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ORD 1419 11/14/2023"City of Choice" ORDINANCE NO. 1419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS GRANTING A PETITION FOR ANNEXATION AND PROVIDING FOR THE EXTENSION OF THE CIBOLO MUNICIPAL BOUNDARIES BY VOLUNTARY ANNEXATION OF AN APPROXIMATE 57 ACRES LOCATED BETWEEN BOLTON ROAD AND II -1-10 WEST, ADJACENT AND CONTIGUOUS TO THE CIBOLO CITY LIMIT, BEING THE SAME REAL PROPERTY DESCRIBED ABSTRACT 141, AND OUT OF THE F GARCIA SURVEY, IN THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS; GRANTING TO ALL INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY; AUTHORIZING THE CITY MANAGER TO REVISE THE OFFICIAL BOUNDARY AND ZONING MAPS OF THE CITY TO REFLECT THE ANNEXATION DECLARING A PUBLIC PURPOSE; INCORPORATING RECITALS; AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; SETTING AN EFFECTIVE DATE; AND APPROVING A MUNICIPAL SERVICE PLAN FOR SUCH AREA. WHEREAS, a Petition Requesting Voluntary Annexation was received on July 13, 2023 and has been signed by the land owners, attached hereto as Exhibit A, to extend the Cibolo city limits to include the following described territory, to wit: BEING A 57.603 ACRE TRACT OF LAND LYING IN THE JOSE FLORES SR. SURVEY, SECTION 63, ABSTRACT 134, AND THE FRANCISCO GARCIA SURVEY, SECTION 231, ABSTRACT 141, GUADALUPE COUNTY, TEXAS AND BEING A REMAINING PORTION OF A 73.84 ACRE TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2016013721 TO DIANE EVELYN TYO, KAREN SUE WEINSTEIN, AND LYNN HENRY MEYER AND RECORDED IN THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS, FURTHER DESCRIBED IN VOLUME 930, PAGE 16 AND RECORDED IN THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS, SAVE & EXCEPT THAT PORTION DESCRIBED IN DOCUMENT NO. 202199038584 AND CORRECTED IN DOCUMENT NO. 202199039389 AND 202199039060, OFFICIAL PUBLIC RECORDS, GUADALUPE COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED in Exhibit B. WHEREAS, on September 26, 2023, the City Council of the City of Cibolo held a public hearing on the annexation of said territory and such public hearing gave all interested persons the right to appear and be heard on the proposed annexation of such land; and WHEREAS, notice of the above mentioned public hearing was published on September 13, 2023, in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, Texas, and within the territory to be annexed, and posted on the City Official Bulletin Board and City Website from September 13, 2023, until November 14, 2023; and WHEREAS, the aforementioned public hearing notice was published at least once on or after the 20th day but before the 10th day before the date of the hearing, and must remain posted until the date of the final hearing; and WHEREAS, the City and property owner are required under Section 43.0672 Texas Local Government Code to enter into a written Agreement to list the services to be provided on the effective date of annexation and a schedule as to the other services that the City will provide to the property owner the parties have entered into such Agreement; and WHEREAS, the proposed service plan, attached hereto as Exhibit C was made available on the City Website for public inspection and explained to the inhabitants of the area at the public hearing held; and WHEREAS, the population of the City of Cibolo, Texas is estimated at 32,276 inhabitants (U.S. Census, April 1, 2020), and the area to be annexed lies within the Extraterritorial Jurisdiction of the City of Cibolo, Texas and lies adjacent to and adjoins the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT: SECTION ONE. Annexation. The approximate 57.603 acre tract of land lying in the Jose Flores Sr. Survey, Section 63,Abstract 134, and the Francisco Garcia Survey, section 231, Abstract 141, Guadalupe County, Texas in the Official Public Records of Guadalupe County, Texas, and more particularly described in the field notes (metes and bounds) attached hereto as Exhibit B