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ORDINANCE NO. 1 17 9
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 48 ACRES, AS DEPICTED HEREIN AS THE
ANNEXATION AREA AREA 4, GENERALLY LOCATED NORTH OF BOLTON
ROAD AND EAST OF STOLTE 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
boundarics, 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,the owner of the said properties, of his own free will and accord, did voluntarily request that
the City of Cibolo incorporate the approximate 48 acres described herein into the municipal boundaries of
the City of Cibolo; and
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 13'day of July 2016,respectively, each on the
proposed annexation of approximately 48 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 CIBOI.,O,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 48 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 9th day of Asst 2016.
Allen Dunn, Mayor }�
ATTEST: }
Peggy Cimics, City Secretary
EXHIBIT A
ANNEXATION AREA METES & BOUNDS DESCRIPTION
Field Notes for an approximate 48.16 Acre tract of land to be annexed into the City of Cibolo,
Guadalupe County, Texas; said 48.16 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"Four"
BEGINNING:At a point being on the City Limit line of the City of Cibolo,more specifically on
the Northern line of Bolton Road, said point being the most Eastern corner of a
48.155 acre tract listed in Guadalupe County Appraisal District,Account No.
63511 and the most Southern corner of a 10.56 acre tract listed in Guadalupe
County Appraisal District,Account No. 63983;
THENCE: Leaving the City Limit Line of the City of Cibolo and with the common Northern
Right of Way Line of Bolton Road and Southern property line of said 48.155 acre
tract a distance of 1053.94 feet to a point, said point being the most Southern
corner of said 48.155 acre tract and most Eastern corner of a 41.03 acre tract
listed in Guadalupe County Appraisal District, Account No. 63 56 1;
THENCE: Along with the common line of said 48.155 acre tract and said 41.03 acre tract a
distance of 2004.01 feet to a point on the Eastern line of said 41.03 acre tract, said
point being the most Western Corner of said 48.155 acre tract, and most Southern
corner of a 45.775 acre tract listed Guadalupe County Appraisal District,Account
No. 63510;
THENCE: Leaving the Eastern line of said 41.03 acre tract and along with the common line
of said 48.155 acre tract and said 45.775 acre tract a distance of 1039.93 feet to a
point on the City Limit Line of the City of Cibolo and the most Northern line of
said 48.155 acre tract, said point being the most Western Corner of said 10.56
acre tract;
THENCE: Along said City Limit Line of the City of Cibolo and with the common property
line of said 48.155 acre tract and the said 10.56 acre tract a distance of 2004.39
feet to the POINT OF BEGINNING and containing 48.16 acres of land more or
less.
EXHIBIT B
ANNEXATION AREA METES & BOUNDS DESCRIPTION (Mapped)
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EXHIBIT C
2016 ANNEXATION PROGRAM
CITE'OF CIBOI,O, 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
i. 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 EmerlZency 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
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 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%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-%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 detennines it may acquire and/or construct capital improvements
within 2 '/z 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'/z 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 inexistence 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 fall 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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