ORD 1169 08/09/2016 I\\I101flF 14s,
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ORDINANCENO. 1169
PROVIDING FOR THE VOLUNTARY EXTENSION OF THE CIEOLO, TEXAS CITY
LIMITS EV THE ANNEXATION OF A TRACT OF LAND THAT CONTAINS AN
AREA OF APPROXIMATELY 13 ACRES, AS DEPICTED HEREIN AS THE
ANNEXATION AREA 1, GENERALLY LOCATED WEST OF CIPOLO VALLEY
DRIVE ON GREEN VALLEY LOOP; 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 CIPOLO 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)(1) 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
land on 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 owners of the said properties, of their own free will and accord, executed such
agreements with duration; expiration of eight (8) years and upon the expiration of this
agreement, the landowner and landowner's successors, heirs or assigns agree to the voluntary
annexation of the property with said agreement serving as a petition for voluntary annexation.
WHEREAS, the City of Cibolo City Council authorized and approved these agreements 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 April 23,
2008.
WHEREAS, the City Council of the City of Cibolo, Texas and the Planning and Zoning
Commission held public hearings on the 12th day of July 2016, and the 13th day of July 2016,
respectively, each on the proposed annexation of approximately 13 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 June 26, 2016 and June 28, 2016, 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 inspection and 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', are altered 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 13 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.
SECTION 5. This ordinance shall be effective immediately from and after passage.
PASSED AND APPROVED this,the 91h day of August, 2016.
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Allen Dunn,Mayor
ATTEST:
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Peggy Cimics, City Secretary
EXHIBIT A
ANNEXATION AREA METES & BOUNDS DESCRIPTION
Field Notes for an approximate 12.64 Acre tract of land to be annexed into the City of Cibolo,
Guadalupe County, Texas; said 12.64 Acres of land is adjacent to and/or surrounded by the
existing City Limits or ETJ of the City of Cibolo, Guadalupe County,Texas
Area"One"
BEGINNING:At a point being on the City Limit line of the City of Cibolo,more specifically on
the Southeast Right of Way line of Green Valley Loop, said point being the most
Western corner of a 1.833 acre tract listed in Guadalupe County Appraisal
District,Account No. 66916 and most Northern Corner of a 4.83 acre tract listed
in Guadalupe County Appraisal District,Account No. 66918;
THENCE: Along said City Limit Line of the City of Cibolo and Right of Way line of Green
Valley Loop a distance of 227.39 feet to a point, said point being the most
Northern corner of said 1.833 acre tract and most Western corner of 4.83 acre
tract listed in Guadalupe County Appraisal District, Account No. 66917;
THENCE: Leaving Right of Way line of Green Valley Loop along with City Limit Line of
the City of Cibolo the Eastern property line of said 1.833 acre tract a distance of
270.94 feet to a point, said point being the most Eastern Corner of said 1.833 acre
-tract and most Northern corner of a 3.0 acre tract listed in Guadalupe County
Appraisal District, Account No. 66915;
THENCE: Continuing along with the City Limit Line of the City of Cibolo and Eastern
property line of said 3.0 acre tract a distance of656.85 feet to a point, said point
being the most Eastern corner of said 3.0 acre tract and most Western corner of
said 4.83 acre tract(GCAD Acct# 66917), said point being in the Northern
property line of a 8.113 acre tract listed in Guadalupe County Appraisal District,
Account No. 66920;
THENCE: Along with the City Limit Line of the City of Cibolo and Northern line of the said
8.113 acre tract a distance of 269.70 feet to a point being the most Northern
Corner of said 8.113 acre tract;
THENCE: Along with the City Limit Line of the City of Cibolo and the Northeastern
property line of said 8.113 acre tract a distance of 285.46 feet to a point being the
most Eastern Corner of said 8.113 acre tract;
THENCE: Continuing along with the City Limit Line of the City of Cibolo and the Southern
property line of said 8.113 acre tract a distance of 170.30 feet to a point, said
point being a point in the Southern property line of said 8.113 acre tract and most
Western corner of Lot 6, Block 4 of the Estates at Deer Creek Subdivision Unit#
3 listed in Guadalupe County Appraisal District, Account No. 121220;
THENCE: Continuing along with the City Limit Line of the City of Cibolo and the common
property line of said 8.113 acre tract and said Lot 6 a distance of 242.56 feet to a
point, said point being on the Southern Property line of said 8.113 acre tract and
most Southern Corner of Lot 6.
THENCE: Continuing along with City Limit Line of the City of Cibolo and the Southern
Property line of said 8.113 acre tract a distance of 553.01 feet to a point, said
point being the most Southern Property Corner of said 8.113 acre tract;
THENCE: Continuing along with City Limit Line of the City of Cibolo and the Western
Property line of said 8.113 acre tract a distance of 526.55 feet to a point for the
most Western Property Corner of said 8.113 acre tract, said point also being the
most Southern corner of a 4.83 acre tract listed in Guadalupe County Appraisal
District, Account No. 66918;
THENCE: Continuing along with the City Limit Line of the City of Cibolo and the common
property line of said 8.113 acre tract and said 4.83 acre tract(GCAD #66918) a
distance of 227.01 feet to a point, said point being on the Northern Property line
of said 8.113 acre tract and most Eastern Corner of said 4.83 acre tract(GCAD#
66918) and most Southern corner of said 3.0 acre tract;
THENCE: Continuing along with City Limit Line of the City of Cibolo and the common
property line of said 4.83 acre tract(GCAD#66918) and said 3.0 acre tract a
distance of 655.51 feet to a point in the eastern property line of said 4.83 acre tract
and for the most Western Property Corner of said 3.0 acre tract, said point also
being the most Southern corner of a said 1.833 acre tract;
THENCE: Continuing along with City Limit Line of the City of Cibolo and the common
property line of said 4.83 acre tract and said 1.833 acre tract a distance of 275.34
feet to the POINT OF BEGINNING and containing 12.64 acres of land 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 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,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 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
Of the newly annexed property, the southernmost 3 acres, is within the water service area of the City of
Cibolo with the remaining northern 10 acres of the property within the water service area of Green:Valley
SUD. All of the newly annexed property is within the wastewater service area of the City of Cibolo. 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 City of Cibolo facilities that may happen to be present in the
annexation area shall continue to be maintained by City of Cibolo. 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 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 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. 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 ofthe 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 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%Z 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 '/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 'h years of the effective date of the annexation of the
particular annexed areas being annexed.
3. Roads and Streets
The City of Cibolo, Texas, finds and determines it is not necessary to acquire or construct any capital
improvements within 2'h 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 %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 annexedareas will
be equivalent to those provided to other areas of the City with similar characteristics.
TERMS
This plan shall be valid for a tern 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 differentcharacteristics 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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OVERALL ANNEXATION MAP
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