parks, playgrounds or
swimming pools now located in the proposed areas of annexation. In the event any such parks,
playgrounds, or swimming pools do exist and are public facilities, the City will maintain such areas
a nd facilities to the extent and degree and to the same or similar level of service now being provided
to other such areas and facilities within the corporate limits of the City with like topography, land use
and density as those found within the newly annexed areas. Private facilities will remain under the
ownership of the homeowners association and as such maintained by the association.
7. Maintenance.of an_. Publicly owned Facility, Building or Municioal Service
The City of Schertz, Texas is not aware of the existence of any publicly owned facility, building, or
other municipal service now located in the proposed areas of annexation. In the event any publicly
owned facility, building, or other municipal service does exist and are public facilities, the City will
maintain such areas and facilities to the extent and degree and to the same or similar level of service
now being provided to other such areas and facilities within the corporate limits of the City with like
topography, land use and density as those found within the newly annexed areas.
8. Other Services
The City of Schertz, Texas finds and determines that such services as planning, code enforcement,
animal control, library, parks and recreation, court and general administration will be made available
after the effective date of annexation all the same or similar level of service now being provided to
other areas of the City with similar topography, land use and density as those found within the newly
annexed areas.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2'/2 YEARS
Police and Fire Protection and Solid Waste Collection
The City of Schertz, Texas, finds and determines it is not necessary to acquire or construct any
capital improvements within 2 Y2 years of the effective date of the annexation of the particular
annexed areas 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
Schertz, Texas with like topography, land use and population density as chose found within the newly
annexed areas.
Water and Wastewater Facilities
For the next 2 Y2 years, the City of Schertz, Texas finds and determines that there is water and
wastewater services available to the annexed areas pursuant to the City of Schertz extension
policies.
Roads and Streets
Page 2
The City of Schertz, Texas, 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
Facilit Building, or Service
The City of Schertz, Texas, 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 for the purpose of parks maintenance, playgrounds, swimming pools and other
publicly owned facility, building or service.
SPECIFIC FINDINGS
The City of Schertz, Texas, 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.
TERMS
This plan shall be valid for a term of ten (10) years. Renewal of the Service Plan is at the discretion of the
City of Schertz.
LEVEL OF SERVICE
Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of
the City, including the annexed areas, if different characteristics of topography, land use, and population
density are considered a sufficient basis for providing different levels of service.
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas
Local Government Code.
Page 3
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