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ORD 1145 12/15/2015 o IF �. 8110 T � XPr' 1145 ORDINANCE No. PROVIDING FOR THE DISANNEXATION OF APPROXIMATELY 25.15 ACRES FROM THE CITY LIMITS (SOUTH OF FM 78 AND SOUTHEAST OF SANTA CLARA CREEK); PROVIDING FOR NON-SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, Texas Local Government Code Section 43.142 provides that a home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by Chapter 43; and WHEREAS; Section 1.04 of the City Charter provides that the City may disannex territory by ordinance after a public hearing; and WHEREAS, the owner of certain territory within the City's Corporate limits has petitioned City Council to disannex the territory; and WHEREAS, the petitioner acknowledges, and City Council finds, that during the time that the territory has been located within the City's Corporate Limits the amount of property taxes collected by the City was roughly proportional to the amount of money the City spent for the direct benefit of the area during that period; and, therefore, the City shall not be required to refund any taxes or fees to the petitioner; and WHEREAS, the petitioner acknowledges, and City Council finds, that the petition does not allege that the City Council failed or refused to provide services or to cause services to be provided within the territory with a period required by statute or specified in a service plan prepared for the territory; and, therefore, the disannexation does not fall under the purview of Texas Local Government Code Section 43.141; and WHEREAS, the petitioner acknowledges, and City Council finds, that the territory to be disannexed does not include the disannexation of a road or highway; and WHEREAS, before City Council shall take action on this Ordinance a hearing was held on December 15, 2015, to allow members of the public give testimony and express opinions as to the merits of the disannexation. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS THAT: SECTION 1. The above findings are hereby incorporated for all purposes as if each word was set out herein and the petition for disannexation attached hereto as Exhibits "A" and "B",is hereby incorporated for all purposes as if it were set out fully herein. SECTION 2. As of the effective date of this Ordinance, the land and territory described in Exhibits "A" and "B", is hereby disannexed from the corporate limits of the City of Cibolo, Texas, and said territory as described shall hereafter be removed from the the boundary limits of said City, and the present boundary limits of said City are altered and amended so as to remove the territory from the corporate limits of the City of Cibolo, Texas. The City of Cibolo City Limits/ETJ Map is subsequently amended to subtract the property described in Exhibits "A" and "B" and is revised as depicted in Exhibit"C". SECTION 3. As of the effective date of this Ordinance, the land and territory so described and so amended shall no longer be part of the City of Cibolo, Texas and the land and territory shall no longer bear any of the taxes levied by the City of Cibolo, Texas and the future inhabitants thereof shall no longer be entitled to any rights or privileges as citizens; nor shall they be bound by the acts, ordinances, resolutions, and regulations of the City of Cibolo, Texas, as such shall be limited in application to the citizens and corporate limits of said City. SECTION 4. This Ordinance is not severable. SECTION 5. This ordinance shall be effective immediately from and after passage. PASSED AND APPROVED this %,S ah day of c r---Jr;2015. MAYOR C% Allen Dunn ATTEST: APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY Peggy Cimics DNRBH&Z P.C. EXHIBIT "A" PETITION FOR DISANNEXATION PETITION RE,QUESTING DiSAil NE XATION TO: THE MAYOR AND CITYCOUNCIL OF THE CITY OF CI.BOLO,TEXAS'. The undersigned owner(s) of the hereinafter desd dhod traaet of land (the "Land") hereby petitions this honorable body to dlisannex from the 0(yof Ubolo such Land. The Land that is the subject of this petition is more particularly described as follows., Field Nates for a 25.15 acre tract of land] out of the J.N.Cortinas original survey,and Wag the north portion of that 70 Acres tract which was conveyed by J.R.Cielendd and Mary.lane Cleleneki to Stanley Edaa and Cielenel€i by Decd of[lift dated January 01,1993 and reeor ded in Volume 1822;Page 0369,4f the Gaaadalupe County Decd Reeordl,Guadalupe