Loading...
01A26-MUD No. 1ORDINANCE NO. Q~ -a 6 AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF THE TERRITORY COMPRISING GUADCO MUNICIPAL UTII.ITY DISTRICT NO.1 AND RELATED MATTERS WHEREAS, the City Council of the City of Schertz (the "City") wishes to annex the territory described on Exhibit A (the "Annexed Land") comprising GUADCO Municipal Utility District No. 1 (the "District"); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City; and WHEREAS, the City Council of the City has conducted two public hearings (i) for which notice was properly given and (ii) at which people interested in the annexation were given the opportunity to be heard, all in compliance with Chapter 43 of the Local Government Code, as amended (the "Act"); and WHEREAS, the City has provided written notice of the annexation of the Annexed Land to each public school district located in the area of the Annexed Land in compliance with the Act; and WHEREAS, the City Council has directed the City Manager to prepare a service plan (the "Service Plan") that provides for the extension of municipal services into the Annexed Land in accordance with the Act; and WHEREAS, the Service Plan, which is attached hereto as Exhibit B, has been discussed at such public hearings; grid WHEREAS, the City has complied with all other requirements of the Act relating to annexation of the Annexed Land; and WHEREAS, the City Council of the City finds 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; and WHEREAS, the City believes that it is in the best interest of the citizens of the City and the inhabitants of the Annexed Land that the District is abolished in accordance with the Act. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City of Schertz hereby annexes the Annexed Land described in Exhibit A. SECTION 2. The Annexed Land shall be included within the City's corporate limits, effective December 3 1, 2001, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City. #zoo t sazs~t < SECTION 3. The Service Plan attached as Exhibit B is hereby adopted as a part of this Ordinance. The Service Plan shall be valid for ten years, and renewal of the Service Plan shall be at the City's discretion. SECTION 4. The inhabitants of the Annexed Land shall be entitled to all of the rights and privileges of all the citizens of the City and shall be bound by the acts, ordinances, resolutions, and regulations of the City. SECTION 5. The District shall be abolished effectively at midnight on December 31, 2001 and, in accordance with the Act, the City shall thereupon succeed to all powers, duties, assets, and obligations of the District. SECTION 6. This Ordinance shall be in full force and effect from and after its final passage, and it is so ordained. [The remainder of this page intentionally left blanlcJ #zoo~ss2svi< -2- PASSED AND APPROVED on first reading the ~o~i~y of November, 2001. ATTEST: n yt~ ~/~'~ Ci Sec e Mayor PASSED AND FINALLY APPROVED this the ~ da of,Q~c," b ~,; 2001. Mayor ATTEST: .vt..c/ ~~ City ecre azooissas~~< S-1 Exhibit A Description of the Guadco Municipal Utility District No. 1 495.5424 Acre Tract 495.5424 acres of land out of the Rafael Garza Survey No. 98 and the J. F. Zepeda Survey No. 2571ocated in Comal and Guadalupe Counties, Texas and the James W. Gray Survey and the Pedro San Miguel Survey No. 2561ocated in Guadalupe County, Texas: being as follows: (1) a part of a 453.754 acre tract described in Vol. 485 page 529 of the Guadalupe County Deed Records and No.132860 of the Comal County Deed Records, (2) a part of a 171.719 acre tract described in Vol. 480 page 287 of the Guadalupe County Deed Records and Vol. 214 page 23 of the Comal Co. Deed Records (3) all of a 30.647 acre tract described in Vol. 485 page 637 of the Guadalupe Co. Deed Records, (4) all of a 16.155 acre tract described in Vol. 485 page 642 of the Guadalupe County Deed Records (5) all of a 25.531 acre tract which is part of a 76.356 acre tract described in Vol. 352 page 110 of the Guadalupe Co. Deed Records, (6) all of a 55.255 acre tract which is a part of a 76.370 acre tract described in Vol. 382 page 77 and also a part of said 76.356 acre tract described in Vol. 352 page 110 of the Guadalupe Co. Deed Records, (7) 53.124 acres in Guadalupe and Comal Counties and being a part of a 63.8 acre tract described in