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ORD 1171 08/09/2016 O IF c/,,, \ ```111j11IIIIUIIIppiiiij44'Q0 r,% O nnld T � XAr' ORDINANCE NO. 1171 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 718 ACRES, AS DEPICTED HEREIN AS THE ANNEXATION AREA 3, GENERALLY LOCATED SOUTH OF .SCHAEFFER ROAD AND EAST OF HAECKERVILLE ROAD.; 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)(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, theareas 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 718 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 wasmade 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 (4.0) 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 lieswithin 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 718 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 S. 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 W. SECTION 4. This Ordinance is not severable. SECTION-5. This ordinance shall be effective immediately from and after passage. PASSED AND APPROVED this, the 9th day of August 2016. Allen Dunn,Mayor ATTEST• Peggy Cimics, City Secretary EXHIBIT A ANNEXATION AREA METES & BOUNDS DESCRIPTION Field Notes for an approximate 530.0 Acre tract of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 530.0 Acres of land is adjacent to and/or surrounded by the existing City Limits or ETJ of the City of Cibolo, Guadalupe County, Texas Tract"Three -A" BEGINNING:At a point being on the City Limit line of the City of Cibolo, more specifically on the Eastern-line of Haeckerville Road, said point being the most Western corner of a 79.09 acre tract listed in Guadalupe County Appraisal District, Account No. 66527 and a point on the Southern line of a 16.70 acre tract listed in Guadalupe County Appraisal District, Account No. 66636; THENCE: Along said City Limit Line of the City of Cibolo and the common property line of said 79.09 acre tract and 16.70 acre tract a distance of 536.61 feet to a point, said point being the most Eastern corner of said 1-6.70 acre tract and most Southern corner of 52.20 acre tract listed in Guadalupe County Appraisal District,Account No. 66393; THENCE: Continuing along with the City Limit Line of the City of Cibolo and the common property line of said 79.09 acre tract and 52.20 acre tract a distance of 1602.80 feet to a point, said point the most Eastern corner of said 52.20 acre tract, said point being located on the Western line of a 225.523 acre tract listed in Guadalupe County Appraisal District, Account No. 66340; THENCE: Continuing along with the City Limit Line of the City of Cibolo and common property line of said 52.20 acre tract and said 225.523 tract a distance of 2523.58 feet to a point, said point being the most Northern corner of said 52.20 acre tract, and most Eastern corner of 0.578 acre tract listed in Guadalupe County Appraisal District, Account.No. 66540; THENCE: Along-with the City Limit Line of the-City of Cibolo and common-property line of said 225.523 acre tract and said 0.578 acre tract a distance of 998.96 feet to a point being the most Northern corner of said 0.578 acre tract, said point being located on the Northern fine of said 225.523 acre tract and being located on the Southern Right of Way of FM 78; THENCE: Along with the City Limit Line of the City of Cibolo and South Right of Way line of FM 78 and property line of said 225.523 acre tract a distance of 25.79 feet to a point being the most Northern corner of said 225.523 acre tract, and most Western corner of the Falcon Crest Subdivision; THENCE: Leaving FM 78 Right of Way and continuing.along with the City Limit Line of the City of Cibolo and the common property line of said 225.523 acre tract and the Falcon Crest Subdivision a distance of 2759.73 feet to a point, said point being on the Eastern line of said 225.523 acre tract and Western line of a 53.45 acre tract.listed in Guadalupe County-Appraisal District, Account No. 66381; THENCE: Continuing along with the City Limit Line of the City of Cibolo and the common property line of said 225.523 acre tract and 53.45 acre tract a distance of 1558:68 -feet to a point, said point being the most Southern corner of said 53.45 acre tract and most Western corner of a 73.396 acre tract listed in Guadalupe County Appraisal District, Account No. 66230; THENCE: Continuing along with the City Limit Line of the City of Cibolo and the common property line of said.225.523 acre tract and 73.396 acre tract a distance of 421.27 feet to a point, said point being the most Southern corner of said 73.396 acre tract and most Western corner of a 62.67 acre tract listed in Guadalupe County Appraisal District, Account No. 66231; THENCE: Continuing along with the City Limit Line of the City of Cibolo and the common property line of said 225.523 acre tract and 62.67 acre tract a distance of 952.64 feet to a point on the Western Line of said 62.67 acre tract, said point being the most Eastern corner of said 225.523 acre tract and most Northern corner of a 88.70 acre tract listed in Guadalupe County Appraisal