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Agenda No. 133.
 
CITY COUNCIL MEMORANDUM
 
City Council Meeting: July 2, 2024
Department: Planning & Community Development
Subject: Update on Annexation After Action Information

BACKGROUND

At the June 4, 2024, City Council meeting, the Council unanimously approved Ordinances 24-A-27 through 24-A-139. If these ordinances are approved upon final reading on July 2, 2024, the City of Schertz will have annexed approximately 529 acres in Comal County, 477 acres in Guadalupe County, and 2,200 acres in Bexar County. At the June 4, 2024, City Council meeting there were comments and questions from some of the subject property owners pertaining to City regulations and services relative to the annexed properties. This memorandum is to provide clarification regarding those regulations and services.

POLICE / FIRE / EMS

Comal County Areas Being Annexed
Currently, EMS and fire services are provided by Comal County Emergency Services District #6 (ESD #6) and police service is provided by the Comal County Sheriff’s Department. ESD #6 currently contracts with the City of Schertz EMS Department to provide EMS service. ESD #6 also contracts with Bracken Fire Department for fire services and has a mutual aid agreement with the Schertz Fire Department.

Upon annexation, Schertz EMS, Fire, and Police will provide services directly to these areas. The City of Scherz will notify ESD #6 to dis-annex this territory from its service area and the City will become the sole provider of emergency services. As a result, these properties will no longer be taxed by ESD #6 (i.e., $0.080506/$100 AV). Bracken Fire and New Braunfels Fire have mutual aid agreements to assist the Schertz Fire Department, if needed.

Guadalupe County Areas Being Annexed
Currently EMS and fire services in Guadalupe County are provided by the Schertz EMS and Fire Departments through contracts with Guadalupe County. Police Services are provided by the Guadalupe County Sheriff's Department. 

Upon annexation, Schertz EMS and Fire will provide services directly to these areas and the Schertz Police Department will take over for the Guadalupe County Sherriff’s Office. The New Braunfels Fire Department has a mutual aid agreement to provide support to the Schertz Fire Department. Schertz Fire and Cibolo Fire have an automatic aid agreement, and since Cibolo Fire has the closest station, they will be the primary responder in this area.

Bexar County Areas Being Annexed.
Currently, EMS services are provided by Acadian Ambulance through their contract with Bexar County. Fire Services are provided by Schertz through a contract with Bexar County. Police services are provided by the Bexar County Sheriff’s Department.

Upon annexation, EMS, fire, and police services will be provided by the City of Schertz. Schertz Fire and Cibolo Fire have an automatic aid agreement, and since Schertz Fire has the closest station, it will be the primary responder in this area.

Water and Wastewater Facilities:

The annexation does not change the water or sewer provider that currently serves these properties.  If water is provided by GVSUD or another provider, they will continue to provide water service. The same applies with sewer. Depending on the property’s location and the Public Utility Commission of Texas and the Certificate of Convenience and Necessity (CCN) designation determines who can provide water and sewer to a property. If the property currently has an On-Site Septic Facility (OSSF) or a Septic System, they can remain and may be maintained in accordance with the County’s regulations. The existing City of Schertz water and wastewater mains at existing locations shall be available for the point of use extension based upon City of Schertz standard extension policies if in the City’s CCN. Questions in relation to Water and Wastewater availability can be directed to the Public Works Department at 210.619.1800.

Parks/Library/Senior Center/Civic Center:

Residents of the new annexed properties can access these facilities and services and do so at a resident rate, where applicable.

Solid Waste Collection:

Newly annexed properties can continue to use their existing solid waste collection provider for a period of two years from the date of the annexation. After the second anniversary (June 18, 2026) of the annexation, the properties will be required to utilize the solid waste collection services provided by the City of Schertz. If a newly annexed property owner would like to utilize the City of Schertz contract provider prior to the end of the two-year period, he or she may contact the Utility Billing Department at 210-619-1100 to establish an account. Newly annexed properties are only able to participate in the fall/spring cleanups and utilize bulk pick up services once they become customers of the City of Schertz.

Maintenance of Roads and Streets:

All public roads, streets, and alleyways shall be maintained to the same degree and extent that other public roads, streets, and alleyways are maintained throughout the City of Schertz

Agricultural Operations / Non-Conforming Uses:

Newly annexed properties can continue to be utilized for existing land uses as outlined in Unified Development Code (UDC) Article 7 Section 21.7.3 which states A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created. Additionally, since all but one property is being zoned AD – Agricultural District, Agricultural/Field Crops and Livestock are allowed uses. Agricultural Operations should refer to Unified Development Code Article 7 Section 21.7.11, via Ordinance 24-S-20, adopted June 18, 2024, which provides specific regulations in relation to Agricultural Operations. Additionally, Agricultural Operations should refer to Texas Agricultural Code Chapter 251 Section 251.0055.

Utilization of Guns:

Per Texas Local Government Code and City of Schertz Code of Ordinances Chapter 50, there are restrictions on shooting guns including hunting based on the size of the tract.
  • If a property is 10 acres or larger and under one ownership, with the written consent of the owner and any tenants, shooting a shotgun (.410, 20, 16 or 12 gauge shotgun with shot no larger than size 6) is permitted provided that the shotgun is not discharged within 150 feet of a residence or other occupied structure other than that of the property owner’s or tenant’s or in such a manner as would be reasonably expected to cause any projectile to cross the boundary of the tract onto other premises.
  • If a property is 50 acres or larger and under one ownership, with the written consent of the owner and any tenants, shooting a center fire or rim fire bullet or projectile from any rifle or pistol is permitted provided that the center fire or rim fire bullet is not discharged within 300 feet of a residence or other occupied structure other than that of the property owner’s or tenant’s or in such a manner as would be reasonably expected to cause any projectile to cross the boundary of the tract onto other premises.
  • If a property is less than 10 acres or does not meet the criteria listed above, shooting a gun, which includes but not exclusively any shotgun, pistol, rifle, that discharges or ejects any bullet, buckshot, or any other metallic object of any size by force of combustion, is prohibited.