Vol. 83 page 258 of the Comal Co. Deed Records; said 495.5424 acre tract being described as follows: BEGINNING at an iron pin marking the most Westerly West corner of said 453.754 acre tract being on the N.E. R/W line of FM 1103 and being the South corner of said 53.124 acre tract; THENCE N 30° 06' 52.1" W along the S.W. boundary of said 53.124 acre tract being the N.E. R/W line of FM 1103 a distance of 918.66 ft. to a concrete monument with a brass plate marking the lower N.W. corner of said 53.124 acre tract and being on the S. E. R/W line of Interstate Highway No.35; THENCE following along the S.E. R/W line of said Interstate Highway No. 35 the following courses and distances: N 15°28' E, 167.35 feet N 59°45' E, 338.20 feet N 54°23' E, 559.98 feet N 54°23' E, 444.42 feet N 59°45' E, 1148.80 feet N 59°45' E, 600.30 feet S 75°07'30" E, 116.00 feet N 59°28' E, 40.20 feet N 15°09' E, 116.00 feet N 59°45' E, 999.40 feet N 70°46' E, 570.60 feet N 70°23' 30" E, 192.56 feet N 59°45' E, 650.19 feet N 47° 15' E, 460.27 feet N 81 °58' 30" E, 47.56 feet to an iron pin marking the North corner of the above referred to 171.719 acre tract; #zootsazs~t< A-1 THENCE S 29° 13' 30" E along the N.E. boundary of said 171.719 acre tract a distance of 501 feet to a point for corner; THENCE S 60° 46' 30" W, 138.00 feet; THENCE S 29° 13' 30" E, 100.00 feet; THENCE S 60° 46' 30" W, 366.65 feet; THENCE S 90° 00' 00" W, 499.29 feet; THENCE S 65° 15' 00" W, 1425.00 feet; THENCE S 59° 45' 00" W, 588.00 feet; THENCE S 29° 55' 13.8" E, 2115.06 feet; THENCE S 26° 12' OS" E, 200.42 feet; THENCE S 29° 55' 13.8" E, 521.13 feet; THENCE N 60° 04' 46.2" E, 300.00 feet; THENCE N 47° 45' 00" E, 35.00 feet; THENCE N 35° 30' 00" E, 390.00 feet; THENCE S 54° 30' 00" E, 185.00 feet; THENCE N 35° 30' 00" E, 30.00 feet; THENCE S 54° 30' 00" E, 970.00 feet; THENCE S 35° 30' 00" W, 20.48 feet; THENCE S 29° 55' 13.8" E, 397.14 feet; THENCE S 59° 18' 00" W a distance of 620 feet to an inside corner of said 171.719 acre tract; THENCE continuing S 59° 18'00" W along a boundary of said 171.719 acre tract a distance of 579.97 feet to an iron pin marking the most Westerly South corner of said 171 .719 acre tract; THENCE S 61 ° 06' W a distance of 8.08 feet to a RR. spike marking the North corner of the said 16.155 acre tract; THENCE S 29° 37' E a distance of 699.92 feet to a R.R. spike marking the East corner of said 16.155 acre tract; #zoo~ss2s~i< A-2 THENCE S 58° 52' W a distance of 15 feet to a'/.' re-bar; THENCE S 59° 07' W continuing along the S.E. line of said 16.155 acre tract a distance of 502.70 feet to an iron stake being the North corner of the above referred to 55.255 acre tract; THENCE following along the boundaries of said 55.255 acre tract the following courses and distances: S 29° 03' E, 572.43 feet N 60° 58' E, 257.70 feet S 29° 55' E, 1642.00 feet S 50° 56' 45.1" W, 1665.97 feet N 54° 50' W, 361.00 feet N 29° 45' W, 525.91 feet to the South corner of above referred to 25.531 acre tract; THENCE N 29° 45' W along the S.W. line of said 25.531 acre tract a distance of 14.09 feet to a point; THENCE N 29° 27' W continuing along the S.W line of said 25.531 acre tract a distance of 860.10 feet to a point; THENCE N 28° 32' W a distance of 223.11 feet to the South corner of the above referred to 30.647 acre tract being a 1" Galvanized iron pipe; THENCE N 29° 39' 33.6" W a distance of 1247.68 feet to a 1" G.I.P. marking the West corner of said 30.647 acre tract, being the lower South corner of said 453.754 acre tract; THENCE following along the boundaries of said 453.754 acre tract the following courses and distances: N 29° 50' W, 789.50 feet S 60° 11' W, 193.62 feet S 27° 03' E, 167.71 feet S 59° 45' W, 895.80 feet S 86° 41' W, 81.85 feet N 40° 32' W, 249.70 feet to the P.C. of a curve to the right having a radius of 1870.08 feet and a central angle of 10° 18 ; THENCE following along said curve to the right a distance of 336.18 feet to the P.T. of said curve being on the N.E. R/W line of said FM 1103; THENCE N 30° 14' W continuing along the boundary of said 453.754 acre tract being the N.E. R/W line of said FM 1103 a distance of 1222.10 feet; THENCE N 30° 00' 03.8" W continuing along said N. E. R/W line of FM 1103 a distance of 782.49 feet to the point of beginning and containing 495.5424 acres more or