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ORD 1439 04/09/2024V r'1 or C'/r O O L , T f X P s "City of Choice" ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF CIBOLO, TEXAS APPROXIMATELY 3.49 ACRES OF PROPERTY LOCATED SOUTHWEST OF BOLTON ROAD, NORTH OF IH -10 AND EAST OF ZUEHL ROAD IN GUADALUPE COUNTY, AS REQUESTED BY THE OWNER OF SAID PROPERTY; GRANTING TO ALL INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF CITY RESIDENTS 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; ADOPTING AN AGREEMENT FOR THE PROVISION OF SERVICES IN THE AREA; DECLARING A PUBLIC PURPOSE; INCORPORATING RECITALS AND AUTHORIZING THE EXECUTION OF SAME; AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY AND REPEAL; DECLARING CONDUCT OF MEETING IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City of Cibolo, Texas ("City") owns certain real property ("Property") located southwest of Bolton Road, North of IH -10 and East of Zuehl Road in Guadalupe County, Texas, such real property being more particularly described and depicted in Exhibit A, attached hereto and fully incorporated into this Ordinance for all purposes; and WHEREAS, the City Council of the City of Cibolo, Texas ("City Council') finds the Property is currently situated in the extraterritorial jurisdiction of the City of Cibolo, Texas; and WHEREAS, Chapter 43 of the Texas Local Government Code and Section 1.03 of the City Charter of the City of Cibolo, Texas authorize the City of Cibolo, to extend its boundaries and annex areas and enlarge and extend the boundaries of the City; and Page 1 WHEREAS, Subchapter C-3 of Chapter 43 of the Texas Local Government Code provides the authority under which a municipality may annex land upon request of the owners of such land; and WHEREAS, the City Council finds, on February 15, 2024, the City, as owner of the Property, submitted to the City of Cibolo, Texas a petition requesting voluntary annexation of the Property into the corporate limits of the City of Cibolo; and WHEREAS, the City Council finds such petition included a request for initial zoning of the Property; and WHEREAS, Section 43.0672 of the Texas Local Government Code requires a governing body of a municipality that elects to annex area under Subchapter C-3 of Chapter 43 of the Texas Local Government Code to negotiate and enter into a written agreement with the owners of such area and that such agreement must list the services to be provided on the effective date of annexation and must provide a schedule as to the other services that the City will provide to the owners; and WHEREAS, the City Council finds the City Council has negotiated such written agreement with the owner of the Property, and such written agreement provides a list of each service the City of Cibolo, Texas will provide on the effective date of the annexation and a schedule of the period within which the City of Cibolo, Texas will provide each service that is not provided on the effective date of the annexation; and WHEREAS, the City Council finds the City of Cibolo is not required to provide a service that is not included in the written agreement; and WHEREAS, the City Council finds that the City provided notice of a public hearing on the requested annexation, as required by state law; and WHEREAS, the City Council finds the City Council conducted a public hearing on the annexation of the Property and provided all persons interested in annexation of the right to be heard; and WHEREAS, the City Council finds the written agreement concerning services, attached hereto as Exhibit B and fully incorporated into this Ordinance for all purposes, was made available on the City website for public inspection; and WHEREAS, the City Council finds the population of the City of Cibolo, Texas is estimated at 32,276 inhabitants (U.S. Census, April 1, 2020); and WHEREAS, the City Council finds the procedures prescribed by the laws of the State of Texas and the City of Cibolo, Texas City Charter and Unified Development Code have been duly followed with respect to the annexation of the Property; and Page 2 WHEREAS, the City Council now desires to annex the Property into the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. Findings 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 2. Annexation. The petition to annex the Property is approved, and the Property is hereby added to and annexed in the City of Cibolo, Texas, and the Property, shall hereafter be included within the boundary limits of the City. The present boundary limits of the City are altered and amended so as to include the Property 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 residents and shall be bound by the acts, ordinances, resolutions and regulations of the City of Cibolo, Texas. SECTION 3. Zoning. The City Council assigns to the Property zoning classification PF Public Facilities (Parks and Institutional Facilities). SECTION 4. Council District. The territory annexed by this ordinance shall be represented by and be a part of City Council District 7. SECTION 5. Municipal Services Agreement. The written agreement outlining the provisions of municipal services to the Property is hereby approved, and the implementation of said agreement and execution of same is hereby authorized. The agreement is attached hereto and incorporated herein as Exhibit B. SECTION 6. Authorization. The City Manager or his designee is authorized to take all necessary steps to implement the provisions of this Ordinance. SECTION 7. Recordation. The City Secretary is hereby directed to file with the County Clerk of Guadalupe County, Texas a certified copy of this Ordinance. SECTION 8. 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 9. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10. Declaration of Compliance. The City Council finds that all required public notices for consideration of the annexation petition have been properly issued and all required Page 3 public hearings have been properly conducted. It is hereby officially found and determined that this meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. SECTION 11. Effective Date. This Ordinance shall be effective immediately upon adoption. PASSED AND APPROVED on this I day of A 0A) 1 2024. ATTEST: Peggy Cimics, TRMC City Secretary 01 WMIT-A Mark Allen, Mayor I:\ 99 C1I11 111X4%V UJ UILIZp Hyde Kellef LLP City Attorney Page 4 Exhibit A Description and Depiction of Property Lot 11, COUNTRYSIDE ACRES SUBDIVISION, Guadalupe County, Texas, according to plat thereof recorded in Volume 4, page 93, Plat Records of Guadalupe County, Texas. Propery y a r Callout 00 r o 63522 II O Parcel ID: 19585 0 PArcel Boundries 1 _ �S Cibolo City Limb 19583 1958419585 1[iS85 19;87 19585 T . ,19575 19576 19577 19578 105 9 19580 0 100 200 400 60111 