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82-J-13 Cibolo ETJ Agreement ORDINANCE NO <j'~-S-)3 AN ORDINANCE APPROVING OF A WRITTEN AGREEMENT BETWEEN THE CITIES OF SCHERTZ AND CIBOLO, TEXAS, WHICH RESOLVES BOUNDARY DIS- PUTES BETWEEN SAID CITIES AND ESTABLISHES AN AGREEMENT IK WRITING APPORTIONING THE EXTRATERRITORIAL JURISDIC- TION "OF SAID CITIES. WH~REAS, as a result of annexations by the City of Schertz and the City ofCibolo, respectively~ the extraterritorial jurisdiction of said cities"has overlapped; and WHEREAS, a dispute has arisen between said cities as to the present respective limits of the extraterritorial jurisdictions of said cities; and WHEREAS, in order to facilitate a settlement of said dispute, said cities have by mutual agreement apportioned the extraterritorial juris- diction of said cities in order that said extraterritorial jurisdiction will not "overlap; and .. WH~REAS, an agreement in writing apportioning the extraterritorial jurisdictions of said cities has been negotiated, which agreement must be approved by ordinance or resolution of said cities pursuant to Article 970a, Revised Civil Statutes of Texas; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I That the written agreement to be executed by the governing bodies of the Cities of Schertz and Cibolo, respectively, apportioning the extraterritorial jurisdiction of said cities, shall be and the same is hereby approved. Said written agreement reads as follows: II . AGREEMENT APPORTIONING EXTRATERRITORIAL JURISDICTION I )' THE STATE OF TEXAS } COljNTY OF GUADALUPE ~ CITY OF SCHERTZ ~ KNOW ALL MEN BY THESE PRESENTS: That the City of Schertz, Texas, a home rule city incorporated under and pursuant to Article XI, Section 5 of the Constitution of the State of Texas, and under and pursuant to Chapter 13 of Title 28, Revised Civil Statutes of Texas, and the City of Cibolo, Texas, a genBral law city incorporated under and pursuant to the provisions of Title 28, Revised Civil Statutes of Texas, for the purpose of apportioning the extraterritorial jurisdiction of said cities by I mutual written agreement of the governing bodies of said cities so I as to prevent an overlapping of said respective extraterritorial jurisdictions, and in order to resolve the present conflict and controversy arising from the overlapping of said cities' respective extraterritorial jurisdictions, and in consideration for each city's consenting to this agreement, DO HEREBY AGREE that the following metes and bounds description shall constitute the common boundary of each city's respective extraterritorial jurisdictions at the points in- cluded in said metes and bounds description, which description is as foll ows: FieJd note description for the extraterritorial jurisdiction line between the Cities of Schertz and Cibolo, Guadalupe County, Texas :~Pdint of beginning at the intersection of the North Line of"- Wiederstein Road projected and the East Line of F.M. Road 1103 for th~ Southwest corner of the hereinafter described line; THENCE, with the Easterly right~of-way line of F.M. Road 1103 , foll ows; . ,<.f ~R... North 30015'0011 . st, 30.00 feet; thence, South 86 41 loon West, 81.85 feet; thence, North 40032'00" West, 249.70 feet; thence, along a circular curve to the left, the radius of which is 1870.08 feet and the arc length being 336.18 feet; thence, North 30~14100" West, 1222.10 feet; thence, North 30000'0411 West, 782.49 Feet; thence., North 30 06'52" West, 918.66 to the flare of the intersection of F.M. Road 1103 and I.H. 35, said point being the Northwest corner of this survey; THENCE, with the Southeasterly right-of-way line of I.H. 35 as follows; ." , North 15028100" gast, 167.35 feet; "-thence, North 59 4510011 East, 338.20 feet; thence, North 5402310011 East, 559.98 feet to a point lying on the Northwesterly property line of North Cliff Development; 'THENCE, with the Northwesterly boundry line of North Cliff Dev~lopment as follows; South 2301510011 gast, 1099.42 feet; thence, South 30 3113611 East, 525.49 