less. #aooisaas~~< A-3 Exhibit B City of Schertz Annexation of Northcliffe and a part of Scenic Hills (Guadco MUD 1) The City of Schertz, Texas, proposes and adopts the following plan: A. That upon installation of water and sewer lines as required by ordinances of the City, the City will permit those services to be used according to the general standard and cope of those types of services furnished by the City in other areas of the City of Schertz which have characteristics oftopography, patterns of land utilization, and population density similar to this area being annexed. B. That law enforcement service, animal control services, fire department services, and emergency medical services will be provided by the City of Schertz according to the general standard and scope of those services furnished by the City in other areas of the City of Schertz which have characteristics oftopography, patterns of land utilization, and population density similar to this area being annexed. C. That planning services, building inspections and code enforcement services will be made available by the City of Schertz according to the same standard and scope of that type of service made available by the City in other areas of the City of Schertz, Texas. D. That library services will be made available by the City of Schertz according to the same standard and scope of that type of service made available by the City in other areas of the City of Schertz, Texas. E. That functions of public works department including street repair and maintenance, drainage, parks and recreation services will be made available by the City of Schertz according to the same standard and scope of that type of service made available by the City in other areas of the City of Schertz, Texas which have characteristics oftopography, patterns of land utilization, and population density similar to this area being annexed. F. That garbage collection service will be made available by the City of Schertz according to the same standard and scope of that type of service made available by the City in other areas of the City of Schertz, Texas. G. That all other utilities available within the present corporate limits of the City of Schertz will be made available to this area being annexed according to the capabilities of those companies providing those utilities and according to any agreement, contract, or franchise that may exist between those companies and the City of Schertz. H. That this area being annexed and the residents thereof are entitled to the amenities of the City of Schertz to the equal degree of the citizens presently within the corporate limits of the City of Schertz. I. That the area being annexed and the residents thereof are entitled to and shall be governed by the Charter of the City of Schertz and all statutes, ordinances, policies and any and all other governing #20018825v I < B-1 I. That the area being annexed and the residents thereof are entitled to and shall be governed by the Charter of the City of Schertz and all statutes, ordinances, policies and any and all other governing directives that exist or may ever exist for those residents presently within the corporate limits of the City of Schertz. J. That if this area being annexed is ever de-annexed, then only those laws, rules, regulations, ordinances and any and all other governing directives that may apply to areas of land within the extra territorial jurisdiction of the City of Schertz will be in effect. K. That it is the intent of the City of Schertz to comply with the laws of the State of Texas that relate to the annexation of territory. L. That the provisions of this plan will commence upon the effective date of an approved and adopted ordinance annexing this territory into the corporate limits of the City of Schertz. azootsszs~t< B-2 EXHIBIT 1 B GUADALUPE COUNTY Schertz-Cibolo I.S.D. & GUADCO MUD No. 1 Project No. 1121.GUADCO 16 DESCRIPTION OF THE Member 2s, 2001 GUADCO MUNICIPAL UTILITY DISTRICT NO, 1 386.97 ACRE TRACT 386.97 acres of land out of the Rafael Garza Survey No. 98 and the James W. Gray Survey No. 255 located in Guadalupe County, Texas: being as follows: (1) a part of a 453.754 acre tract described in Vol. 485 page 529 of the Guadalupe County Deed Records and No. 132860 of the Comal County Deed Records, (2) a part of a 171.719 