and incorporated herein by reference, is hereby added to and annexed in the City of Cibolo, Texas, and said land and territory, as described, shall hereafter be included within the boundary limits of said City; and the present boundary limits of said City, at the various points contiguous to the area described in Exhibit B, are altered and amended so as to include said area within the Corporate Municipal Limits of the City of Cibolo, Texas. Upon the completion of the annexation of the above described territory, the inhabitants thereof, if any, shall be entitled to all of the rights and privileges of all citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Cibolo, Texas. SECTION TWO. Zoning. The City Council approves the annexation of the tract listed in Section One and assigns zoning classifications I-1. — Light Industrial District pursuant to Code of Municipal Ordinances, City of Cibolo, Texas Sec. 4.5.3.5 Light Industrial District. SECTION THREE. Municipal Service Plan. A Municipal Service Plan outlining the provisions of necessary municipal services to the properties and rights-of-way described in Exhibit C, which was made available for public inspection at the Public Hearings, is hereby approved, and the implementation of said Plan is hereby authorized. The Municipal Service Plan is attached hereto and incorporated herein as Exhibit C. SECTION FOUR. Findines of Fact. All of the above recitals are found to be true and correct and are incorporated into this Ordinance as findings of fact. SECTION FIVE. Authorization. The City Manager or designee is authorized to take all necessary steps to implement the provisions of this Ordinance. SECTION SIX. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared void. SECTION SEVEN. Repealine Ordinances in Conflict All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION EIGHT. Effective Date. This Ordinance shall be effective immediately upon adoption. APPROVED ON THE FINAL READING by the City Council of the City of Cibolo, Texas on the l=f day of November, 2023. ATTEST: Peggy Cin -tics, TRMC City Secretary TEXAS: Mayor EXHIBIT "A" PETITION FOR VOLUNTARY ANNEXATION or C/&0 of Cibolo 0 r o Planning Department 201 Loop 539 W/P.O. Box 826 Clbolo, TX 78108 Phone: (210) 658 - 9900 rcx/,5 Please rill out this form completely, supplying all necessary Information and documentation to support your request. Please use a separate application for each submittal. Your application will not be accepted until the application Is completed and required Information provided Project Name: Omni Bolton Rd Industrial Park Total Acres: 57.603 Survey Name: See attached Legal Description Abstract No.: See attached Legal Description Project Location (address): See attached Site Location Map Current Zoning: ETJ, N/A Overlay: ❑ None ❑ Old Town ❑FM 78 Proposed Zoning: 1-1 Light Industrial Please Choose One: ❑ Single -Family ❑ Other Current Use: Vacant Proposed Use: Industrial Park Applicant Information: N of Lots: 2 ❑ Multi -Family Property Owner Name: omni Land Development LLC Address: 2348 w Whitendale, Suite D State: CA Zip Code: 93277 Email: rhoy@omnidevelopmentgroup.nel 'Applicant (if different than Owner): same ' Letter of Authorization required Address: State: Email: Zip Code: Representative: Nick Panella, Kimley-Horn and Associates, Inc. Address: 10101 Reunion Place, Suite 400 State: Texas Zip Code: 76216 Email: nick.panella@kimley-hom.com N of Units: his ❑ Commercial N Industrial Total Proposed Square Footage: TBD (Commercial/Industrial only) City: Visalia Phone: 909-974-9325 Fax: City: Phone: Fax City: San Antonio Phone: 210435-9073 Fax: By signing this appli tion, you hereby grant Staff access to your property to perform work related to your application. Also, you wai thestatutory time limits in accordance with section 211, and 245 of the Texas Local Government Code. Signature Typed / Printed Name if Before me, , on this day personally appeared 1� � Name of Notary Public �� , to be the peril who are subscribed to the to me that®she/they executed the same for the purposes and consideration therein expressed. 