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ORD 1045 02/12/2013 OF ci Oyu v � o ` re X P(' ORDINANCE NO. 10 4 5 PROVIDING FOR THE VOLUNTARY EXTENSION OF CIBOLO, TEXAS CITY LIMITS BY THE ANNEXATION OF TRACTS OF LAND THAT CONTAIN AN AGGREGATE AREA OF 5.714 ACRES, AS DEPICTED HEREIN AS THE ANNEXATION AREA, LOCATED NORTH AND WEST OF FM 1103 AND SOUTH AND EAST OF CIBOLO VALLEY RANCH UNIT 6A AND IMMEDIATELY ADJACENT TO THE EXISTING BOUNDARY 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 DECRIBED 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 5.714 acres described herein into the municipal boundaries of the City of Cib'olo; and WHEREAS, on the 8th day of January 2013, and the 10th day of January 2013, the City Council of the City of Cibolo, Texas held public hearings on the proposed annexation of approximately 5.714 acres, situated outside of, but immediately adjacent to the current Page 1 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 December 23, 2012 & December 25, 2012, 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 that 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 20,000 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 5.714 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 February 12, 2013. Page 2 PASSED AND APPROVED this, the 12th day of February 2013. _!Iii• . _;. 1. 'i. _/i/l i< - J, ifer H.$, an, ayor ATTEST: 13Z,7,./ .1.4, 7- ___,_ Peggy Cimics, City Secretary • Page 3 EXHIBIT A ANNEXATION AREA METES & BOUNDS DESCRIPTION Annexation Property 1 Page 4 Denham-Ramones Engineering and Associates,Inc. FIELD NOTES FOR Annexation Tract Cibolo Valley Ranch (2.590 ACRES) Being a 2.590 acre tract of land lying in the Trinidad Gamin Survey No.94,Abstract No.137, and being out of the remainder of a 155.012 acre tract recorded in Volume 556,Page 677 of the Deed Records(D.R.)of Guadalupe County,Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a found'Y2"rebar with Denham-Ramones Engineering(D-R E.)plastic cap at the westernmost corner of Lot 2,Block 6,(Greenbelt and Drainage Easement)as shown on the plat of Cibolo Valley Ranch Unit 8,recorded in Volume 7,Pages 697-700,of the Plat Records (P.R.)of Guadalupe County; THENCE N 30°15'25"W,with the current Cibolo City Limit and a southwesterly line of said 155.012 acre tract,same being a northeasterly line of the remainder of a 163.16 acre tract recorded in Volume 1714,Page 754,D.R.,pass at 414,08 feet a'/2"iron rod held for line only, and continuing on fora total distance of 419.91 feel to a point; THENCE N 59°44'35"E,with a second common line of the above described two parcels,and also being the current Cibolo City Limit,for a distance of 269.65 feet to a point on the southwest line of a 20'drainage easement shown on the Unit 8 plat described above;a found 14"rebar with D-R E.cap bears N 30°16'52"W—110.21 feet; THENCE,departing the current City Limit,and with the westerly lines of said easement for the following two(2)courses: S 30°16'52"E for a distance of 389.79 feet to a found''/2"rebar with D-R E.cap for a angle point; S 14°43'08"W for a distance of42.43 feet to a found'/"rebar with D-R E.cap for the northernmost corner of the first described Lot 2,Block 6; THENCE S 59°43'08"W,with the northwest line of Lot 2,fora distance of 239.83 feet to the POINT OF BEGINNING,and containing 2.590 acres of land,more or less. • Bearings source is the northwest line of Lot 2,Block 6,between the first and last above described monuments, called as N 59°43'08" E on the plat of Cibolo Valley Ranch Unit 3,recorded in Volume 7,Pages 697-700,of the Plat records of Guadalupe County,Texas. !Eland Projects 3ODy7n-Cibolo Valley Ran chlSurveyiAnnexntion Traci'JAE-Annexatam Tractdoc Pafls t et 2 1380 Pantheon Way,Suite 290 Ph: (210)495-3100 San Antonio,Texas 78232 Fax:(210)495-3122 Page 5 I hereby certify that this description conforms to the minimum standards set forth by the Texas Board of Professional Land Surveying according to an actual survey made on the ground by employees of"Denham-Ramones Engineering and Associates,Inc." Date: � j�1. 