acre tract described in Vol. 480 page 287 of the Guadalupe County Deed Records and Vol. 214 page 23 of the Comal Co. Deed Records (3) all of a 30.647 acre tract described in Vol. 485 page 637 of the Guadalupe Co. Deed Records, (4) all of a 16.155 acre tract described in Vol. 485 page 642 of the Guadalupe County Deed Records (5) all of a 25.531 acre tract which is part of a 76.356 acre tract described in Vol. 352 page 100 of the Guadaluape Co. Deed Records, (6) all of a 55.255 acre tract which is a part of a 76.370 acre tract described in Vol. 382 page 77 and also a part of said 76.356 acre tract described in Vol. 352 page 110 of the Guadalupe Co. Deed Records, (7) 53.124 acres in Guadalupe and Comal Counties and being a part of a 63.8 acre tract described in Vol. 83 page 258 of the Comal Co. Deed Records; said 386.97 acre tract being described as follows: BEGINNING at an Iron pin marking the most Northwesterly corner of said 386.97 acre tract being on the N. E. RIW line of F. M. 1103 and being a point on the Comal - Guadalupe County Line; THENCE with the Comal -Guadalupe County Line, N 66° 52' 03.8" E, a distance of 3,372.43 feet to a point of the above referred to 171.719 acre tract, said point being the Northeast corner of this survey; THENCE S 29° 55' 13.8" E, 1,023.07 feet along the boundary of said 171 719 acre tract; . THENCE S 26° 12' 05" E, 200.42 feet; THENCE S 29° 55' 13.8" E, 521.13 feet; THENCE N 60° 04' 46.2" E, 300.00 feet; THENCE N 47° 45' 00" E, 35.00 feet; THENCE N 35° 30' 00" E, 390.00 feet; THENCE S 54° 30' 00" E, 185.00 feet; THENCE N 35° 30' 00" E, 30.00 feet; THENCE S 54° 30' 00" E, 970.00 feet; THENCE S 35° 30' 00" W, 20.48 feet; THENCE S 29° 55' 13.8" E, 397.14 feet; THENCE S 59° 18' 00" W, 620.00 feet to a point located on said 171.719 acre tract; THENCE continuing S 59° 18' 00" W along a boundary of said 171.719 acre tract a distance of 579.97 feet to an Iron pin marking the most Westerly South corner of said 171.719 acre tract; THENCE S 61° 06' W, a distance of 8.08 feet to a R. R. spike marking the North corner of the said 16.155 acre tract; THENCE S 29° 37' E, a distance of 699.92 feet to a R. R. spike marking the East comer of said 16.155 acre tract; THENCE S 58° 52' W a distance of 15 feet to a 1/4" Re-Bar; THENCE S 59° 07' W continuing along the S. E. line of said 16.155 acre tract a distance of 502.70 feet to an Iron stake being the North corner of the above referred to 55.255 acre tract; THENCE following along the boundaries of said 55.255 acre tract the following courses and distances; S 29° 03' E, 572.43 feet; N 60° 58' E, 257.70 feet; S 29° 55' E, 1,642.00 feet; S 50° 56' 45.1" W, 1,665. 97 feet; N 54° 50' W, 361.00 feet; N 29° 45' W, 525.91 feet to the South corner of above referred to 25.531 acre tract; THENCE N 29° 45' W, along the S. W. line of said 25.531 acre tract a distance of 14.09 feet to a point; THENCE N 29° 27' W, continuing along the S. W. line of said 25.531 acre tract a distance of 860.10 feet to a point; THENCE N 28° 32.' W, a distance of 223.11 feet to the South comer of the above referred to 30.647 acre tract being a 1"Galvanized Iron pipe; THENCE N 29° 39' 33.6" W, a distance of 1,247.68 feet to a 1" G.I.P marking the West corner of said 30.647 acre tract, being the lower South corner of said 453.754 acre tract; THENCE following along the boundaries of said 453.754 acre tract the following courses and distances: N 29° 50' W, 789.50 feet S 60° 11' W, 193.62 feet S 27° 03' E, 167.71 feet S 59° 45' W, 895.80 feet S 86° 41' W, 81.85 feet N 40° 32' W, 249.70 feet to the P.C. of a curve to the right having a radius of 1,870.08 feet and a central angle of 10° 18'; THENCE following along said curve to the right a distance of 336.18 feet to the P.T. of said curve; THENCE N 30° 14' W, continuing along the boundary of said 453.754 acre tract being the N. E. R/VN line of said F.M. 1103, a distance of 1222.10 feet; HENCE N 30° 00' 03.8A W, continuing along said N. E. R/VN line of FM 1103 a distance of 782.49 feet; HENCE N 30° 06' S2° W, continuing along said N. E. R/VV line of FM 1103 a distance of 190.05 feet to the Point of Beginning and containing 386.97 acres more or less. ,J~ "=1 /~ 3 Z- / ~i ~~ i~ ii -~ i 1 _~~ ,iI i ~ i~ ~/ i ~ ~ i i o \~~~ \~ EXI~BTT 2A GUADCO MUD NO. II COMAL COUNTY FORD ENGINEERING, INC.