's€ahef office this day of _� [J✓�� TEMLA PATTON 0 y Public- California Tulare (dainty F My Comm. Expires Feb 28, 2027 City of Cibolo yse Only e1!!!� Page 1 of 2 mZ a I Checklist Annexation Petition ❑ ❑ A letter of application form, signed by the property owner(s), requesting the annexation Z❑ ❑ A copy of the current deed, indicating ownership and authority to file the application / V EJ 0 A legal description of the property, whether by lot and block or metes and bounds / One (1) hard copy and one (1) .pdf copy of the Final Traffic Impact Analysis - - El F-1Any request for annexation shall be accompanied by an application to establish the initial zoning on the property The application includes a service plan as required by TLGC By signing below, I do hereby attest that the information contained in this application is true, accurate and complete. Signature _) -\�* Printed Signature City of Cibolo Use Only Date Complete Application ❑ Incomplete Application Accepted By: I I I �f)� Date: Created: May 2023 Page 2 of 2 PLN 002 of C,a City of Cibolo ac' Planning Department i 201 Loop 539 W/P.O. Box 826 Cibolor TX 78108 Phone: (210) 658 - 9900 Please fill out this form completely, supplying all necessary Information and documentation to support your request. Please use a separate application for each submittal. Your application will not be accepted until the application is completed and required information provided. Project Name: Omni Bolton Rd Industrial Park Total Acres: 57.603 Survey Name: See attached Legal Description Abstract No.: See attached Legal Description Project Location (address): Current Zoning: ETJ, N/A Proposed Zoning: 1-1 Light Industrial See attached Site Location Map Please Choose One: ❑ Single -Family ❑ Other Current Use: Vacant Overlay: ❑ None ❑ Old Town ❑FM 78 _ q of Lots: 2 I7 of Units: Na ❑ Multi -Family ❑ Commercial Qlndustrial Total Proposed Square Footage: TBD Proposed Use: Industrial Park (Comm... ial/McItu ial only) Applicant Information: Property Owner Name: Omni Land Development LLC Address: 2346 W Whitendale, Suite D City: Visalia State: CA Zip Code: 93277 Email: rhoy@omnidevelopmenlgroup.nel *Applicant (if different than Owner): same • Letter of Authorization required Address: State: Email: Zip Code: Representative: Nick Panella, Kimley-Horn and Associates, Inc. Address: 10101 Reunion Place, Suite 400 State: Texas Zip Code: 78216 Email: nick.panella@kimley-horn.com Phone: 909-974-9325 Fax: City: Phone: Fax: _ City: San Antonio Phone: 210135-9073 Fax: By signing thisapplir�tion, you hereby grant Staff access to your property to perform work related to your application. Also, you wai t sstatutory time limits In accordance with Section 211, and 245 of the Texas Local Government Code. L�jxl1' I- Owner or Representative's Signature is 0 Typed / Printed Name of Cosh 3 ul I %I, /% y of Before me, , on this day personally appeared `unYn,t1 �`�(��, Name of Notary Public 1 , IV ' V ` , to be the person(A who &are subscribed to the Instrument and acknowledge to me that®she/they executed the same for the purposes and consideration thereineexpressed. vein ger�rtiy p s 1ref\fllce this day of_ :31 ` _ ^^zoV TEKLA PATTON ,y Public - California City of Cibolo N Public Signature TNU14 County >: Page 1 of 2 `• '� 2 , My Comm. Expires Feb 8 2027 ` u o Z Checklist Annexation Petition ❑ ❑ A letter of application form, signed by the property owner(s), requesting the annexation ❑ ❑ A copy of the current deed, indicating ownership and authority to file the application V A legal description of the property, whether by lot and block or metes and bounds / One (1) hard copy and one Ill pdf copy of the final Traffic Impact Analysi, ❑ ❑ Any request for annexation shall be accompanied by an application to establish the initial zoning on the property The application includes a service