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ORDINANCE NO. 1152
PROVIDING FOR THE VOLUNTARY EXTENSION OF THE CIBOLO, TEXAS_CITY LIMITS
BY THE ANNEXATION OF A TRACT OF LAND THAT CONTAINS AN AREA OF
APPROXIMATELY 140 ACRES LOCATED GENERALLY SOUTH OF M 10 AND WEST OF
LINNE STREET AND IMMEDIATELY ADJACENT TO THE EXISTING BOUNDARIES OF
THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS; APPROVING A SERVICE PLAN
FOR SUCH AREA TO BE ANNEXED; AND AMENDING THE OFFICIAL CITY LIMITS/ETJ
MAP OF THE CITY OF CIBOLO TO REFLECT THE VOLUNTARY ANNEXATION OF THE
PROPERTIES DESCRIBED HEREIN.
WHEREAS,Texas Local Government Code section 43.021 authorizes the City of Cibolo, as a home-rule
municipality, to extend its. City limit boundaries through the annexation of area adjacent to those
boundaries; and
WHEREAS, section. 1.03 of the City Charter of the City of Cibolo provides that the City Council has
authority by ordinance to fix the City limit boundaries, provide for the alteration and extension of said
boundaries, and annex additional territory lying adjacent to said boundaries in any manner provided by
-law; and
WHEREAS, Texas Local Government Code section 43-.052(h)(I) provides that an area proposed for
annexation containing fewer than one hundred (100) separate tracts of land on which one or more
residential dwellings are located on each tract is exempted from the state law requirement.that an area
proposed for annexation first be identified in an annexation plan; and
WHEREAS, the areas described herein contain fewer than one hundred (100) separate tracts of landon
which one or more residential dwellings are located on each tract and are, therefore, exempted from the
above-described annexation plan requirement; and
WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of
a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management
use under Subchapter C or D, Chapter 23,Tax Code, or as timber land under Subchapter E of that chapter
that a municipality must offer a development agreement to a property owner pursuant to Texas Local
Government Code Section 212.172 that.guarantees the continuation of the extraterritorial status of the
area for a certain time and authorizes the enforcement of all regulations and' planning authority of the
municipality that do not interfere with.the use of the area for agriculture,wildlife management, or timber;
and
WHEREAS, the City and the Landowners executed such an agreement, effective September 28, 2010,
which set out certain terms and condition -precedents before the City would institute annexation
proceedings for approximately 140 acres,-generally located.South of 1H 10 and West of Linne Street and
'immediately adjacent to the existing boundaries of the city (hereinafter sometimes referred as the
"Property";and
WHEREAS, City Council had authorized and approved the agreement at a regularly scheduled council
meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the
ordinances and Charter of the City of Cibolo on July 24,2007; and
WHEREAS,-said agreement included covenants and agreements of the Landowners, in-sections-one and
six respectively,which provided in substantive part, as follows:
"[njot to file a development document, master plan or for plat approval or a permit, not
to include permits for uses existing on the date of this agreement, on their respective
property until such property has been annexed into the City of Cibolo and zoned pursuant
to all applicable laws of the State.of Texas and ordinances of the City of Cibolo. . . and
[s]hould the landowner, heirs, successor or assigns file for any type of development
document, master plan, plat approval or permit for the area with a governmental entity
that has jurisdiction over the area, or change the existing use to a use not allowed
hereunder this provision then said action shall be deemed a request for voluntary
annexation by the City with this agreement serving as the required petition and the
Property shall,.at the discretion of the City, be annexed into the City. . ."
