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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 447 ACRES, AS DEPICTED HEREIN AS THE
ANNEXATION AREA 2, GENERALLY LOCATED WEST OF FM 1103 AND SOUTH
OF GREEN VALLEY 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, 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 July 24, 2007.
WHEREAS, the City Council of the City of Cibolo, Texas and the Planning and Zoning Commission
held public hearings on the 13d'day of December 2016, and the 14ffi day of December 2016, respectively,
each on the proposed annexation of approximately 447 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
November 27, 2016 and November 29, 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 447 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 10th day of January, 2017.
Allen Dunn, Mayor
ATTEST:
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Peggy Cimics, City Secretary
EXHIBIT A
ANNEXATION AREA METES &BOUNDS DESCRIPTION
Field Notes for an approximate 291.13 Acre tract of land to be annexed into the City of Cibolo,
Guadalupe County, Texas; said 291.13 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"Two-A"
BEGINNING:At a point being on the City Limit line of the City of Cibolo, more specifically on
the South Right of Way line of Green Valley Rd., said point being the most
Western corner of a 53.60 acre tract listed in Guadalupe County Appraisal
District,Account No. 63 820 and most Northern Corner of a 3.17 acre tract listed
in Guadalupe County Appraisal District, Account No. 63755;
THENCE: Along with the Right of Way Line of Green Valley Rd. and the City Limit Line of
the City of Cibolo a distance of 1,757.71 feet to a point, said point being the most
Northern corner of a 143.06 acre tract listed in Guadalupe County Appraisal
District, Account No. 63802 and most Western corner of a 3.44 acre tract listed in
Guadalupe County Appraisal District, Account No. 63805;
THENCE: Leaving the Right of Way Line of Green Valley Rd. and continuing along with
the City Limit Line of the City of Cibolo and common property line of said 3.44
acre tract and 143.06 acre tract a distance of 788.98 feet to a point, said point
being the most Eastern corner of said 3.44 acre tract and a Northern corner of said
143.06 acre tract and point on the Western property line of a 50.315 acre tract
listed in Guadalupe County Appraisal District, Account No. 63768;
THENCE: Along with the City Limit Line of the City of Cibolo and common line of said
3.44 acre tract and said 5 0.3 15 acre tract a distance of 385.98 feet to a point being
the most Western Corner of said 50.315 acre tract and point on the South Right of
Way Line of Green valley Rd.
THENCE: Along with the Right of Way Line of Green Valley Rd. and the City Limit Line of
the City of Cibolo a distance of 1148.20 feet to a point, said point being the most
Northern corner of said 50.315 acre tract and most Western corner of a 9.00 acre
tract listed in Guadalupe County Appraisal District, Account No. 63791;
THENCE: Leaving the Right of Way Line of Green Valley Rd. and continuing along with
the City Limit Line of the City of Cibolo a distance of 2,998.09 feet to a point,
said point being on the North Right of Way line of Wiedner Rd.;
THENCE: Along with the Right of Way line of Wiedner Rd. and the City Limit Line of the
City of Cibolo a distance of 1,990.78 feet to a point being the most Southern
Corner of a 34.315 acre tract listed in Guadalupe County Appraisal District,
Account No. 63766 and Eastern Corner of a 2.372 acre tract listed in Guadalupe
County Appraisal District, Account No. 151659;
THENCE: Leaving the Right of Way Line of Wiedner Rd. and continuing along with the
City Limit Line of the City of Cibolo and the common line of said 34.315 acre
tract and said 2.372 acre tract a distance of 787.31 feet to a point, said point being
the most Northern corner of said 2.372 acre tract and Western corner of said
34.315 acre tract and point on the Southern property line of said 143.06 acre tract;
THENCE: Along with the City Limit Line of the City of Cibolo and Southern property line
of said 143.06 acre tract a distance of 136.14 feet to a point being the most
Western Corner of a 2.372 acre tract listed in Guadalupe County Appraisal
District, Account No. 151658;
THENCE: Along with the City Limit Line of the City of Cibolo and common property line
of said 143.06 and 2.372 acre tract a distance of 817.04 feet to a point being the
most Southern Corner of said 2.372 acre tract and point on the North Right of
Way line of Wiedner Rd.;
THENCE: Along with the North Right of Way Line of Wiedner Rd. and City Limit Line of
the City of Cibolo a distance of 2,847.06 feet to a point being the most Southern
Corner of said 143.06 acre tract, said point being at the Intersection of the North
Right of Way Line of Wiedner Rd. and East Right of Way Line of Town creek
Rd.;
THENCE: Along with the East Right of Way Line of Town Creek Rd. and the City Limit
Line of the City of Cibolo 2,273.68 a distance of 247.53 feet to a point being the
most Western Corner of said 143.06 acre tract and most Southern corner of a 1.25
acre tract listed in Guadalupe County Appraisal District, Account No. 63760;
THENCE: Along with the City Limit Line of the City of Cibolo and property line of said
143.06 acre tract a distance of 1,040.75 feet to a point being on the Northern
property line of said 143.06 acre tract, said point being the most Southern Corner
of said 53.60 acre tract;
THENCE: Along with the City Limit Line of the City of Cibolo and Western property line of
said 53.60 acre tract a distance of 1,913.64 feet to the POINT OF BEGINNING
and containing 291.13 acres of land more or less.
