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01A27-MUD No. 2ORDINANCE NO.O/-~ ~ ~ 7 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 UTILITY DISTRICT N0.2 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. 2 (the "District"); and and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City; 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; and 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 31, 2001, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City. #20019840v1< 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 blank.) #aooi9sao~i< -2- PASSED AND APPROVED on first reading the ~G~ of November, 2001. ~y~~~~~ f Mayor ATTEST: ~~~n „~-, Ci Sec PASSED AND FINALLY APPROVED this the day f 2001. f Mayor ATTEST: ~~~~ Ci Secrets #2oot9sao~t< S-1 Exhibit A Description of the Guadco Municipal Utility District No. 2 310.3344 Acre Tract 310.3344 acres of land out of the Rafael Garza Survey No. 98 and the J. F. Zepeda Survey No. 2571ocated in both Comal and Guadalupe Counties, Texas and also out of the Pedro San Miguel Survey No. 256 and the James W. Gray Survey No. 2551ocated in Guadalupe County, Texas, said tract being a part of a 171.719 acre tract described in Vol. 480 page 287 of the Guadalupe County Deed Records and 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, said 310.3344 acre tract being described as follows: Beginning at an iron pin marking the lower east corner of said 171 .719 acre tract; Thence S 59°38' W along the lower S.E. boundary of said 171.719 acre tract a distance of 1594.77 ft. to an iron pin marking the lower south corner of said 171.719 acre tract; Thence N 30°13'15" W along the lower S.W. line of said 171.719 acre tract a distance of 717.50 ft. to a corner of same; Thence S 64°51'45" W a distance of 11.02 ft. to a corner of said 171.719 acre tract; Thence N 30°18'30" W continuing along a S.W. boundary of said 171.719 acre tract a distance of 1302.40 ft. to a corner of said tract being a corner on a S.E. boundary of the 495.5424 acre tract referred to as Guadco Municiple District No. 1; Thence along the boundaries of said 495.5424 acre tract the following courses: N 59°18' E N 29°55' 13.8" W N 35° 30' E N 54°30' W S 35°30'W N 54°30' W S 35°30' W S 47°45' W S 60° 04'46.2" W N 29°55' 13.8"W N 26° 12'05" W N 29°55'13.8" W N 59°45' E N65°15'E N 90°00' E N 60°46'30" E N 29° 13'30" W N 60°46'30" E tract; 620.00 ft. 397.14 ft. 20.48 ft. 970.00 ft. 30.00 ft. 185.00 ft. 390.00 ft. 35.00 ft. 300.00 ft. 521.13 ft. 200.42 ft. 2115.06 ft. 588.00 ft. 1425.00 ft. 499.29 ft. 366.65 ft. 100.00 ft. 138.00 ft. to a point on the upper N.E. boundary line of said 171.719 acre #20019840v1< L~-1 Thence following along the boundary of said 171.719 acre tract the following courses: S 29° 13'30" E 2639.92 ft. S 12°00'45" E 2502.99 ft. S 30°43' E 500.10 ft. N 80°39' E 12.91 ft. S 29°57' E 320.55 ft. to the point of beginning and containing 310.3344 acres more or less. #20019840v1< A-2 Description of the Guadco Municipal Utility District No. 2 76.88 Acre Tract 76.88 acres of land out of the Rafael Garza Survey No. 98, and the J. F. Zepeda Survey No. 257, located in Comal County, Texas said 76.88 acre tract being described as follows: Beginning at a point marking the, westerly corner of said 76.88 acre tract, said point being on the Comal-Guadalupe County Line; Thence along the boundaries of said 76.88 acre tract the following courses; N 290 55' 13.8" W 1,089.99 ft. N 590 45' 00" E 588.00 ft. N 650 15' 00" E 1,425.00 ft. N 900 00' 00" E 499.29 ft. N 600 46' 30" E 366.65 ft. N 290 13' 30" W 100.00 ft. N 600 46' 30" E 13 8.00 ft. to a point on the upper N. E. boundary line of said 76.88 acre tract; Thence, with the east line of said 76.88 acre tract, S 290 13' 30" E, 1,158.83 ft. to a point on the Comal - Guadalupe County Line; Thence, with the Comal -Guadalupe County Line, S 660 52' 04" W, 2,952.39 ft. to the Point of Beginning and containing 76.88 acres more or less. #zoot9sao~i< A-3 Exhibit