WHEREAS, City Council finds that a subdivision of the Property occurred as evidenced by the
recordation of a legal instrument as Warranty-Deed ID No. 2014-023215, in the Real Property
Records of Guadalupe County,Texas; and
WHEREAS, City Council finds that on April 1, 2015 a TCEQ.Domestic Waste Water permit
application was filed with the Texas Public Utility Commission (Control No. 0015360001),
which effects the property; and
WHEREAS, City Council finds that the subdivision of the Property and the filing of the
aforementioned permit application triggers. the provision of section 6 which reads as follows:
"[t]he landowner and Landowner's heirs, successors and assigns shall covenant and agree that
such annexation is voluntarily made and shall be considered to be by voluntary petition of the
owners of the Property at the time of such annexation"; and
WHEREAS, after discovering the triggering events, the City had official Notice of Annexation
delivered to the owners of the property to others in accordance with the requirements of the Local
Government Code; and
WHEREAS, the City Council of the. City of Cibolo, Texas and the Planning and Zoning Commission
held public hearings on the 12t1i day of January 2016, and the 13th day of January 2016, respectively, each
on-the proposed annexation of approximately 140 acres, situated outside of, but immediately adjacent to
the current corporate limits of the City of Cibolo, Texas and such public hearings gave all interested
persons the right to appear and be heard on the proposed annexation of such land; and
WHEREAS, notice of the above referenced public hearings was published in The Seguin Gazette on
December 27, 20:15 and December .29, 2015, a newspaper having general circulation in the City of
Cibolo,Texas and within the territory to be annexed, in accordance with law;and
WHEREAS, the proposed service plan was made available for public.inspectionand explained to the
inhabitants of the area at the public hearings held; and
WHEREAS-, the aforementioned public hearings were conducted not more that forty (40) days nor less
than twenty(20)days prior to the institution of annexation proceedings; and
WHEREAS, the population of the City of Cibolo, Texas is in excess of approximately 27,000
inhabitants, 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 of Cibolo,Texas.
NOW THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS-
SECTION 1. The land and territory lying outside of, but adjacent to and adjoining the City of Cibolo,
Texas, more particularly described in Exhibits `A' and `B', attached hereto and incorporated herein by
reference, is hereby added and annexed to the City of Cibolo, Texas, and said 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 Exhibits `A' and `B', arealtered and amended so
as to include said areas within the corporate limits of the City of Cibolo,Texas.
SECTION 2. The land and territory comprising approximately 140 acres; more particularly described as
-the annexation area on Exhibits `A' and `B', are attached hereto and incorporated herein by reference,
shall be part of the City of Cibolo, Texas and inhabitants thereof shall be entitled to all of the rights and
privileges as citizens and shall be bound by the acts, ordinances; resolutions,.and regulations of the City
of Cibolo,Texas.
SECTION 3. A service plan outlining the provisions.of necessary-municipal' service to the properties
described in Exhibit `C' is hereby approved and the implementation of said plan is hereby authorized. -
Such plan is attached hereto and incorporated herein as Exhibit`C'.
SECTION 5. The official.City Limits/ETJ Map of the City of Cibolo shall be amended, as depicted in
Exhibit `D', as attached hereto, to reflect the annexation-of the subject properties. Such map is attached
hereto and incorporated herein as Exhibit`D'.
SECTION 4. This Ordinance is not severable.
SECTIONS. This ordinance shall be effective immediately from and after passage.
PASSED AND APPROVED this,the 9th day of February,2016.
