ORD 1091 04/08/2014 y OF c./�
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"City of Choice"
ORDINANCE NO. 1091
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 1.162 ACRES, AS DEPICTED HEREIN AS THE
ANNEXATION AREA, LOCATED NORTH OF THE DEVELOPMENTS KNOWN AS
MESA AT TURNING STONE AND LANDMARK POINTE, EAST OF FM 1103;
IMMEDIATELY ADJACENT TO THE EXISTING BOUNDARIES OF THE CITY OF
CIBOLO, GUADALUPE COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR
SUCH AREA TO BE ANNEXED; APPLYING A TEMPORARY ZONING
CLASSIFICATION OF AGRICULTURAL; 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 1.162 acres described herein into the
municipal boundaries of the City of Cibolo; and
WHEREAS, on the 11th day of March 2014, and the 13th day of March 2014,the City Council of
the City of Cibolo, Texas held public hearings on the proposed annexation of approximately
1.162 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 February 23, 2014 and February 25, 2014, 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 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 24,000
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 1.162 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 updated City Limits/ETJ Detail Map (Annexation Area) of the City of Cibolo
shall be amended, as depicted in Exhibit "D", as attached hereto, to reflect the annexation of the
subject property as depicted in `D'. The updated official City Limits/ETJ Map (Overall) of the
City of Cibolo is attached hereto and incorporated herein as Exhibit `E'.
SECTION 5. That the property described herein is temporarily zoned agricultural until such
time as permanent zoning is applied.
SECTION 6. This ordinance shall be effective from and after April 8,2014.
SECTI®N 7. It is the express intent of the City, in annexing this property, to not to overlap or
provide any gap between the jurisdictional boundary lines with the abutting municipality.
PASSED AND APPROVED this,the 8'h day of April 2014.
Lisa M. Jackson, ayor
ATTEST:
Peggy Cimics, City Secretary
EXHIBIT A
ANNEXATION AREA METES &BOUNDS DESCRIPTION
PAPE-DAWSON
ENGINEERS
LAND HVILOPIVIENT :111VIRGHMENTAL TRANS FIRTATI 6 9 WATER RESGIJII.91a UNWHING
FfELD NOTES
FOR
ZONING
A 1,162 Arm, more or Jess, tract of 33-ndout of that called 3125.8 ae-re tract described in deed tv
Robert N. Catalano. and Vvife Donna Cntalaa,�, recor&(j III Volume 1224, 01agips 864.967 of thc
Official Public Recoixls of C-hiadalupe County,Tcxas. out of the Jarrics W�Gray SUNCYN'o.155,
Akstract 944 of(hind aitapu County,Texas. Said IsI62 acres being in Guailalupe.County,Tcxas.
Said 1.162 acre met heing more fully described as fbl1oNv.%:, wit.h buntings 1tasixt wA the'l7exas
Coordina }'stain ustubli%bcd [farffiC Sotttjj
'entail Zonefjj�jjn the Korth American DatUm of
19,93 NAD 'R3 .KA201 1) epoch 2010.00;
COMMENCING:At a set'4"iron rod with yellow cap tnarkcd ilPapo-Daws(W'at the s-authwest
comer o r sakl 33,25,S acre tract,qnthe cast tight-of-way line of F.M. 1103,an SO-
fbotright-of-way at this poini,al,tho notch,ov cjI comer o f a 34.18()-acre remaindcr
ftflat dew ibed in deed to HLH Development accorded 5n.N"ohlinc 2349,Pages
260-262 of th�Official Niblia,RL:cords ofGuadalupe County,Texas,from--arbich
at4undl,, :ixan rod bears S 43'44'05"W,a distanceof 1.53 fcet,unit also a
found 16"iron rud at the soughwest comer of said renidind&tract,and the
northwest cosier of,01.66 acre.Tract dcwribcd in dcW to the Blanton.f-'ainily
Limite-d varinerskip recorded in Volume 3167,Pages 431-487 of the Official
Public Records ofuadahtpo[owily,Tamos-besrq S 29"59'44-H,a distanwu:of
20.00 feet:
THEM CH! N 5W'49035" E,with the Hanc of said 35.258-acre,taic(, gdisWwceof 379.11 fbetto
as 1bund 14"jou rod.it the southeast comer of a called adiacent 4.58 avrus iind also
at the 11,1Gq south soLjtjjw(.-.st c(jrlwr or28,-110 acres hp0b desedbed in deed
recorded fi]Volume()85, Pages 1,03-106 of the Official Public;Rccords of
Ciijadalupo County,Texas;
TTIENICE; N 5992144"[3,with the line of said 35.258 d-CrC 1.1'aCt,1 distance of 12;'.601'+-:t to-
the POINT OF BEG Mit I for this descripflon.