District, Account No. 66390; THENCE: Continuing along with the City Limit Line of the City of Cibolo and the common property line of said 62.67 acre tract and 88.70 acre tract a distance of 733.25 feet to a point in the North Right of Way line of Arizpe Road, said point being the most Southern corner of said 62.67 acre tract and most Eastern corner of a 88.70 acre tract THENCE: Leaving the City Limit Line of the City of Cibolo and continuing along with the North Right of Way line of Arizpe Road a distance of 5362.02 feet to a point on the Eastern Right of Way line of Haeckerville Road, said point being the most Southern comer of said 88.70 acre tract; THENCE: Continuing along with the East Right of Way line of Haeckerville Road a distance of 677.69 feet to a point on the City Limit Line of the City of Cibolo, said point being the most Western corner of said 88.70 acre tract and Southern corner of a 0.0270 acre tract listed in Guadalupe County Appraisal District,Account No. 66392; THENCE: Leaving said Haeckerville Road Right of way and continuing along with the City Limit Line of the City of Cibolo and the common property line of said 88.70 acre tract and 0.0270 acre tract a distance of 66.38 feet to a point on the Northern Line of said 88.70 acre tract, said point being the most Northern corner of said 0.0270 acre tract and a point on the Southern line of a 43.54 acre tract listed in Guadalupe County Appraisal District, Account No. 66344; THENCE: Continuing along with the City Limit Line of the City of Cibolo and the common property line of said 0.0270 acre tract and said 43.54 acre tract a distance of 23.37 feet to a point in the Eastern Right of Way line of Haeckerville Road, said point being the most Western corner of said 0.0270 acre tract and most Southern corner of said 43.54 acre tract; THENCE: Leaving the City Limit Line of the City of Cibolo and continuing along with the East Right of Way line of Haeckerville Road a distance of 888.50 feet to a point,. said point being on the City Limit Line of the City of Cibolo and the most Western corner of said 43.54 acre tract and most Southern corner of a 5.10 acre tract listed in Guadalupe County Appraisal District,Account No. 66346; THENCE: Leaving said Haeckerville Road Right of way and continuing along with the City Limit Line of the City of Cibolo and the common property line of said 43.54 acre tract and 5.10 acre tract a distance of 1371.18 feet to a point, said point being the most Northern corner of said 5.10 acre tract and point on the Southern Line of a 86.203 acre tract listed in Guadalupe County Appraisal District, Account No. 66342; THENCE: Continuing along with the City Limit Line of the City of Cibolo and the common property line of said 5.10 acre tract and said 86.203 acre tract a distance of 1206.09 feet to a point in the Eastern Right of Way line of Haeckerville Road, said point being the most Western corner of said 5.10 acre tractand most Southern comer of.said 86.203 acre tract; THENCE: Leaving the City Limit Line of the City of Cibolo and continuing along with the East Right of Way line of Haeckerville Road a distance of 1881.84 feet to a point, said point being the most Western corner of said 86.203 acre tract and most Southern corner of said 79.09 acre tract; THENCE: Continuing along with the East Right of Way line of Haeckerville Road a distance of 1312.57 feet to the POINT OF BEGINNING and containing 530.0-acres of -land more or less. Field-Notes for an approximate 79.36 Acre tract of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 79.36 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"Three - B" BEGINNING:At a point being on the City Limit line of.the City of Cibolo,more specifically on the Southern Right of Way line of Arizpe Road, said point being the most Western corner of a 16.87 acre tract listed in Guadalupe County Appraisal District, Account No. 69677 and the most Eastern corner of a 183.596 acre tract listed in Guadalupe County Appraisal District, Account No. 69621; THENCE: Leaving the City Limit Line of the City of Cibolo and continuing along with the South Right of Way line of Arizpe Road a distance of 227.48 feet to a point, said point being the most Northern corner of said 16.87 acre tract and the most Western Corner of a 10.0 acre tract listed in Guadalupe County Appraisal District, Account No. 69678, THENCE: Continuing along with the South Right of Way line of Arizpe Road a distance of 169.88 feet to a point, said point being the most Northern corner of said 10.0 acre tract and the most Western Corner of a 53.02 acre tract listed in_Guadalupe County Appraisal District, Account No. 69673; THENCE: Continuing along with the South Right of Way line of Arizpe Road a distance of 836.60 feet to a point, said point being the most Northern corner.of said 5102 acre tract and the most Western Corner of a 166.54 acre tract listed in Guadalupe County Appraisal District, Account No. 69691; THENCE: Leaving Arizpe Road Right of Way and continuing along with the common .property line