Allen Dunn__
Mayor
ATTEST:
Peggy Cimics
City Secretary
EXHIBIT A
ANNEXATION AREA METES &BOUNDS DESCRIPTION
Field Notes for an approximate 140.06 Acre tract of land to be annexed into the City of Cibolo,
Guadalupe County, Texas; said 140.06 Acres-of land is adjacenttoand/or surrounded by the
existing City Limits or ETJ of the City of Cibolo, Guadalupe County, Texas
Tract"C"
BEGINNING:At a point being on the City Limit line of the City of Cibolo, more specifically on
the eastern Right of Way line of Santa Clara Rd, said point being the most
southern corner of a 17.0-acre tract listed in Guadalupe County Appraisal District,
Account No. 71063 and most western corner of a 86.24 acre tract listed in
Guadalupe County Appraisal District, Account No. 70990;
THENCE: Leaving said Right of Way of Santa Clara Rd and along with the northern Line of
the 86.24 acre tract a distance of 6,401.70' to a point, said point being the most
northern corner of the 86.24 acre tract and a western corner of a 45.67 acre tract
listed in Guadalupe County Appraisal District, Account No. 155534;
THENCE: Along with the northern line of 45.67 acre tract a distance ofl,772.82' to a point
on the City Limit Line and most northern corner of the 45.67 acre tract, said point
being on the southern Right of Way line of Interstate 10;
THENCE: Along with the City Limit Line and eastern property line.of 45.67 acre tract a
distance of 782.73 to a point in the western Right of Way line of Linne Rd, said
point being the most eastern corner of the 45.67 acre tract and most northern
corner of 19.33 acre tract listed in Guadalupe County Appraisal District, Account
No. 70940;
THENCE: Leaving said Right of Way line of Linne Rd and.along with the northern property
line of the 19.33 acre tract a distance of 1,354.03' to a point, said point being the
most western corner of 19.33 acre tract;
THENCE: Along with the western line of 19.33 acre tract a distance of 574.42' to the most
southern corner of the 19.33 acre tract,.said point being an eastern corner of the
45.67 acre tract;
THENCE: Along with the southern line of 45.67 acre tract a distance of 1.,452.58' to most
southern corner of the 45.67 acre tract, said point being the most eastern corner of
a 72.21 acre tract listed in Guadalupe County Appraisal District, Account.No.
70958;
THENCE: Along with the common line of 72.21 acre tract and 45.67 acre tract a distance of
552.66' to most western corner of the 45.67 acre:tract, said point being the most
northern corner of the 72.21 acre tract and a point in the southern property line of
the 86.24 acre tract;
THENCE: Along with the southern line of 86.24 acre tract a distance of 5,726.05' to the
most southern corner of the 86.24 acre tract, said point being on the eastern Right
of Way line of Santa Clara Rd and most western corner of a 2.60 acre tract listed
in Guadalupe County Appraisal District, Account No. 70961;
THENCE: Along with the east Right of Way Line of Santa Clara Rd.and the western
property line of the 86.24 acre tract a distance of 721.43''to the POINT OF
BEGINNING and containing 140.06 acres more or less.
EXHIBIT B
ANNEXATION AREA METES& BOUNDS DESCRIPTION (Mapped)
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EXHIBIT C
2016 ANNEXATION PROGRAM
CITY OF CIBOLO,TEXAS
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Upon annexation of the area identified above 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
1. 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 populationdensity 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, and the Cibolo Volunteer 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 useand 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 andwaste water service areas of Green
Valley SUD. The City of Cibolo does not own or maintain water or waste water 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 Bexar Waste. 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
indemnificationis 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. Private roads
will remain under the ownership of-the homeowners association and as such maintained by the
association.
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. Private
facilities will remain under the ownership of the homeowners association and as such maintained
by the association.
7. Maintenance of any Publicly owned Facility,Building or Municipal Serviee
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 V2
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 1/2 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
The City of Cibolo, Texas, finds and determines it is not necessary for the City of Cibolo to
acquire or construct any capital improvements within 2 %2 years of the effective date of the
annexation of the particular annexed areas being annexed.
I .Roads and Streets
The City of Cibolo, Texas, finds and determines it is not necessary to acquire or construct any
capital'improvements within 2 %2 years of the effective date of the annexation of the particular
annexed areas.
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 %2 years of the effective. date of the annexation of the particular
annexed areas for the purpose -of parks maintenance, playgrounds, swimming pools and other
publicly owned facility,building or service.
5. Maintenance of Current Septic System
Any resident who currently utilizes .a septic system to manage wastewater shall be entitled to
continue said system except for the following:
Should a septic system located within 500-feet of an existing sewer main fail to the point where
repair/replace costs will exceed the cost of tying onto the said existing sewer main, the property
owner shall be required to connect to the sewer system.
SPECIFIC FINDINGS
The City of Cibolo,. Texas, finds and determines that this proposed 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 of ten(10)years. 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 of the 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.
EXHIBIT D
UPDATED CITY LIMITS/ETJ MAP
CITY OF CIBOLO,TEXAS
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