plan as required by TLGC By signing below, I do hereby attest that the information contained in this application is true, accurate and complete. V Signature LI -N ') Printed Signature City of Cibolo Use Only � - \3--Z-t) Date MW, 1 .' �. tii 1 Complete Application ❑ Incomplete Application Accepted By: Date: Created: May 2023 Page 2 of 2 PLN 002 EXHIBIT "B" ' METES & BOUNDS DESCRIPTION owjgG COmAftl*,l- SHERWOOD SURVEYING 6 S.U.E. Jose FN NO. 22KHAO26 V P.O. BOX 992 !, 6477 FM 311, SPRING BRANCH, TX 78070 Jo WWW.SHERWOODSURVEYING.COM O TBPELS FIRM #10044200 FIELDNOTE DESCRIPTION 57.603 ACRE TRACT MAY 24, 2022 BEING A 57.603 ACRE TRACT OF LAND LYING IN THE JOSE FLORES SR. SURVEY, SECTION 63, ABSTRACT 134, AND THE FRANCISCO GARCIA SURVEY, SECTION 231, ABSTRACT 141, GUADALUPE COUNTY, TEXAS AND BEING A REMAINING PORTION OF A 73.84 ACRE TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2016013721 TO DIANE EVELYN TYO, KAREN SUE WEINSTEIN, AND LYNN HENRY MEYER AND RECORDED IN THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS, FURTHER DESCRIBED IN VOLUME 930, PAGE 16 AND RECORDED IN THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS, SAVE & EXCEPT THAT PORTION DESCRIBED IN DOCUMENT NO. 202199038584 AND CORRECTED IN DOCUMENT NO. 202199039389 AND 202199039060, OFFICIAL PUBLIC RECORDS, GUADALUPE COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND LYING IN THE SOUTHEAST RIGHT-OF-WAY LINE OF BOLTON ROAD (VARIABLE WIDTH RIGHT-OF-WAY), LYING IN THE NORTHEAST LINE OF A 16.246 ACRE TRACT DESCRIBED TO ALWIN F. SCHAEFER RECORDED IN VOLUME 940, PAGE 697 OF THE DEED RECORDS OF GUADALUPE COUNTY, TEXAS, FURTHER DESCRIBED IN VOLUME 272, PAGE 79 RECORDED IN THE DEED RECORDS OF GUADALUPE COUNTY, TEXAS, FOR A WEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 58004 '53" EAST, (RECORD N600E PER VOLUME 930, PAGE 16) A DISTANCE OF 595.07 FEET, LEAVING THE NORTHEAST LINE OF THE AFOREMENTIONED 16.246 ACRE TRACT, ALONG THE SOUTHEAST RIGHT-OF-WAY LINE OF THE AFOREMENTIONED BOLTON ROAD, TO A 1/2" IRON ROD FOUND WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX." FOR A NORTHWEST CORNER OF A 5.96 ACRE TRACT DESCRIBED TO THE CITY OF CIBOLO, RECORDED IN DOCUMENT NUMBER 20219903206 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS, AND FOR AN ANGLE CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 62001114" EAST, A DISTANCE OF 198.87 FEET, LEAVING THE SOUTHEAST RIGHT-OF-WAY LINE OF THE AFOREMENTIONED BOLTON ROAD, ALONG A SOUTHEAST LINE OF THE AFOREMENTIONED 5.96 ACRE TRACT TO A 1/2" IRON ROD FOUND WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX." FOR AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT, AND NORTH 60003'30" EAST, A DISTANCE OF 229.13 FEET TO A 1/2" IRON ROD SET WITH PLASTIC YELLOW CAP STAMPED "SHERWOOD SURVEYING" FOR THE NORTH CORNER OF THE HEREIN DESCRIBED TRACT AND AN INTERIOR CORNER OF SAID 5.96 ACRE TRACT; THENCE SOUTH 31033'34" EAST, AT A DISTANCE OF 1,835.55 FEET PASSING THE NORTH CORNER OF A 2.27 ACRE DRAINAGE EASEMENT ACQUIRED BY THE CITY OF CIBOLO, DESCRIBED AND RECORDED IN DOCUMENT NUMBER 202199035207 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS, CONTINUING A TOTAL DISTANCE OF 2,088.97 FEET, ALONG THE SOUTHWEST LINE OF THE AFOREMENTIONED 5.96 ACRE TRACT TO A 1/2" IRON ROD FOUND WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX." LYING IN THE NORTHWEST RIGHT-OF-WAY LINE 0����\NG C0MI tl* SHERWOOD SURVEYING d S.U.E. OF INTERSTATE HIGHWAY 10 (VARIABLE WIDTH RIGHT-OF-WAY) FOR AN EAST CORNER OF HEREIN DESCRIBED TRACT AND THE SOUTH CORNER OF SAID CITY OF CIBOLO TRACT; THENCE SOUTH 66°12'30" WEST, A DISTANCE OF 526.55 FEET, ALONG THE NORTHWEST RIGHT- OF-WAY LINE OF THE AFOREMENTIONED INTERSTATE HIGHWAY 10 TO A 1/2" IRON ROD SET WITH PLASTIC YELLOW CAP STAMPED "SHERWOOD SURVEYING"; THENCE NORTH 23046 '49" WEST, A DISTANCE OF 17.00 FEET, TO A 1/2" IRON ROD SET WITH PLASTIC YELLOW CAP STAMPED "SHERWOOD SURVEYING" FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 