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ORD 1083 12/10/2013 ��11\IIIIIO �v O/ \ `\\ '' V _0 41 T x >�S "City of Choice" ORDINANCE NO-. 10 8 3 PROVIDING FOR THE VOLUNTARY EXTENSION OF THE CIBOLO,_TEXAS CITE' LIMITS BY THE ANNEXATION OF A TRACT OVLAND THAT CONTAINS AN AREA OF APPROXIMATELY 21.303 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, GUAIDALUPE COUNTY, TEXAS; APPROVING A SERVICE ]PLAN FOR SUCH AREA TO BE ANNEXED; ANIS AMENDING THE OFFICIAL, CITY LI IITS/ETJ MAP OF THE CITE' OF CIBOLO TO REFLECT THE VOLUNTARY ANNEXATION OF THE PROPERTIES.DESCRIFEID 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 fiom 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 21.303 acres described herein into the municipal boundaries of the City of Cibolo; and WHEREAS, on the 12th 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 21.303 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 CITE' COUNCIL OF THE CITE'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 21.303 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 isattached 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. SECTION 5. 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 10th day of December 2013. Lisa M. Jackson, Mayor ATTEST: o g Peggy Cimics, City Secretary EXHIBIT A ANNEXATION AREA METES & BOUNDS DESCRIPTION BEING A 2:1.301 ACRE TPACT OF LAND OUT OF THE JAMES W. GRAY SURVEY NO. 255, ABSTRACT NO. 144, OUT OF THE REMAONING PORTION OF A 75.83.9.ACRE TRACT AS DESCRIBED IN DEED RECORDED 9N VOLUME 970, PAGE 327-330, OFFICIAL PUBLIC RECORDS.,GUADALUPE COUNTY,TEXAS,AND BERNG A PO TOOK OF A CALLED-33.501 ACRES AS DF;SCPJBFD im D-EED RECOill)ED ON VOLUME 2538, PAGE 672,OFFICIAL PUBLIC RECORDS, GUADALUPE COUNTY,TEXAS. SAID 21.303 ACRES SEINE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 112" IRON ROD IFOUNID ON THE NOITT'HEASTERLY RIGHT-CF-WAY LINE OF F.M. HIGHWAY MARKING THE MOST SOUTHERLY CORNER OF SAID 75.835 ACRE TRACT; THENCE NORTH 59 DEGREES 49 MINUTES 06 SECONDS EAST 110739 FEET TO THE POINT OF BEGINNING; THENCE NORTH 30 DEGREES 35 MIN UTES.25 SECONDS WEST 26.48 FEET TO A 11211 IRON ROD SET WITH CAP MARKED"RPLS 6678'; THENCE NORTH 59 DEGREES 28 MIN UTES 34 SECONDS EAST 70.45 FEET TO A 1/2" IRON ROD SET WITH CAP MARKED-RPLS 5678'; THENCE NORTH 39 DEGREES OU MINUTES 46SECONDS EAST 131.35 FEET TO A 1/2" IRON ROD SET WITH CAP MARKED"RPLS 5578", THENCE NORTH 64 DEGREES 13 MINUTES 65 SECONDS WEST 115.-61FEET TOA 112"IRON ROD FOUND FORA COMMON CORNER WITH WHISPER MEADOWS AT NORTHCLIFFE 11 SUBDIVISION UNIT 3.-AS RECORDED IN VOLUME 6, PAGES 767-7138, PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; THENCE NORTH 5o DEGREES 43 MIN UTES 44 SECON Ds r=AST 2(082.46 FEET ALONG THE SOUTHEASTERLY LINE OF SAID WHISPER MEADOWS AT NORTHCLI FFE u SUBDIVISION UNIT 8 AN D AN ADJACENT WHISPER MEADOWS AT NORTHCLIFFE II su BDIVISI Ohl UNIT 4,AS RECORDED I N VOLUME 7, PAGE 62, PLAT RECORDS;AN 8.334 ACRE TRACT,VOLUME 2060,PAGE 325, OFFICIAL PUBLIG RECORDS AND A 6 ACRE TRACT,VOLUME 361, PAGE 81, DEED RECORDS, GUADALUPE COUNTY, TEXAS; THENCE NORTH 50 DEGREES-431 MINUTES 0-i SECONDS EAST 406.88 FEET ALONG THE SOUTHEASTERLY LINE OF A 13.198 ACRE TRACT AS DESCRI HED IN DEP-D RECORDED IN VOLUME 2295, PAGE:265,OFFICIAL PUBLIC RECORDS, GUADALUPE COUNTY,TEXAS TO A 1/2" IRON ROD FOUNID MARKING THE MOST NORTHERLY CORNER OF THIS TRACT; THENCE SOUTH 30 DEGREES 51 MINUTES 54 SECONDS EAST 572-95.FEET TO A 112' IRON ROD SET WITH CAP MARKED"RPLS 5878"" MARKING THE MOST EASTERLY CORNIER OF THIS TRACT; THENCE SOUTH 59 DEGREES 49 MINUTES 06 SECONDS WEST 1992.67 FEETTO A 1/211 IRON ROD FOUND; THENCE SOUTH 69 DEGREES 49 MINUTES 016 SECONDS WEST 624.15 FEET TOTHE POINT OF BEGINNING AND CONTAINING 21.303 ACRES OF LAND. LEGEND . (14 VMM ® r _>:r s'r•r a" / 5'i1R1'EY OF: PQM 1 � 1 lel=l�llHN�•_�%Ilr��n.w V�.::::.:���w::,�'^.�'�,:.�,. Sif7aAMTOrS CERTMCATION n•nA�.m fwum�•iweenyn n,.lrnWn4 `n ry"�! _ t.. Y --w tW "ANNEXATION M113lT" NOTES JO}r19J15i!til oPIYO,NC EXHIBIT C 2013 ANNEXATION PROGRAM CI'T'Y OF CIB®L®, 'TEXAS ° ® I D I I IM '11M I 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. I 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 areas of the City of Schertz. The City of Schertz does not own or maintain water or waste water facilities in the annexation area at the time of the proposed annexation. Any existing City of Schertz facilities that may be present in the annexation area shall continue to be maintained by the 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. In the event that the City of Schertz cedes that portion of their water and sanitary sewer CCN's covering the annexation area, the City of Cibolo agrees to immediately expand its water and sanitary sewer CCN's to provide service to this annexation area. 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 ariy-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 fmds 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 '/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. WaterMlastewater 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 dateof 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 FacilitV, 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 Cibblo, Texas, finds and determinesthat 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 hi 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 fora 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 (ANNEXATION AREA) CITY OF CIBOLO, TEXAS 4 IEl I C l,lJ�lflflflf ' � - �'t MiNFYA,I k7Y^1 1 .21 ACS I I I EEN VALLE ` KD I AtNINATTO\0. l .} � o_-�unTxia.oia �a ,a r WE OLT ' ■,,r�` . - � f l! it �i' `_ 'fir, OHM m U �V ,_ mom Mill was �I �,• �:.1�'�%��d: 1� .fir ����.. �I�i1!