B City of Schertz Annexation of a part of Scenic Hills (Guadco MUD 2) 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 of topography, 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 directives that exist or may ever exist for those residents presently withiri the corporate limits of the City of Schertz. #20019840v 1 < B- ) 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. #20019840v1< B-2, EXHIBIT 2A COMAL COUNTY Comal I.S.D. ~ GUADCO MUD No. 2 Project No. 1121.GUADCO ZA September 28, 2001 DESCRIPTION OF THE GUADCO MUNICIPAL UTILITY DISTRICT NO, 2 76.88 ACRE TRACT 76.88 acres of land out of the Rafael Carza Survey No. 98, and the J. F. Zepeda Survey No. 257, located in Comal County, Texas said 76.88 acre tract being described as follows: Beginning at a point marktng the, westerly comer of said 76.88 acre tract, said point being on the Comal -Guadalupe County Line; Thence along the boundaries of said 76.88 acre tract the following courses; N 29° 55' 13.8" W N 59° 45' 00" E N 65° 15' 00° E N 90° 00' 00" E N 60° 46' 30" E N29°13' 30" W N 60° 46' 30" E boundary line of said 76.88 acre tract; E. Thence, with the east line of said 76.88 acre tract, S 29° 13' 30A E, 1,158.83 ft. to a point on the Comal -Guadalupe County Line; 1,089.99 ft. 588.00 ft. 1,425.00 ft. 499.29 ft. 366.65 ft. 100.00 ft. 138.00 ft. to a point on the upper N Thence, with the Comal -Guadalupe County Line, S 66° 52' 04" W, 2,952.39 ft. to the Point of Beginning and containing 76.88 acers more or less. EXHIBIT 2B GUADALUPE COUNTY schertz-cibo~o i.s.D. ~ GUADCO GAUD No. 2 Project No. 1121.GUADCO 2B September 28, 2001 DESCRIPTION OF THE GUADCO MUNICIPAL UTILITY DISTRICT NO, 2 233.45 ACRE TRACT 233.45 acres of land out of the Rafael Carza Survey No. 98, and the J. F. Zepeda Survey No. 257, located in both Comal and Guadalupe Counties, Texas and also out of the Pedro San Miguel Survey No. 256, and the James W. Gray Survey No. 255, located.in Guadalupe County, Texas, said tract being a part of a 171.719 acre tract described in Vol. 480 page 287 of the Guadalupe County Deed Records and 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, said 233.45 acre tract being described as follows: Beginning at an Iron pin marktng the, lower east corner of said 171.719 acre tract; Thence S 59°38' W along the lower S. E. boundary of said 171.719 acre tract,1594.77 ft. to an Iron pin marking the south corner of said 171.719 acre tract; Thence N 30°'13'15" W along the lower S.W, line of said 17 719 acre tract a distance of 717.50 ft. to a corner of same; Thence S 64°51'45" W a distance of 11.02 ft to a corner of said 171,719 acre tract; Thence N 30°18' 30" W continuing along a S.W. boundary of said 171,719 acre tract a distance of 1,302.40 ft. to a corner of said tract being a corner on a S. E. boundary of the 495.5424 acre tract referred to as Guadco Municiple District No. 1; Thence along the boundaries of said 495.5424 acre tract the following courses; N 59° 18' 00" E 620.00 ft. N 29° 55' 13.8" W 397.14 ft. N 35° 30' 00" E 020.48 ft. N 54° 30' 00" W 970.00 ft. S 35° 30' 00" W 030.00 ft. N 54° 30' 00" W 185.00 ft. S 35° 30' 00" W 390.00 ft. S 47°i45' 00" W 035.00 ft. S 60° 04' 46.2" W 300.00 ft. N 29° 55' 13.8" W 521.13 ft. N 26° 12' 05" W 200.42 ft. N 29° 55' 13.8" W 1,025.07 ft. to a point of intersection on the Comal -Guadalupe County Line; Thence with the Comal -Guadalupe County Line, N 66° 52' 04" E, 2,952.39 ft. to a point on the upper N. E. boundary line of said 171.719 acre tract; Thence following along the boundary of said 171.719 acre tract the following courses: S 29° 13' 30" E S 12° 00' 45" E S 30° 43' 00' E N 80° 39' 00" E S 29° 57' OOA E containing 310.3344 acers more or less. 1,481.07 ft. 2,502.99 ft. 500.00 ft. 12.91 ft. 320.55 ft. to the Point of Beginning and 35 Z ~-/ „_~ ,.~ ~~ „E,.e~ Y ". ~ ~ ~ ~j~ 1~~ ~ / i ~ i // /~ // J 'h l ,sr .y~ '~, c'',_ a ~' t' ~ ~ ~ T W EXI-IIBIT 2B GUADCO MUD NO. II GUADALUPE COUNTY FORD ENGINEERING, INC.