66013130" WEST, A DISTANCE OF 78.00 FEET, TO A 1/2" IRON ROD SET WITH PLASTIC YELLOW CAP STAMPED "SHERWOOD SURVEYING", FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT ; THENCE SOUTH 23046 '49" EAST, A DISTANCE OF 17.00 FEET, TO A 1/2" IRON ROD SET WITH PLASTIC YELLOW CAP STAMPED "SHERWOOD SURVEYING", LYING IN THE NORTHWEST RIGHT-OF- WAY LINE OF THE AFOREMENTIONED INTERSTATE HIGHWAY 10 FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 66013'30" WEST, AT A DISTANCE OF 21.96 FEET PASSING THE SOUTH CORNER OF THE FOREMENTIONED 2.27 ACRE DRAINAGE EASEMENT, A TOTAL DISTANCE OF 878.53 FEET, ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF THE AFOREMENTIONED INTERSTATE HIGHWAY 10, TO A 1/2" IRON ROD FOUND WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX." LYING IN THE NORTHWEST RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 10 FOR A SOUTH CORNER OF THE HEREIN DESCRIBED TRACT AND A SOUTHEAST CORNER OF AN 55.085 ACRE TRACT DESCRIBED TO KENNETH F. SCHAEFER, ET AL, DOCUMENT NO. 202199042760, DESCRIBED IN VOL. 289, PG. 409 RECORDED IN THE DEED RECORDS OF GUADALUPE COUNTY, TEXAS; THENCE NORTH 31034 '06" WEST, A DISTANCE OF 938.24 FEET, LEAVING THE NORTHWEST RIGHT-OF-WAY LINE OF THE AFOREMENTIONED INTERSTATE HIGHWAY 10, ALONG A NORTHEAST LINE OF THE AFOREMENTIONED 55.085 TRACT TO A 1/2" IRON ROD FOUND WITH PLASTIC CAP STAMPED "CDS/MUERY TX." LYING IN THE SOUTHEAST LINE OF THE AFOREMENTIONED 16.246 ACRE TRACT FOR A WEST CORNER OF THE HEREIN DESCRIBED TRACT, AND AN NORTH CORNER OF SAID 55.085 ACRE TRACT; THENCE NORTH 58026'23" EAST, A DISTANCE OF 447.16 FEET, ALONG A SOUTHEAST LINE OF THE AFOREMENTIONED 16.246 ACRE TRACT TO A 1/2" IRON ROD FOUND WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX." FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT, AND THE SOUTHEAST CORNER OF SAID 16.246 ACRE TRACT; THENCE NORTH 31034' 09" WEST, A DISTANCE OF 965.15 FEET ALONG THE NORTHEAST LINE OF THE AFOREMENTIONED 16.246 ACRE TRACT TO THE POINT OF BEGINNING AND CONTAINING 57.603 ACRES OF LAND, MORE OR LESS. A SURVEY EXHIBIT WAS PREPARED ON THIS SAME DATE. BASIS OF BEARING IS NAD 83 TEXAS STATE PLANE COORDINATES, SOUTH CENTRAL ZONE. Page 2 of 3 Q+����\NG COMNj�N�ry SHERWOOD SURVEYING & S.U.E. I, RICHARD A. GOODWIN, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. SHERWOOD SURVEYING, LLC P.O. BOX 970 SPRING BRANCH, TEXAS 78070 TBPLS FIRM #10044200 RICHARD A. GOODWIN DATE: 5-24-2022 R.P.L.S. #4069 STATE OF TEXAS Page 3 of 3 EXHIBIT "C" SERVICE PLAN EXHIBIT C: CITY OF CIBOLO, TEXAS, PETITION FOR ANNEXATION Upon annexation of approximately 57 acres located between Bolton Road and IH -10 West ("annexed area"), the City of Cibolo 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 I. Police Protection The City of Cibolo, 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 Emergency Medical Services The City of Cibolo, Texas and its Fire Department 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 Cibolo, Texas contracts with the City of Schertz for EMS services and will provide EMS services through that contract 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. 3. Maintenance of Water and Wastewater Facilities All of the newly annexed property is within the water and wastewater service areas of Green Valley SUD. The City of Cibolo does not own or maintain water or wastewater facilities in the annexation area at the time of the proposed annexation. The Green Valley SUD does not own or maintain wastewater facilities in the annexation area at the time of the proposed annexation. Any existing GVSUD facilities that may happen to be present in the annexation area shall continue to be maintained by GVSUD. Any water or wastewater facilities that may be dedicated to, or acquired by, the City of Cibolo, subsequent to the proposed annexation, shall be maintained by the City of Cibolo at such time as said utilities are accepted by the City of Cibolo. Existing water and wastewater facilities owned by the City of Cibolo outside of the annexation area shall be available for the point of use extension based upon the City of Cibolo standard extension policies in the Cibolo UDC, as may be amended, and action by the City Council. 