TI ENCS: N 30PA211-71'W, over and avrosg said 35,258 acee tract adisvince of 48Oi58 feet
to ,, found 1,14" iron rod at the ang[c point on the west Env of as dran) Imement
ustablishud in the,,Whispor Meadows at Northcliffe I(S_ubdivision Unit 3 Tccord(.-.d
in Volume 6 Pages 767.768 of Plat Records of Gvadahtpt<Cvtxnty�Texas;
Page I of 7, 2013
SAO ANTONIO / AHITIH E'q.51 Rarnricy San Antc-niri,01TY ORCIBOLO
HIUSION I FORT WdRTH veww'fiat)u-Jaw-10 it,vain
1.162 Acro Zoning Tnict
Job No.3304-00
Pap 2 of 2'
THENCE S 55"'4554"E, wilft the Nm5t litte of said dramin ease-ment. establishvAl in .the
Whisper Meadows at Nordich ffic, 11 Vnit I. a distaneo of 360,24 ft-el to a faund
iron rud xvi th cap stoked"Outel hei the iouthwest comer of said drain easenicrit
established in,the Whisper Mudows at Northcliffe II&6diviskiii Unit.3.a cort-ter
ilf the m1bre=ntioned 34.189 ocilI e remaimler t ra
et;
THEi\TCE. S 53`56'.19"E, Villi the Ihic of said 35,258 acre tract-, a.dislance of I B.19 feet to
a set iron rod with yeflow cap marked"Nip c-Damium"
THENCH8 317"499)"W, with the Jim of said 35.2'58 aore,twul,n distatwo of 13[,64 feet to
ii set iron ro(l with yellow cap gnarked 61"ape-Davvq0ti";
T %,�'%W i Iril f Ilf
HENCE� 59
S 1112'441.1 k�line
ofsaid 35-258 acre tract,adisfimee of 77.72 fect to
the POI,IT OFBEGONNINMG. ,inn ebbMinijig 1,162 ;=aes in Guadalupe C(Punty,
'This document was prepued under 22TAC663.21, does not ruflmt flip, results of on. oll The
g.mttnd survoy,and is not uw- d to convey or establish interests,in real property except diose;rights
and interests implied or established by the crcatioh ar-ruconfigiamtion of (lie boundary of ilia
pulitical subdiviskin, ror w1lich it was prepared."
PRE PAR ET)13 V Parx-a-Da-w4on EriginceN.,Ine. ------
&VU Oernher 23,2013
JOB N(), �304-00
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EXHIBIT B
ANNEXATION AREA METES &BOUNDS DESCRIPTION (Mapped)
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VESI'TIPTION.
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CENIPAL 703E M.0061 THE HOPP Y+��ERtGAtd O�tU�a
OF 1999 NFD&3 ltd 20j 11 EPCiC3i X010.00. �- ,r��+ g
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ZONENO A 1J62 NC1RE,MORE, LESS.TRACT OF LAVED OUT OF"F11 4T'C.'fLIXT]3a.Z53 ACME IRAV-1'
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P.W SM MAP GM:%.IrJ TEXAS. SAID 1.162 ACRES EDGING IN GUADALU'PE ,CO N'FY, Tir;xAS.
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ENGINEERS LY EPI lfw=R1t3HTS AND INTERESTS IrAPL IED 02 ESTABI]SHED BY
Tilf CREATION 02 RECONFIGUIZA110H OF Tti_DOUNOARY OF THE uPO_IfICAL S'ifBOWWON FOR �1'H.CH tT WAS P'REPA.RED' _
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:TQ@ER 23. 201.3 JOB No,: 8304-00
FXIFHBIT C
2014 ANNEXATION PROGRAM
CITY OF CIBOL09 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 lever 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 contractto 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 waste water service areas of the City of Schertz.
The City of Cibolo does not own or maintain water or waste water facilities in the annexation area at the
time of the proposed annexation.Any existing GVSUD and/or City of Schertz facilities that may happen to
be present in the annexation area:shall continue to be maintained by GVSUD and/or City of Schertz. 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. .
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 theownership of.the
homeowners association and as such maintained by the association.
7. Maintenance of any Paiblicly 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 fords 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 '% 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%i 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 costs
will exceed the cost.of replacement,the property owner shall be required to connect to the sewer system.
SPECIFIC FINDINGS
The City of Cibolo,Texas,fifids and determines that this proposed service flan 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 DETAIL MAP (ANNEXATION AREA)
CITY OF CIBOLO, TEXAS
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