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ORDINANCE NO. 1160
PROVIDING FOR THE DISANNEXATION OF APPROXIMATELY 0.828 ACRES,
BEING WEST OF STOLTE ROAD, SOUTH OF LOWER SEGUIN ROAD, EAST OF
HAECKERVILLE ROAD AND NORTH OF VALLEY VIEW, WITHIN THE EXISTING
CITY LIMIT BOUNDARIES OF THE CITY OF CIBOLO, GUADALUPE COUNTY,
TEXAS; THE REFUND OF AD VALOREM TAXES; AND THE ADOPTION OF AN
UPDATED CITY OF CIBOLO CITY LIMITS/ETJ MAP REFLECTING THE
DISANNEXATION.
WHEREAS, Texas Local Government Code Section 43.142 provides that a home-rule
municipality may disannex an area in the municipality according to rules as may be provided by
the charter of the municipality and not inconsistent with the procedural rules prescribed by
Chapter 43; and
WHEREAS; Section 1.04 of the City Charter provides that the City may disannex territory by
ordinance after a public hearing; and
WHEREAS, the owner of certain territory within the City's Corporate limits has petitioned City
Council to disannex the territory; and
WHEREAS, the City Council of the City of Cibolo, approved Ordinance 997 on October 25,
2011, annexing 523.79 acres south of FM 78 into the City of Cibolo, including the 0.828 acres
owned by Kathy G. Tackett; and
WHEREAS, at the time that Ordinance 997 was approved by the City Council, the 0.828 acre
parcel owned by Kathy G. Tackett, referenced as GCAD Parcel 63364 was within the City of
Cibolo ETJ and eligible to enter into a Non-Annexation Agreement for said 0.828 acre tract that
was the homestead of GCAD Parcel 63363 with a lawfully granted Agricultural Exemption by
the GCAD; and
WHEREAS, Texas Local Government Code section 43.035(b)(1) stipulates that a municipality
must offer to make a development agreement with landowners eligible under TLGC 43.035(a)(2)
to guarantee the continuation of the extraterritorial status of the area; and
WHEREAS, the 0.828 acres owned by Kathy Tackett in GCAD Parcel Number 63364 and the
20.547 acres also owned by Kathy Tackett in GCAD Parcel Number 63363 did- in fact qualify
under Texas Local Government Code section 43.035(b)(1) to be offered development
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agreements under TLGC 43.035(a)(2), with Ms. Tackett being legally informed of this fact and
executing a non-annexation agreement on said properties on September 19, 2011; and
-WHEREAS, Ms. Tackett became aware of City of Cibolo taxes being added to said GCAD
Parcel Number 63364 as her property was not listed as exempted from the 523.79 acre
annexation tract per Ordinance 997; and
WHEREAS, the City of Cibolo recently became-aware of all of these circumstances by Ms.
Tackett and a detailed examination of the chain of events described above; and
WHEREAS, the City of Cibolo, after discovering these unique circumstances, hereby finds and
determines that it would be right and appropriate, and the best interest of the City of Cibolo, to
disannex Ms. Tackett's tract totaling 0.828 acres described herein effective immediately; and, to
the extent permitted by law,retroactively effective as of October 25, 2011; and to amend the City
of Cibolo City Limits/ETJ Map accordingly; and
WHEREAS, the City of Cibolo, finds that due.to the unique circumstances it is appropriate to
refund the ad valorem taxes collected; and
WHEREAS, the petitioner acknowledges, and City Council finds, that the territory to be
disannexed does not include the disannexation of a road or highway; and
WHEREAS, before City Council +a took action on this Ordinance a hearing was held on
May 24, 2016, to allow members of the public give testimony and express opinions as to the
merits of the disannexation.
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
SECTION 1. The -land and territory lying within the City of Cibolo, Texas, more particularly
described in Exhibits `A' and `B', attached hereto and incorporated herein by reference, is
hereby subtracted and disannexed out of the City of Cibolo, Texas, and said territory, as
described, shall hereafter not 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'. The City of Cibolo City Limits/ETJ Map is subsequently amended-to subtract the
property described in Exhibits "A" and`B" and is revised as depicted in Exhibit"C".
SECTION 2. The land and territory more particularly described on Exhibits `A' and `B'
attached hereto and incorporated herein by reference, shall be excluded as a part of the City of
Cibolo, Texas and inhabitants thereof shall not be entitled to any of the rights and privileges as
citizens and shall not be bound by the acts, ordinances; resolutions, and regulations of the City of
Cibolo, Texas.
SECTION 3. The City Manager is authorized and directed to refund to the property owner the
ad valorem taxes collected by the City through Guadalupe County Tax Office during the period
the property was annexed.
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SECTION 4. This ordinance shallbe effective immediately; and,to the extent permitted by law,
shall be retroactively effective as of October 25, 2011.
PASSED AND APPROVED this, the 24th day of May 2016.
MAYOR
Allen Dunn
ATTEST: APPROVED AS TO FORM:
CITY SECRETARY CITY ATTORNEY
Peggy Cimics DNRBH&Z P.C.
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EXHIBIT A(Field Notes)
DISANNEXATION AREA METES & BOUNDS DESCRIPTION
Field Notes for an approximate 0.828 Acre tract of land out of the Jose Flores Survey, Abstract
No. 134, to be disannexed out the City of Cibolo, Guadalupe County-, Texas; said 0.828 Acres of
land is adjacent to and/or surrounded by the existing City Limits or ETJ of the City of Cibolo,
Guadalupe County, Texas;
COMMENCING:
At a point being on the City Limit line of the City of Cibolo, more specifically on
the southwest Right of Way line of Haeckerville Rd., said point being the most
northern corner of a 20.547 acre tract listed in Guadalupe County Appraisal
District, Account No: 63363;
THENCE: Leaving said Right of Way of Haeckerville Rd and along with the northwest of
Line of the said 20.547 acre tract a distance of 1,670.16 feet to the POINT OF
BEGINNING for the herein described 0.828 acre tract, said point being the most
northern corner of said 0.828 acre tract listed in Guadalupe County Appraisal
District, Account No. 63364;
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THENCE: Into the above mentioned 20.547 acre tract with the northeast line of said 0.828
acre tract a distance of 169.94 feet to a point, said point also being the most
eastern comer-of said 0.828 acre tract;
THENCE: Along with the southeastern line of said 0.828 acre tract a distance of 212.76 feet
to a point, said point also being the most southern corner of said 0.828 acre tract;
THENCE: Along with the southwestern line of said 0.828 acre tract a distance of 169.83 feet
to a point said point also being the most western corner of said 0.828 acre tract,
said point also being on the southeast line of a 44.344 acre tract listed in
Guadalupe County Appraisal District, Account No. 69626;
THENCE: Along with the northwest line of said 0.828 acre tract a distance of 212.33 feet to
the POINT OF BEGINNING and containing.0.828 acres of land more or less.
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EXHIBIT C
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OVERALL ANNEXATION MAP
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May 24,2016
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