County, Texas, BEGINNING In.the center of Santa Clara Crcck� an iron shake set for the North corner of the 70 acres of land conveyed to Stooley Edmund+Cieleneldi by Deed of Craft dated January 6"',1993,recorded in the Guadalupe County Deed Records,Volume 1022 pages 0360-0371. THE,NCE S 310 581091*K 1799.51 fttt to a corner of the herein degeribed 25.15 acre tract; THU,NCE N 621120158"W 406.83 feet to the E,asst corner of the herein described 25.15 acre tract; TUENCE S' 1'0 13158"E 1009.57 feast to the South corner of(lie hercin descrIbed 25.15 acre tract; TIWI NCE with acurve to the right 1572.88 feet to the Soutinvest corner of the herein dvwra°ibed 25,15 acre tract,said curve having a radius of 4225.58 ftot,an in tcrior angle of 211 1913811 and a chard longus of 1563.82 feet; THENCE N 31°48'd4'11086.79 feet to the:center of the Santa Clara Greek and the NAV earner of the herein deseribedl 25..25 acre tract; THENCE in a northeastern direction with the center of said creels to the plate of beginning containing 25.15 acres of land$more or less. Further,we certify to the following- 1) That during of time that the Land has been located within the CltyN Corporate Limits the aaanount of property taxooq collected] by the City was roughly proportional to the amount of money the City spent .for the direct benefit of the aaroo (lw ing that period; and, thet,efore, the City shall not be required to refund any taxes or fees to the;petitioner;and 2) `hnt the petition(s) does (do) not allege that the City Council failed or refused to provitle seraiea or to cause:services to'be provided within a period rewired by statute or specified in a services plan prepa3rctl for the Land,and, therefore, that alisannexation does not fall under the purvietiv of Texas Local Coverai`ment Cade Section 43.141; and 3) That the: petitioner nelmowledges, and, City Council finals, that the territory to be disannexed does iaot include the dlsannexxilon of sa maid or highway; and 4) That this Petition is signed and (July acknowledged by each and eveay person or on behalf of each and every eeilmration having atn ownership interest in the band. Pursuant to the forgoing, the undersigned respectfully request City Comieil to place this request on the first available agenda, and after deliberation approve an ordinance disannexing the Land. 1 Signed. Signed; STATE OF TEXAS COUNTY OF GUADALUPE, Before 'tae, the undersigned authority, on ibis day personally appeared R e ncWt , ltatatwn to nit to be the person(s) Whose name(&) are subscribed to the foregoing, fustruntent and .each aactmowtedged to me that he/she executer/ the sante for the purposes and consirleratiou therein expressed. Given under my ltaand and seal of office,this da, y of �' 1 ,2016 KAi{E REt,7i: RE4t5 /Notary Public,State of Texaco Notary('nave.state 01 Taxes hey comunjission expires:, J7,311:1 — �, ion Expiceb g STATE ON TEXAS COUNTY Or OUADALUPE Before mg, the undersigned authority, on this day personally appeared p-y%dt &4 _ S _ , known to me to be the person(s) W'huse name(s) are subscribed to the Rearing instrument and each acknowledged to me that helsbc, exceuted the satne for the purpoNes and tonsideration therein expressed. Given under my hand and seal of offio ,this?Any of b�K 2015 ►taty.Public,State of Texas HAItE9tCNC CREYA3 Mycommission exp1res: Nnt�ry {a Pulrl�,State o1 Texas R 3, My Carnmisa4an Cxptres �',a n� QC�G�01 X3.2817 EXHIBIT `B"DISANNEXATION MAP 61885 61830 d aimo � 6�3 � i GJ3J 61852 151258 Feet 61840 V 876 EXHIBIT "C" UPDATED CITY OF CIBOLO CITY LIMITS/ETJ MAP �� - �.�.,�I� Ii�lc .. ...•:--.�_1. n�� `.` � _ �� —� � .„est ?„ �"II��i7.:�r�.-,... �='i•• �. 1 I ■I-~% Ali 3 r..l -t f1; j'!f-. {! 1 i I,� iffin IMF sU mot . 1111 _ � IN . l�:�II 111��'._1�G� ��"'�'e��`.�I�-7 �....>� 1 r ■ , 3 r ■} 711111111111nuu ::IL... ! _/�I ,-.�.,��:,�,�,,�/ I: •: IST�• .��.` � __�� ill -��,�_ .■`' ��,q��_�,7� '1��ri,q �•�-3�iYL11�1,�"�'�;,�=.1��i�� i •�� . � I`� `` ;;��TII :Jia 41' LT'u®+1��a �• 1 1' !-;;�� „��!� ,•.�•< _ _ 3. � -I =_ IIIIIIIIIIIIII�� •J. e ��tt ;�� }i�.� r i"`—.n}1r�•�= 1�.��■ • . � �I 1 I •1111 ii � , 3 ,. � ��IIm1.... �� tir-�io■�un�i��ISiI��yill��l�=_,J►�,%,-�► �•_��l:. 7:17:7nunnm '7�-�'ll�If.��11�J „��I�/`� ��y■ 7J', `�.� tea:.u�� •.:.w-.�.. �/ x•71►�1['�� -�■�� .1:11111111111. � �i�.:r:a. • � r; 1 r ■lel � �- 1' �9''��II�I 'It� � — �1■ �r . � .- m MA Lon —319 plo-Fl, IM IRWIN IMAMMM VICKREY&ASSOCIATES,INC. \ CONSULTDiG ENGINEERS