Feet; thence, South 2901410011 East, 1953.00 feet to a point located on the South right-of-way line of Chelsea Drive and being an angle point in this survey; THgNCE, with the South right-of-way line of Chelsea Road, North 60 11'00" East, 403.62 feet to a point on the Northwesterly line of the West boundry line of North Cliff Development; THENCE, with the Northwesterly boundary line of North Cliff , Development as follows; South 29050' Easb, 789.5 feet; thence, South 29030'14" East, 1247.19 feet; thence, South 28 32' East, 223.11 feet; thence, South 290271 East, 405.63 feet to a point being the intersection of the projected centerline of Mimosa Street according to an unrecorded plat of North Cliff 'East Community Section Three and the Northwesterly pro- ~perty line of North Cliff; , THENCE, in a Northeasterl~ direction in line with the centerline of said Mimosa Street, North 60 04'46" East, 3975 feet to the North- I easterly Property line of Scenic Hills Development, said point being I the Northwest Property line of the Ruskin Norman Tract; .' : ,THENCE, ~ith the Northwesterly line of the Ruskin Norman pro~erty l,ne, South 29 571 East, 3362 feet to the Southwest corner of Rusk,n Norman Property, said point being the Northeasterly line of Green Valley Road right-of-way line: .." "-.. , THENCE~ ~ith the Northeasterly right-of-way line Of Green Valley Road, North 60 03' East, 1070 feet to a point being the Southeast corner of ,said 'Ruskin Norman Property; --...--.... .---- ... THENCE with the said Ruskin Norman Property line, North 29057' West, 2822 feet to a point being the Northwest corner of the Arthur Austin Property and being the present point of Schertz's Extraterri- torial Jurisdiction Line between the Cities of Schertz and Cibolo, Guadalupe County, Texas; THENCE, North 60903' East, until intersected by another city's extraterritorial jurisdiction. This agreement recognizes that the extraterritorial jurisdiction of the City of Cibolo will extend southerly and eastwardly of the established extraterritorial juris- diction boundary of the City of Schertz described in the paragraph, to a point desired by the City of Cibolo which does not violate the extraterritorial jurisdiction of any other city and which limits do not violate any law or laws of the State of Texas. WHEREAS, the form of this agreement has been approved by the execution of said agreement authorized by ordinance passed, adopted and approved by the governing bodies of the Cities of Schertz and ,', Cibolo,'respectively; and this agreement having been executed by the respective Mayors of said cities and attested by the respective City Secretaries of said cities, and the seal of each of said cities affixedbereto, accordingly, this agreement shall be effective from and after the date of its execution. -ri EXECUTED this, the /8" -- day 0 f -I? y:r .' :;__ ,~,~ . .:>1 /" / -..... .. ~ ,,{/~ ,,,? ..' ..'., ..{....~";t.........L .....-~.....(1<-...-:" Ma~o'~, City of Cib~o, Texas ~ y ity of Schertz /? I d /' J , Lj / ~., ~ t2""",;/c<--.---?__t::?_/ JZS!.--t:. e,'--?UA:..< -'t"_,~'L ~_.-' City Secretary, City 0 f Cibo 10 -zi!.. PASSED, APPROVED AND ADOPl'ED this the .J y ~ day of 1J,.;~ ' 19 <;j'J... . J' ATTEST: '7 ' i I ~O-.-' of Schertz (CITY, SEAL) / I Z 1,7 se7J (' j.. THE'STATE OF TEXAS I COUNTY OF GUADALUPE I CITY'OF SCHERTZ l On this, the 1st day of April , 1975, at 7: 00 0' clock P. M. the City Council of the City of Sche'rtz, Texas," 'convened for a Regular Meeting at the regular meeting place, in the Municipal Building of said city, which meeting , was at all times open to the public, and at which meeting the ',; following members were present, to-wit: -" ~ ROBERT C. BUEKER MAYOR MRS. NELL G. FUNK ALDERWOMAN DONALD J. SEEBA ALDERMAN TOM KOOLE ALDERMAN _..~ ~ "'!." -,..