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ORDINANCE NO. �
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 4
ACRES,AS DEPICTED HEREIN AS THE ANNEXATION AREA 2,GENERALLY LOCATED ALONG
THE WESTBOUND IH-10 FRONTAGE AND IMMEDIATELY EAST OF SANTA CLARA ROAD IN
THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR
SUCH AREA TO BE ANNEXED;AND AMENDING THE OFFICIAL CITY LI IITS/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 Cotmcil 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 j
identified in an annexationplan; 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
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WHEREAS, the owner of the said properties, of his own flee will and accord, did voluntarily request that the
City of Cibolo incorporate the approximate 4 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 131i day of September 2016, and the 141' day of September 2016, respectively, each on the
proposed annexation of approximately 4 acres along the westbound IH-10 frontage and immediately east of Santa
Clara Road. (Area 2), 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 P
proposed annexation of such land;and R
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WHEREAS,notice of the above referenced public hearings was published in The Seguin Gazette on August 28,
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2016 and August 30, 2016, a newspaper having general circulation in the City of Cibolo, Texas and within the
territory to be annexed,in accordance with law;and
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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
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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 4 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 4. 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 I
incorporated herein as Exhibit`D'.
SECTION 5. The Land and Territory that is the subject of this Ordinance, upon annexation shall be located in
City Council District 7, as shown by the map of City Council Districts attached hereto and incorporated herein as
Exhibit`E'.
SECTION 6. It is hereby declared to.be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence, paragraph or section
of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this Ordinance.
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SECTION 7. This ordinance shall be effective immediately fiom and after passage.
PASSED AND APPROVED this,the 11t''day of October,2016.
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Allen Dunn,Mayor F
ATTEST: e
Peggy Cimics, City Secretary
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EXHIBIT A
ANNEXATION AREA METES & BOUNDS DESCRIPTION
BEING 4.021 ACRES OF LAND, MORE OR LESS, OUT OF THE
GUADALUPE TORRES SURVEY NO. 69, ABSTRACT 313,
GUADALUPE COUNTY, TEXAS AND BEING COMPRISED OF A
ONE ACRE TRACT DESCRIBED AS "TRACT I" AND 3 ACRES,
DESCRIBED AS "TRACT II" IN VOLUME 2017, PAGE 835 OF
THE OFFICIAL RECORDS OF GUADALUPE COUNTY, TEXAS.
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EXHIBIT B
ANNEXATION AREA METES &BOUNDS DESCRIPTION(Mapped)
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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 Emer"ncy 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. 1
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
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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.
S. 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,PIaygrounds,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 '/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 1
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 may acquire and/or construct capital improvements within 2 '/2 1{
years of the effective date of the annexation of the particular annexed areas being annexed.
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3. Roads and Streets
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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 '/Z 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 often(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.
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AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local Government
Code. I
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EXHIBIT D
UPDATED CITY LIMITS/ETJ MAP
CITY OF CIBOLO,TEXAS
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EXHIBIT E
CITY COUNCIL SINGLE MEMBER VOTING DISTRICT MAP
CITY OF CIBOLO,TEXAS
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