Field Notes for an approximate 14.12 Acre tract of land to be annexed into the City of Cibolo,
Guadalupe County, Texas;said 14.12 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"Two-B"
BEGINNING:At a point being on the City Limit line of the City of Cibolo, more specifically on
the North Right of Way line of Wiedner Rd., said point being the most Eastern
corner of a 3.017 acre tract listed in Guadalupe County Appraisal District,
Account No. 141955 and most Southern Corner of a 0.579 acre tract listed in
Guadalupe County Appraisal District,Account No. 107530;
THENCE: Along with the Right of Way Line of Wiedner Rd. and the City Limit Line of the
City of Cibolo a distance of 260.86 feet to a point, said point being the most
Southern corner of a 9.939 acre tract listed in Guadalupe County Appraisal
District, Account No. 63722 and most Eastern corner of a 1.80 acre tract listed in
Guadalupe County Appraisal District,Account No. 63745;
THENCE: Leaving the Right of Way Line of Wiedner Rd. and continuing along with the
City Limit Line of the City of Cibolo and common property line of said 1.80 acre
tract and 9.939 acre tract a distance of 571.97 feet to a point, said point being the
most Western corner of said 1.80 acre tract and a Southern corner of said 9.939
acre tract and point on the Eastern property line of a 13.18 acre tract listed in
Guadalupe County Appraisal District, Account No. 63784;
THENCE: Along with the City Limit Line of the City of Cibolo and common line of said
13.18 acre tract and said 9.939 acre tract a distance of 890.47 feet to a point being
the most Western Corner of said 9.939 acre tract and most Southern corner of a
3.50 acre tract listed in Guadalupe County Appraisal District,Account No. 63726;
THENCE: Along with the City Limit Line of the City of Cibolo a distance of 610.58 feet to a
point being the most Northern Corner of said 3.017 acre tract and most Western
corner of a 4.421 acre tract listed in Guadalupe County Appraisal District,
Account No. 63721;
THENCE: Along with the City Limit Line of the City of Cibolo and the Eastern property line
of said 3.017 acre tract a distance of 1,131.56 feet to the POINT OF BEGINNING
and containing 14.12 acres of land more or less.
Field Notes for an approximate 10.37 Acre tract of land to be annexed into the City of Cibolo,
Guadalupe County, Texas; said 10.37 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"Two-C"
BEGINNING:At a point being on the City Limit line of the City of Cibolo,more specifically
being the most Western corner of a 2.51 acre tract (Tract#1) listed in Guadalupe
County Appraisal District,Account No. 63718 and most Northern Corner of a
4.41 acre tract listed in Guadalupe County Appraisal District, Account No. 63716;
THENCE: Along with City Limit Line of the City of Cibolo a distance of 881.65 feet to a
point, said point being the most Northern corner of a 2.50 acre tract(Tract#2)
listed in Guadalupe County Appraisal District,Account No. 126714;
THENCE: Along with the City Limit Line of the City of Cibolo a distance of 503.30 feet to a
point being the most Eastern Corner of a 2.50 acre tract(Tract#4) listed in
Guadalupe County Appraisal District, Account No. 126716;
THENCE: Along with the City Limit Line of the City of Cibolo a distance of 881.76 feet to a
point being the most Southern Corner of a 2.50 acre tract (Tract#3) listed in
Guadalupe County Appraisal District, Account No. 126715;
THENCE: Along with the City Limit Line of the City of Cibolo a distance of 522.92 feet to
the POINT OF BEGINNING and containing 10.37 acres of land more or less.
Field Notes for an approximate 116.99 Acre tract of land to be annexed into the City of Cibolo,
Guadalupe County, Texas; said 116.99 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"Two-D"
BEGINNING:At a point being on the City Limit line of the City of Cibolo,more specifically on
the West Right of Way line of FM 1103, said point being the most Northern
corner of a 41.67 acre tract listed in Guadalupe County Appraisal District,
Account No. 63824;
THENCE: Along with the Right of Way Line of FM 1103 and the City Limit Line of the
City of Cibolo a distance of 1483.68 feet to a point, said point being the most
Eastern corner of a 74.70 acre tract listed in Guadalupe County Appraisal District,
Account No. 63 822;
THENCE: Along with the City Limit Line of the City of Cibolo and the Southern Property
line of said 74.70 acre tract a distance of 3,630.97 feet to a point being the most
Southern Corner of said 74.70 acre tract and most Eastern corner of a 49.13 acre
tract listed in Guadalupe County Appraisal District, Account No. 63800;
THENCE: Along with the City Limit Line of the City of Cibolo and common property line
of said 49.13 acre tract and 74.70 acre tract a distance of 2,068.72 feet to a point
being the most Western Corner of said 74.70 acre tract and most Northern corner
of said 49.13 acre tract;
THENCE: Along with the City Limit Line of the City of Cibolo and Northern property line
of said 74.70 acre tract distance of 1,118.24 feet to a point being the most Western
corner of said 41.67 acre tract;
THENCE: Along with the City Limit Line of the City of Cibolo and Northern property line
of said 41.67 acre tract distance of 2,042.57 feet to the POINT OF BEGINNING
and containing 116.99 acres of land more or less.
EXHIBIT B
ANNEXATION AREA METES & BOUNDS DESCRIPTION (Mapped)
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EXHIBIT B
2017 ANNEXATION PROGRAM
CITY OF CIBOL09 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 northernmost 33 acres along Green Valley Road, is within the water
service area of GVSUD with the remaining 414 acres of the property within the water service area of the
City of Cibolo. All of the newly annexed property is within the waste water service area of the City of
Cibolo. 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.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%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 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 '/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 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 '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
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