~ ,I, (.;,~/'..:..,.,; MRS. BOBBIE L. KOCH ALDERWOMAN , ...., AND MRS. JUNE G. KRAUSE CITY SECRETARY DENNY L. ARNOLD CITY MANAGER There being a quorum present, the meeting was called to order by the Mayor, and, among other proceedings had were the following: The Mayor introduced the following captioned ordinance whic~asLad in full by the City Manager. Councilmember 'f-R- ./ moved that said ordinance be considered- ,- by the Council as an emergency ~u~, which motion was I seconded by Councilmember o--e. / . Whereupon said motion was fully discussed and considered. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES:' All members shown present above voted "AYE". NAY: None The Mayor then introduced the hereinafter set forth ordinance as an emerge cy measure. Thereupon it was moved by C6uncilmember and seconded by Councilmember that said ordinance I be finally passed an adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote:, AYES: All members shown present above voted "AYE". NAYS: None , ..._---,._~..--~._-,. . AGREEMENT APPo.RTIo.NING EXTRATERRITo.RIAL JURISDICTIo.N THE STATE o.F TEXAS I Co.UNTY o.F GUADALUPE ~ CITY OF SCHERTZ 1 KNo.W ALL MEN BY THESE PRESENTS: fr , That the City of Schertz, Texas, a home rule city incorporated under and pursuant to Article XI, Section 5 of the Constitution of the State of Texas, and under and "'.' .... pursuant to Chapter 13 of Title 28, Revised Civil Statutes of Texas, and the City of Cibolo, Texas, a general law city incorporated under and pursuant to the provisions of Title 28, Revised Civil Statutes of Texas, for the purpose of apportion- ing the extraterritorial jurisdiction of said cities by mutual written agreement of the governing bodies of said cities so as to prevent an overlapping of said respective extraterritorial I jurisdictions, and in order to resolve the present conflict and controversy arising from the overlapping of said cities' respective extraterritorial jurisdictions, and in consider- ation for each city's consenting to this agreement, DO. HEREBY AGREE that the following metes and bounds description shall constitute the common boundary of each said city's respective extraterritorial jurisdictions at the points included in said I metesari.d bounds description, which description is as follows: I , ~-~-,--_.:..._----_.- Field' note description for the proposed Extra Territorial Jurisdiction Line between the Cities of Schertz and Cibolo, Guadalupe County, Texas. Beginning at a point being the intersection of the certer1ine ' , , of the Cibo10 Creek and the northeast right-of-way , line of Schaefer Road. THENCE in a northwesterly direction and with ,the center line and meanderings of said Cibo10 Creek to a point where the center line of said Cibo10 Creek intersects the certer1ine of Dietz Creek, -. -.. THENCE in a northerly direction and with the center line and meanderings of said Dietz Creek to a point where the center line of said Dietz Creek intersects the City limits of the City of Cibblo. THENCE S 600 W along the City limits line of the said City of Cibo10 approximately 500' to a point. ~ THENc;E N 300 W 400' along the Cibo10 City limits line to a point in the south right-of-way line of Borgfe1d Road. THENCE ,following the curve of the south right-of-way line of said Borgfeld'Road in a northly direction approxi- , mately 3700' to a point. THENCE'S 600 W along the south right-of-way line of said ',Borgfeld Road approximately 1000' to a point being the intersection of the south right~of-way line of , , said Borgfeld Road and the east right-of-way of , FM 3009 and being in the existing city limits line of . 'the City of Schertz. THENCE following the east right-of-way line of said FM 3009 and the said city limits line of the City of Schertz in a northwesterly direction approximately 2,450' to a point. N 596 53' E with the said city limits line of the City I THENCE of Schertz and the south boundary line of the Elton Schertz tract 3,819' more or less to the southeast corner of said Elton Schertz Tract. THENCE, N 290 49' W with the said city limits line of the ..,'City of Schertz and the east boundary line of the , said Elton Schertz Tract 2345' more or less to a point being the northeast corner of the said Elton Schertz tract and the southeast corner of the Herbert