of said.53.02 acre tract and the said 166.54.acre tract a.distance of 2809.80 feet to a point on the City Limit line of the City of Cibolo, said point being on the most Eastern Corner of said 53.02 acre tract and on western line of said 166.44 acre tract, said point being the most northern corner of a 41.24 acre tract listed in Guadalupe County Appraisal District, Account No. 69696; THENCE: Along said City Limit Line of the City of Cibolo and the common.property line of said 53.02.acre tract and said 41.24 acre tract a distance of 785.44 feet to a point for the most Western corner of the said 41.24 acre tract, said point being the most Northern corner of a 1.41 acre tract listed in Guadalupe County Appraisal District, Account No. 69675; THENCE: Along said City Limit Line of the City of Cibolo and the common property line of said 53.02 acre tract and said 1.41 acre tract.a distance of 33.13 feet to a point for the most Southern corner of said 53.02 acre tract, said point being the Western corner of said 1.41 acre tract,most Eastern corner of said 10.0 acre tract and most Northern corner of a 23.819 acre tract listed in Guadalupe County Appraisal District,Account No. 69676; THENCE: Along said City Limit Line of the City of Cibolo.and the common:property line of said 10.0 acre tract and said 23.819 acre tract a distance of 169.88 feet to a point for the most Southern corner of said 10.0 acre tract, said point being the most -Eastern corner of said 16.87 acre tract; THENCE: Along-said City Limit Line of the City of Cibolo and the common property line of said.16.87 acre.tract and said 23.819 acre tract a distance of 244.53 feet to a point for the most Southern corner of said 16.87 acre tract, said point being the most Western corner of said 23.819 acre_tract, said point being on the Eastern line of said-183.596 acre tract; THENCE: Along said City Limit Line of the City of Cibolo and the common property line of said 16.87 acre tract and said 183.5.96 acre tract.a distance of 2795.17 feet to the POINT OF BEGINNING and containing.79:36 acres of land more or less. Field Notes for an approximate 108.83 Acre tract of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 108.83 Acres of land is adjacent to and/or surrounded by the .existing City Limits or ETJ of the City of Cibolo, Guadalupe County, Texas Tract"Three C" BEGINNING:At a point being on the City Limit line of the City of Cibolo, more specifically on the Eastern line of Haeckerville Road, said point being the most Western corner of a 58.82-acre tract listed in Guadalupe County Appraisal District, Account No. 69617 and the most Southern corner of a 25.83 acre tract listed in Guadalupe County Appraisal District,Account No. 69635; THENCE: Along said City Limit Line of the City of Cibolo and withthe common property line of said 58.82 acre tract and the said 25.83 acre tract a distance of 1980.49 feet to a point, said point-being the most Northern corner of said 58.82 acre tract and the most Eastern Corner of said 25.83 acre tract, said point being on the Western line of a 183.596 acre tract listed in Guadalupe County Appraisal District, Account No. 69621; THENCE: Along said City Limit Line of the City of Cibolo and the common property line of said 58.82 acre tract.and said 183.596 acre tract.a distance of 355.83 feet to a point on the Eastern line of said 58.82 acre tract, said point being the most Southern corner of the said 183.596 acre tract, said point being on the most Northern line of a 49.246 acre tract listed in Guadalupe County Appraisal District, Account No. 69606; THENCE: Along said City Limit Line of the City of Cibolo and with the common property line of said 183.596 acre tract and the said 49.246 acre tract a distance of 798.39 feet to a point, said point being the most Northern corner of said 49.246 acre tract and-the most Western Corner of a 20.0 acre tract listed in Guadalupe County Appraisal District, Account No. 69538; THENCE: Along said City-Limit Line of the City of Cibolo and with the common property line of said 49.246 acre-tract and the said 20.0 acre tract a distance of 1974.14:feet to a point on the.Northern Right of Way Line of-Lower.Seguin Road, said point being the most Eastern corner of said 49.246 acre tract and the most Southern Corner of said 20.0 acre tract; THENCE: Leaving the City Limit Line of the City of Cibolo and with the Northern Right of Way Line of Lower Seguin Road and with the Southern property line of said 49.246 acre tract a distance of 867.71 feet to a point, said point being on the most Eastern Corner of a 2.00 acre tract listed in Guadalupe County Appraisal District, Account No. 69607; THENCE: Along with the Northern Right of Way Line of Lower Seguin Road and with the Southern property line of said 2.00 acre tract a distance ofl 94.65 feet to a point, said point being the most Southern Corner of.said 2.00 acre tract,.said point being on the Southern line of said 49.246 acre tract; THENCE: Along with the Northern Right of Way Line of Lower Seguin Road and with the Southern