ORD 1194 01/10/2017 10F C
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ORDINANCE NO. 1 1 a q
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 7 ACRES, AS DEPICTED HEREIN AS THE
ANNEXATION AREA 4, GENERALLY LOCATED EAST OF FM 1103 AND NORTH
ALONG WEIL 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,the owner of the said properties, of his own free will and accord, did voluntarily request that
the City of Cibolo incorporate the approximate 7 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 13th day of December 2016, and the 14'day of December 2016, respectively,
each on the proposed annexation of approximately 7 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 7 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 101 day of Jamiga,2017.
Allen Dunn, Mayor
ATTEST:
Peggy Cimics, City Secretary
EXHIBIT A
ANNEXATION AREA METES & BOUNDS DESCRIPTION
Area"Four"
DA UTER
LAND SURVEYIN6d-------
METES AND BOUNDS DESCRIPTION
FOR A
7.377 ACRE TRACT OF LAND
"ZONMIG"
Being 7.377 acres of land situated in the Sexto Dominguez Survey No. 152,Abstract 10,Guadalupe Couuty,
Texas and consisting of a 1.71 acre tract of land recorded in Volume 4159,Page 1022 of the Off=icial Public
Records of Guadalupe County,Texas,a 0.517 acre tract of land as recorded in Volume 4159,Pagc 1424 of the
Official Public Records of Guadalupe County,Texas,and a 5.15 acre tract of land as recorded in Volurrie 4159,
Page 1020 of the Official Public records of Guadalupe County,Texas,and said 7.377 acre tract of land being
more particularly described as follows:
BEGIIgNING at a point in the Northwesterly line of Neil Road,being the Southerly coater of a 5.8 acre tract of
land as conveyed to Clarence Seileveau,and recorded is Volume 544,Page 44,of the Official Public Records
of Guadalupe County,Texas,being the Easterly corner of said 1.71 acre tract,and being the Easterly corner of
this herein described 7.3 77 acre tract of land;
I'hence with decd calls,along the Northwesterly line of Weil Road,S 600 09'00"W a distance of 150.00 feet to
a point for the Southerly corner of said 1.71 acre tract,being the Easterly corner of said 0.51 acre tract of land,
and a oorner in the Southeasterly line of this herein described 7.377 acre tract of land;
Thence continuing with the Northwesterly line of Weil Road,S 601 56'56"W a distance of 150.00 feet to a
point for the Southerly corner of said 031 acre tract,being the Southeasterly comer of said 5.15 acre tract,and
being a curvier along the Southeasterly line of this herein described 7377 acre tract of land;
Thence continuiDg along the Northwesterly line of Well Road,S 60°00'W a distance of 357.25 feet to a point
for flee Easterly comer of a 4.92 acre tract of land conveyed to Thomas Group,as recorded in Volume 1178,
Page 244,of the Official Public Records of Guadalupe County,Texas,being the Southerly corner of said 5.15
acre tract of land,and being the Southerly comer of this herein described 7.377 acre tract of land;
Thence departing the Northwesterly line of Weil Road,with the Northeasterly line of said 4.92 acre tract,
N 2711 54'03"W a distance of 496.99 feet to a point in the Southeasterly line of a 5,075 acre tract conveyed to
Jessica Silveyra,as recorded in DocumentNo.2014018710,of the Oficial Public Records of Guadalupe
County,Texas,being the Northerly corner of said 4.92 acre tract,tieing,the Westerly comer of said 5.15 acre
tract,and the Westerly corner of this herein described 7.377 acre tract of land;
Thence with the Southeasterly line of said 6.075 acre tract,N 6011 00'E a distance of 486.61 feet to a point for
the Easterly corner of said 6.075 acre tract,being a Southerly corner of Cibolo Vistas Phase 1,as recorded in
Volume 7,Pages 308.309,of the leap and Plat Records,Cmadalupe County,Testas,being the Northerly comer
of said 5.15 acre tract,being the Westerly corner of saidl.71 acre tract;and tieing in the Northwesterly line of
this herein descn`bed 7.377 acre tract of land;
Thence along the Southeasterly line of said Cibolo Vistas,Phase 1,N 60°04'E a distance of 154.00 feet to a
point for the Westerly corner of said 5.8 acre tract,being the Northerly comer of said 1.71 acre tract,and being
the Northerly comer of this herein described 7.377 acre tract of land;
Thence along the Southwesterly Iine of said 5.8 acre tract,S 3011 13'E a distance of 496.72 feet to the Point of
Beginning and contain this herein described 7.377 acre tract of land;
"Thus document was prepared under 22 TAC §663.21,does not reflect the results of an on the ground survey,
and is not to be used to convey or establish intcrests.in real property except those rights and interests implied or
established by the creation or reconfiguration ofthe boundary ofthe political subdivision for which it was
prepared-"
Bearings based on recorded deed information located in the official Public Records of Guadalupe County,
Texas.
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Drew A.Mawyer 'Sfs � -
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Registered Professional Land SurveyorNo.5348 o,:Q- <
TBPLS Firm Registration#10191500, .............
DRF-Wk I-AA fYER
132 Caddell,New Braunfels,TX 78130 ..'�. . •"�...
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EXHIBIT B
ANNEXATION AREA METES & BOUNDS DESCRIPTION (Mapped)
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EXHIBIT C
2017 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 Emersency 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 service area of Green Valley SUD and the waste
water service area of the City of Cibolo. The City of Cibolo does not own or maintain water facilities in the
annexation area at the time of the proposed annexation. The City of Cibolo does own and maintain waste
water 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 '/z 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 '/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 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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OVERALL ANNEXATION NAP
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