ORD 1084 12/10/2013 0 f C/&
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"City of Choice"
ORDINANCE NO. 10 8 4
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 5.001 ACRES, AS IDEPICTEID HEREIN AS THE
ANNEXATION AREA, LOCATED NORTH OF INTERSTATE HIGHWAY 10, SOUTH
OF BOLTON ROAD, WEST OF SANTA CLARA ROAD AND EAST OF ZUERL ROAD;
IMMEDIATELY ADJACENT TO THE EXISTING BOUNDARIES OF THE CITY OF
CIBOLO, GUAIDALUPE COUNTY, TEXAS; APPROVE% 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-rulemunicipality, 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 5.001 acres described herein into the
municipal boundaries of the City of Cibolo; and
WHEREAS, on the 12tl' day of November 2013, and the 14th day of November 2013, the City
Council of the City of Cibolo, Texas held public hearings on the proposed annexation of
approximately 5.001 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 October 27, 2013 and October 29, 2013, 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 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 5.001 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 shall-be effective from and after December 10,,2013.
PASSED AND APPROVED this, the 10'h day of
December-2013.
1
Lisa M. Jackson, ayor
ATTEST:
11 ✓ -7 -
Peggy Cimics, City Secretary
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EXHIBIT A
ANNEXATION AREA METES &POUNDS DESCPJPTION
EETTERSW®RTH&AS80QtATES,INC.
ENGMERS-SURVEYORS-6N911LTANTS
111 BAST MOUNTAIN STREET,SEGUM.IrEW 76155
20523" (830)379-5552 FAX(830)3785553
689.56$B90 33 E-Mail: bttmivrt@flosb.net
20528.0mG
May 25,2001 i4EN 1..RUMOER,P.E.&".L.S.
TRACT C
5.001 ACRE:TRACT
Being a 6.001 ACRE TRACT situated in Jose.Flores Survey,A-134, Guadalupe County,Texas,
Said 5.001 ACRE TRACT Is comprised of part of a tract called 9.979 acres in conveyance from
Thelma B. Schaefer, et vir to Read Miner recorded In Volume 1018 at Page$77 and part of a
tract called First Tract (9.979 acres) in conveyance from Thelma S. Schaefer, et vir to Read
Miner recorded in Volume 1018 at Page 371 of the Official Records of said county and being
described by metes and bounds as follows:
BEGINNING at a one-half Inch diameter rebar found bent(shot base)marking the south corner
of the tract herein described,some being the south corner of said 9,979 acre tract,lying in the
northwest line of a tract called 4.475 acres In Volume 137 at gage 200, further described as
being the east corner of Lot 7,Country Side Acres Subdivision recorded in-Volume 4 at Page 93
of the Map Records, being the east corner of a called 27.966 acre in Volume.840 at Page 110,
and lying in the northwest line of Interstate Highway No. 10;
THENCi6 wlth the southwest line of the tract herein described, same being a segment of the
common line of sold 9.979 acre tract and sold Lot 7,:N 300 WSW W,(called N 300 53'30"W—
basis-of bearing)685.85 feet to a one-half Inch diameter rebar set with cap(B&A)marking-the
west corner of the tract herein described,some being the south corner of.a 5.001 acre tract this
day surveyed by me;
THENCE with the northwest line of the tract herein described, Into said 9.979.acre tract, N 650
52' 13 E;-at 277.98 feet,a one-half inch diameter rebar set with Cap (B&A) marking the east
corner of a 5.001 acre tract this day surveyed by me and being the south corner of a 5.001 acre
tract this day surveyed by me and at 318.94 feet a one-half Inch diameter rebar set with cap
(88A)marking the north comer of the tract herein described;
THENCE with the northeast tine of the tract herein described, S 300 53'39"E,689:79 feet to a
one-half inch diameter rebar set with cap (B&A), marking the east corner of the tract herein _
described, along the common line of said 9,879 acre�.:.fract and said 4.475 acre tract, further
described as lying In!the northwest line of said interstate Highway:No. 10;
THENCE with the southeast line of the tract herein described, same being a segment of the
common line of said 9.979 acre tract and said 4.475 acre tract, along a segment of the
northwest line of said Interstate Highway.No, 10, S 66" 34' 17" W, (called S:66° 34' 31"W)
319.42 feet to the PLACE OF BEGINNING and containing 5.001 A'ES OF LAND.__._
I hereby certify the foregoing field notes represent theres e of don jb�rotund su y made
under my supervision In March 2001. e
EN L.REINI GER,-RP.L.S,26
EXHIBIT B
ANNEXATION AREA METES & BOUNDS DESCRIPTION (Mapped)
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mm OF AR}d,'W"4071. JOSE FLORES SVY.
A-134, GUADALUPEI
— ETTERSVIORTH&ASSOCIATES, INC. COUNTY,
TEXAS
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EXHIBIT C
2013 ANNEXATION PROGRAM
CI'TY 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 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
All of the newly annexed property is within the water and waste water service area of Green Valley SUD.
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 water or sanitary sewer facilities that may 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, or installed 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:Municieal 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 Y2 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 %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 1/2 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 1/2 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&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, 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 (ANNEX AREA)
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