Busche tract. THENCE continuing N 290 49' W along the east boundary line 'of,the said Herbert Busche 150 acre tract 1650' to a I ,'point being the northeast corner of the said Herbert I , Busche tract and the southeast corner of the Gladys K. Friesenhahn tract. THENCE continuing N 290 49' W along the east boundary line ' of the said Gladys K. Friesenhahn 100 acre tract 1200' to a point being tge northeast corner of the said Gladys K. Friesenhahn tract and the south boundary line of the Theodore E. Schmidt 201.8 acre tract. -.. --- THENCE S 600 W along the south boundary line of the said ~~heodore E~ Schmidt tract and the north boundary line of the said Gladys K~ Friesenhahn tract approximately 400' to a point being the southeast corner of the Evelyn K. Ripps 160 acre tract and the southwest corner of the said Theodore E. Schmidt tract. THENCE:N 300 Walong the east boundary or the said Evelyn K. Ripps tract approximately 2,100' to a point being the northeast corner of the Evelyn K. Ripps tract and the southeast corner of the W.E. Dean 74.003 acre tract. THENCE S 600 W along the south boundary of the said W.E. Dean tract approximately 2,350' to a point being the south- west corner of the said W. E. Dean tract. THENCE N~300 W along the west boundary of the said W.E. Dean tract approximately 1,050' to a point in the south right-of-way line of the interstate Highway 35. THENCE in a northeasterly direction along the south right- of-way of said interstate highway 3S approximately 3,600' to a point whe~e said south right-of-way 'line of IH 35 intersects the west right-of-way line of Wiederstein (Schmidt) Road. THENCE S 310 E approximately 3,000' along the west right- of-way line of Wiederstein Road to a point. THENCE. N 600 30' E approximately ,along the south right-of-way line of Wiederstein Road (Schmidt) to a point where said south right-of.-way line of Wiederstein Road intersects the west right-of- ,way line of FM 1103, said point being the end of ,the herein described line. I I I - WHEREAS, the form of this agreement has been approved by arid the execution of said agreement authorized by ordin- ances passed, adopted and approved by the governing bodies of the Cities of Schertz and Cibolo, respectively; and this agreement having been executed by the respective Mayors of said:cities and attested by the respective City Secretaries of said cities, and the seal of each of said cities affixed hereto, accordingly, this agreement shall be effective from and after the date of its execution. 'EXECUTED this, the J~ day of ~4 ' 1975. , . Pd C. "3A(L,/ Mayor, City of Schertz, Texas ..., IO/Jc/:tu1Z I Mayor, 'City of ~'Gibo1o, Texas ATTEST: --- - \ k./tI:k,~ Secretary~ City of Schertz City of Schertz) I Cibo1o I (Seal 6f City of Cibolo) , .. .0-.' ---~. .---,-_.-...- 112/.75"kTJ , . THE STATE, OF TEXAS I COUNTY OF GUADALUPE I CITY OF SCHERTZ I WHEREAS, as a result of annexations by the City of Schertz and the City of Cibolo, respectively, the extraterri- torialjurisdiction of said cities has overlapped; and WHEREAS, a dispute has arisen between said cities as '" to the present respective limits of the extraterritorial jurisdictions of said cities; and ,WHEREAS, in order to facilitate a settlement of said dispute, said cities have by mutual agreement apportioned the extrc;l.te,rri to rial jurisdiction of said cities in order that said extraterritorial jurisdiction will not overlap; and WHEREAS, an agreement in writing apportioning the extra- territorial jurisdictions of said cities has been negotiated, which agreement must be approved by ordinance or resolution of 'I said cities pursuant to Article 970a, Revised Civil Statutes of Texas; NOW TfIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I That the written agreement to be executed by the govern- I I ing bodies of the Cities of Schertz and Cibolo, respectively, apportionipg the extraterritorial jurisdiction of said cities, shall be and the same is hereby approved. Said written agree- ment reads as follows: ....... , ____"'w__..____________ .