property line of said 49.246 acre tract a distance of 1912._59 feet to a point, said point being the intersection of the North Right of Way Line of Lower Seguin Road and the Eastern Right of Way Line of Haeckerville Road, said point. also being the most Southern corner of said 49.246 acre tract; THENCE: Along with the Eastern Right of Way Line of Haeckerville Road and Western Line of said 49.246 acre tract a distance of 11.11 feet to the most Western corner of said 49.246 acre tract,-said point being the most Southern corner of said 58.82 acre tract; THENCE: Continuing along with the East Right of Way line of Haeckerville Road a distance of 1270.46 feet to the POINT OF BEGINNING and containing 108.83 acres of land more or less. Field Notes for an approximate 10.31 Acre tract of land(Haeckerville Road Right of Way) to be annexed into the City of Cibolo, Guadalupe County, Texas; said 10.31 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"Three -D" 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 Haeckerville Road, said point being the most Western corner of a 58.82 acre tract listed in Guadalupe County Appraisal District, Account No. 69617 and the most Southern corner of a 25.83 acre tract listed in Guadalupe County Appraisal District, Account No. 69635; THENCE: In a Southerly direction, along the Eastern Right of Way line of Haeckerville Road a distance of 5001.14 feet to the intersection of the Eastern Line of Haeckerville Road and the Southern Line of Arizpe Road, said point being the most Western comer of an 183.596 acretract listed in Guadalupe County Appraisal District, Account No. 69631, said point being on the City Limit Line of the City of Cibolo; THENCE: Continuing in a southerly direction along the Eastern Right of Way Line of Haeckerville Road and the City Limit Line of the City of Cibolo, a-distance of 2691.86 feet to a point for the Western Corner of a 58.824 acre tract listed in Guadalupe County Appraisal District, Account No. 69617;, THENCE: Departing the City Limit Line of the City of Cibolo and continuing in a southerly direction, along Eastern Right of Way Line of Haeckerville Road a distance of .1300.46 feet to the intersection of the Eastern Line of Haeckerville Road and the Northern Line of Lower Seguin Road, said point being the most Western corner of an 49.246 acre tract listed in Guadalupe County Appraisal District, Account No. 69606; THENCE: Along with the Northern Line of Lower Seguin Road; in a westerly direction and crossing Haeckerville Road 50.61 feet to a point on the Western Line of -Haeckerville Road and the Eastern corner of a 47.659 acre tract listed in Guadalupe County Appraisal District, Account No. 69615 said point being on the City Limit Line of the City of Cibolo; ; THENCE: In a Northerly direction along the Western Right of Way Line of Haeckerville Road and the City Limit Line of the City of Cibolo, a distance of 9027.29 feet to a point; THENCE: In an Easterly direction and crossing Haeckerville Road, 40.67 feet to the POINT OF BEGINNING and containing 10.31 acres of land more or less. EXHIBIT B ANNEXATION AREA METES & BOUNDS DESCRIPTION (Mapped) % pps FM 78 39 J i ~ i I COUNTRY 1 COUNTRY 93 � � 1 I j i� i i AREA 3 1 s i w x j r I 1 i o w to 1 R s�GU/N II Y N z F i nLo a 1 ; J Symbology Expiring Non-annexation Agreements Minor Roads Non-annexation Agreements Major Roads Cibolo City Limits Cibolo ETJ Parcel Boundaries b' tl6' 0 0 225 0.45 0.9 Miles t'9 1 1 1 p J EXHIBIT C 2016 ANNEXATION PROGRAM CITY OF CIBOLO, TEXAS 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 Emer2ency 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. J 3. Maintenance of Water and Wastewater Facilities All of the newly annexed property north of Arizpe Road is within the wastewater service area of the City of Cibolo with the remainder of the property, south of Arizpe Road within the wastewater service area of Green Valley SUD. All of the newly annexed property is within the water service area of Green Valley SUD. 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 City of Cibolo does not own or maintain 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 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 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 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 'h 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 fords 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. 3. Roads and Streets The City of Cibolo, Texas, finds and determines it may acquire and/or construct 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 'h 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 T 1 ---- I�e ( l.J — — B i f £ l J Symbology ,1 — - LJcounty Boundaries Prop Boundaries C,a CRY Limits � { ,� �.• Non-Anmxabw Agreemers civao ETJ _ 1 Ba¢Am�os�s araea.rs Igo' L�lll_J- .. 1 i w j. - I T. ---- i ------------- 4�\ r T 1 a -- ems_ 7 A c nm.mrvrwra..s.aadarum�rr raoan.ogao.caa,pm � r co ,y CITY OF CIBOLO OVERALL ANNEXATION MAP o4--U1:24,000 August 9,2016 (o4- -Ulu lu of a.&C- mgr as :� rvoawao.sr