800 1.000 Exhibit B Services Agreement M SERVICES AGREEMENT For Lot 11 BLK:ADDN: Countryside Acres This Services Agreement ("Services Agreement') is entered into by and between the City of Cibolo, Texas, a home -rule municipality of the State of Texas, ("City") and the City of Cibolo, Texas (collectively, the "Landowner"). The City and Landowner shall be referred to collectively as "Parties." RECITALS The Parties agree that the following recitals are true and correct and form the basis upon which the Parties have entered into this Services Agreement. WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is currently within the extraterritorial jurisdiction of City, such real property being more particularly depicted in Exhibit A attached hereto and fully incorporated into this Services Agreement and for all purposes referred to herein as the "Property"; and WHEREAS, Landowner has voluntarily petitioned the City to annex the Property into the municipal boundaries of the City pursuant to Subchapter C-3 of Chapter 43 of the Local Government Code; and WHEREAS, Section 43.0672 of the Texas Local Government Code requires the City Council of the City to negotiate and enter into a written agreement with the owner of the land for the provisions of services in the area; and WHEREAS, City and Landowner desire to set out the City services to be provided for the Property and consider this Services Agreement to constitute a written agreement in conformance with Section 43.0672 of the Texas Local Government Code; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Landowner agree as follows: RECITALS. All of the above recitals are found to be true and correct and are incorporated into this Services Agreement as findings of fact. 2. PROPERTY. This Services Agreement is only applicable to the Property. MUNICIPAL SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION. Commencing on the Effective Date of the Annexation, the City will provide the municipal services set forth below to the Property. A. 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 Page 7 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. B. 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. C. 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 annexation. Any existing GVSUD facilities that may be present in the annexation area shall continue to be maintained by GVSUD. 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. D. 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 residents 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 City's authorized sanitation manager. E. 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. Page 8 F. 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 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. G. 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 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. H. 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. 4. SCHEDULED MUNICIPAL SERVICES. Due to the size and vacancy of the Property and the plans and schedule for the development of the Property, the following municipal services will be provided in accordance with the following schedule: A. Future Water/Wastewater Facilities Any water or wastewater facilities that may be dedicated to or acquired by the City of Cibolo subsequent to the annexation shall be maintained by the City of Cibolo at such time as said utilities are accepted by the City of Cibolo. 5. LANDOWNER'S STIPULATIONS. The Landowner agrees and stipulates that the Landowner has submitted a petition for the voluntary annexation of Property into the boundaries of the City and that the annexation of the Property is voluntary. 6. EXCLUDED SERVICES. It is understood and agreed that the City is not required to provide a service that is not included in this Services Agreement. 7. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. Page 9 8. AUTHORITY. City and Landowner represent that they have full power, authority and legal right to execute this Services Agreement. 9. SEVERABILITY. If any part, term, or provision of this Services Agreement is held by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the legality, validity and enforceability of the remainder of the Services Agreement and the Services Agreement will be construed as if the part, term, or provision was never part of the Agreement. 10. GOVERNING LAW AND VENUE. Venue shall be in the state courts of Guadalupe County, Texas. This Services Agreement shall be construed under the laws of the State of Texas. 11. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Services Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 12. GOVERNMENTAL IMMUNITY; DEFENSES. Nothing in this Services Agreement shall be deemed to waive, modify or amend any of City's governmental powers or immunities nor any legal defense in availability at law or in equity to City or Landowner. 13. BENEFIT. This Services Agreement shall be for the sole and exclusive benefit of the Parties and their proper successors and assigns. 14. COUNTERPARTS. This Services Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 15. CAPTIONS. The captions to the various clauses of this Services Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Services Agreement. 16. ENTIRE AGREEMENT. This Services Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written agreements between said Parties, except as otherwise provided herein. This Services Agreement shall not be amended unless executed in writing by both Parties. 17. SPECIFIC FINDINGS. The City of Cibolo, Texas, finds and determines that this Service Agreement was negotiated with the Landowner, and the Parties understand that this Services Agreement 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 areas at the time immediately preceding the annexation process. Page 10 18. TERM. This Services Agreement shall be valid for a term of ten (10) years from the date of Annexation. Renewal of the Services Agreement is at the discretion of the City of Cibolo. EXECUTED by the PARTIES hereto to be to be effective on the effective date of annexation of the Property. CITY (CITY OF CIBOLO, TEXAS): By: Wayne Reed, City Manager Date: ATTEST: By: Peggy Cimics, City Secretary Date: LANDOWNER (CITY OF CIBOLO, TEXAS): By: Wayne Reed, City Manager Date: ATTEST: By: Peggy Cimics, City Secretary Page 11 Exhibit A Description and Depiction of Property Lot 11, COUNTRYSIDE ACRES SUBDIVISION, Guadalupe County, Texas, according to plat thereof recorded in Volume 4, page 93, Plat Records of Guadalupe County, Texas. 0 100 200 400 600 HOG 00 Propery Callout ° r ° 63522 O Parcel ID: 19585 � PArcel Boundries 'I' Cibolo City Limits y� 91I T 19583 19584 19585 19586 19-S/ 19588 1 1 1 t 1 i I I 19575 155;6 19577 1°578 19579 19580 0 100 200 400 600 HOG 00