47 1 Ite_dif0 F 7-,R Crary 13.Neill V . R.P.L.S.43964 l GARP B. NEILL r Firm No. 10237-00 3964 F. Warning:Only those copies with the Signature and �->� D���sio�'�: O�r Seal in red should be relied upon. �'t .. Cibolo Valley Ranch—Annexation Tract Project Number: 120030.700 Annexation Property 2 Cibolo Valley Ranch Unit 8, Block 6, Lot 2, as recorded in Volume 7, Pages 697-700, of the Official Property Records to the County of Guadalupe County Recorder.The area of said lot is 3.124 acres. Page 6 EXHIBIT B ANNEXATION AREA METES & BOUNDS DESCRIPTION (Mapped) La00 0101220 2SY5/0 GOKO YAtifl w.1100 smovpY Ntll�DA 1py�diSpH'70 it. 0' .D) V. ID „ tl Y " e9 D ® n JI,) T ,A.7. .4e�..0-.I 11.___ ....... ..Y 9.J ..� _....- ._ —MEI.___-51(AY. AliaPAM CO E.wiSLy60RK is 'r, LRT Caa laszt yng 4 ®I >1 •_ ' Y 11 6 ). _gig' - =`� Pd AC E RM10a 2.590 AC.R' ,-1C cdaeac ea7e(9 :._ ANNEXATION TRACT a�a Cr 323 ,,. 1 -��i?53�31'4%Ti ola uaml... WC! L RDUNCUP mir fr.. I.°ei o iWAY / glii W' w 0 ill J I I, 1 000.0 wan.RAW:H07 �4. 1.7.1°3.` R o Y.A 0-i... I if1��t1,.�—tla 01.0C,47 cA __J . ., � % % , g War at� s .- - aG < 1 ri171 ROM_ — I ,,,..a W L".4r5 .. a37 In Pm. - AY NSIC mea nl.cnvu n.0.,mc © —........-. (VPiRC'R PALES Si3.,V TA) •,..C MIXT RAW/MOWN 3.13110A [_ +CL•1 _10010_iwCrJ_(„-1447 03,.,1 Gai,cf Kamm) .a 3. 113SdS' 4�S p0-._ LEGEND 00RUMINr A5 S-VAN. 0 CORNER O@ DENOTES A SET 1/2/RERAN/0,0 E CAPS G.E.T.1V.L. CAS.ELECTRIC,TELEPHONE&CABLE 3..K EASFAAENT 0.2.N. DM)&PLAT RECORDS OF OEXAR COUNTY,TEXAS ¢��' 'VAMP OR R. 23012231.PUBLIC R"_C0R00 OF REAL PROP0R'0-OF OCXAR COUNTY,1EXA^a IW^YAO 101 120050 ..11'3.,,03_0 S 2012 III Detharn-Reancon 3‘ . and A980C 0tf5,TRC. \ 41 C 1]00 Pen3u,n WGA Wd1a 1R0 130-3100 00\v �, e g b Sal/Ma%1.72272 ,0 440-3111 rAl �(/� w C k% F41n Peafra1W N,min'inn,0-0101 L!AAA 10013/40 ,l V I TRACT 1 & LOT 2 �(4 `G (2.590 AC. & 3.124 AC.) GRAPHIC SCALE OUT OF THE REMAINDER OF A 155.012 ACRE TRACT D(�. 120 200 RECORDED IN VOLUME 556, PACE 677, AND LOT 2 i3. T A' BLOCK 8 OUT OF CIBOLO VALLEY RANCH U8, REVISED IN (Di Pt7r„) 10114'L1d VOLUME 7, PGS. 697-700, P.R. BOTH OF 1HE DEED 1 Inch-199 IL RECORDS OF GUADALUPE COUNTY, TEXAS. Page 7 EXHIBIT B ANNEXATION AREA METES & BOUNDS DESCRIPTION (Mapped) .0.. \i \RI A.',0\i NI .,- v,1 s 1111.11-11-11 mow LD A)OOt, $C TEXAS I,VDAROCOVE!*I rc.tLTO 1'IS CSI/TRAL PKWY♦STE 1•0 SA1,4 ANTONIO.TX 1L1.SO.V • 0� r N3)lM1 321AC 4. CIWXU'.'Mall RAN* I..C.CEE T6IS ASSOCIATION 1.41: :MS SAN MIRO STE 1'R SAN ANTONIO,TN'h_`7? / 1 A1 1103 1 WEIL KD / o c4 0 '_'•!L t-- c.--,I- CG.,OI.O 1F .1\ . :,, •••• „ •I SRLIARV t%77117 A-)1♦ NGI\I IRE M; r/ :r., ..... -_ '!r= Page 8 EXHIBIT C 2013 ANNEXATION PROGRAM CITY OF CIBOLO, TEXAS SERVICE PLAN FOR FEBRUARY 12, 2013 ANNEXATION 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 properties are within the waste water service area of the City of Cibolo. Water/wastewater facilities owned or maintained by the City of Cibolo at the time of the proposed annexation shall continue to be maintained by Cibolo. All water/wastewater facilities which may be acquired subsequent to the annexation of the proposed areas shall be maintained by the City of Cibolo. The presently existing water/wastewater mains at existing locations shall be available for the point of use extension based upon the City of Cibolo standard extension policies now existing or as may be amended. On-site sewerage systems may be maintained in accordance with the City of Cibolo Code of Ordinances and Unified Development Code. 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 Page 9 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 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 %YEARS 1. Police and Fire Protection and Solid Waste Collection The City of Cibolo, Texas, fmds 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. 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. Page 10 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 'A 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, 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. Page 11 EXHIBIT D UPDATED CITY LIMITS/ETJ MAP CITY OF CIBOLO, TEXAS tr — — 3, /J-/ .1 ,.. 1 ..--,- ,,'°‘4.1-.1" L .., '-- -- 4/ i f--1------1-----7. I, --, jr-T--T .'‘.111. -ell! ___,..0 iff":--_ ig ill —— .;.—.. —'.1 __i_ • —16-711 ..!:1 -,c,-,i111 . ----- — • ,Al- 1-- ...iilL I 0 .,,,,v_j__ _ ii .-irty:. ‘ i,ii lit 1 .2,'.r ill I 1—, -1 - s • 1 ....., �I A a r_i_ -_-:7- -id._, . 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