4. Solid Waste Collection The City of Cibolo, Texas contracts for the collection of solid waste and refuse within the corporate limits of the City with Republic Services. 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. 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. 6. Maintenance of Parks, Playgrounds, and Swimming Pools The City of Cibolo, 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 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. 7. Maintenance of any Publicly Owned Facility, Building or Municipal Service The City of Cibolo, 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 Cibolo, 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 at 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'/: YEARS 1. Police and Fire Protection and Solid Waste Collection The City of Cibolo, Texas, finds and determines that it is not necessary to acquire or construct any capital improvements within 2 Y: 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 Cibolo, Texas with like topography, land use and population density as those found within the newly annexed areas. 2. Water/Wastewater Facilities If the parties successfully negotiate a Development Agreement, the City with the assistance of the Cibolo Economic Development Corporation will pay the costs associated with the extension of a 24' sewer line across the property frontage; a requirement of the GVSUD Water District. The completion of the 24' sewer line will be completed and reimbursed in accordance with the Development Agreement. 3. Roads and Streets The City of Cibolo, Texas, finds and determines that it is necessary to acquire and construct capital improvements within 2 %a years of the effective date of the annexation of the particular annexed areas. If the parties successfully negotiate a Development Agreement, the City will construct the portion of Bolton Road along the frontage of the anticipated property within the time period required in the Development Agreement. 4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility, Building, or Service The City of Cibolo, 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 areas for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service. SPECIFIC FINDINGS The City of Cibolo, Texas, finds and determines that this proposed service plan was negotiated with the property owner, and all parties understand that this 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 often (10) years from the date of Annexation. Renewal of the Service Plan is at the discretion of the City of Cibolo. LEVEL OF SERVICE Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area ofthe 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. !t OMNI DEVELOPMENT July 13, 2023 GROUP, LLC. RE: Omni Bolton Rd Industrial Park Zoning Change Application - Letter of Intent To Whom It May Concern, Below is the Letter of Intent narrative for the Omni Bolton Rd Industrial Park Zoning Change application, formally submitted to the City of July 10, 2023. The tract in question is currently in the City of Cibolo's extra -territorial jurisdiction (ETJ) and is requesting to be annexed and zoned as an 1-1 Light Industrial tract based on the City's zoning code which suits the intended use of the property as an Industrial Park. Please contact our office if you have any questions. Thank you for your consideration. k SamerSabbah 2348 W. Whitendale Ave., Suite D., Visalia, CA. 93277 Main: 559-697-4858 Fax: 559-697-4818 BOLTON RD � � r1 " f SITE L LOCATION 1 '° Kimley»)Horn MNLF'J NAND R880CAT s.INIC ,010, REMNION PLACE, SURE RO], SRN ANTONIO. T%78218 VNONE'. 11.1.1. FAC 21S-.1.8018 NNVI .LEYJ NI TRINE FIRM N0. 928 OMNI BOLTON RD SITE LOCATION MAP JOB NO.: 068730601 DATE: 6/612023 SCALE: .LS N T.S O_