ORD 1072 10/07/2013 puf ,.uC„9n
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"City of_Choice”
ORDINANCE NO. 10 72
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 119.5239 ACRES, AS DEPICTED HEREIN AS
THE ANNEXATION AREA, LOCATED EAST OF TUE DEVELOPMENT KNOWN
AS SADDLE CREEK RANCH, SOUTH OF THE DEVELOPMENT KNOWN AS
HEIGHTS OF CIBOLO AND NORTH OF COY LANE AND A PRIVATE ACCESS
EASEMENT THAT EXTENDS TO THE EAST FROM THE TERMINUS OF COY
LANE AND IMMEDIATELY ADJACENT TO THE. EXISTING BOUNDARIES 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 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
lawrequirement 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 arelocated on each tract and are,therefore,
exempted from the above-described annexation plan requirement; and
Page 1
WHEREAS, the owner of the said properties, of his own free will and accord, did voluntarily
request that the City of Cibolo incorporate approximately 119.5239 acres described herein
into the municipal boundaries of the City of Cibolo; and
WHEREAS, on the 10th day of September 2013, and the 12th day of September 2013,.the City
Council of the City of Cibolo, Texas held public hearings on the proposed annexation of
approximately 119.5239 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 August-25, 2013 & August 27, 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 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 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 thepresent 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 119.5239 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'.
Page 2
I
SECTION 4. This ordinance shall be effective from and after October 7, 2013.
PASSED AND APPROVED this,the 7th day of October 2013.
..iamikU#.:01Afit
Je fer Hartman, Mayor
ATTEST:
Peggy Cimics, City Secretary
,nM
Page 3
EXHIBIT A
ANNEXATION AREA METES & BOUNDS DESCRIPTION
Barrera Land Surveying
7715 Mainland Drive,Suite 114
San Antonio:.1e:vas78250
-12.10)-444—,-9023
4210i444;9479(tlo)
STATE OF TEXAS,
COGN'TY-',01:7-i3EXA1
LEGAL DESCRIPlION
Far
119.5239-Acre Tract
HELD NOTES.deSeribirar 6.11-9.5239-zere tract of land.--being Ont.cif-and part-of.a 119.539.acre.
tract of land as dLscnbed in-dec,d secorded.in Volutne-1504. Pace-513. af the Official Public
Rcar-dcif Otiadiiltifie-CoantY.TeX*, :Said 119.5239 acre tract of land,being-more:partietitaily
described as follows::
11:1EG INNING: Ata.found 1/27 steel rod on the--eaSitdener of Saddle Creek Subdivision
Unit 1;Volume 7:Pages-759;760,Map and'Phit Recorls:Guadalupe,
944t)-.Teras.for the TsouthweSt Comer Of this ligrein d-eS-eribed tract;
, .
'THENCE: N 30'48713,.-W.-alona-the west boundary line of said 119.539,6creAracta,
distance of 3243:0 feet to .found 1/.2"steel rod on the south'boundary
mc ol The:Heights Of Cibolo'SubdiviSiaii,Unit-I,Volume 7.Pages1176-
1M Map and Pint Regards,. Croatia:lupe Count1. TexaS. and for-the
itorthi-veSt Carrier of this:herein described tract!,
'THENCE: N .59?5,31 3".4.alone--iith the norilt.baundar line of said.119.539..dere
tract a distance,of 1455.76,.feet to.a fotindlo..."steel rod on the northeast
corner.of this-herein described tract:
THENCE: S'3604'00" E.•illotig,the,-cast boundary line,of Said 119;539 acre.tract a
distance of 1521.64 feet to A,faund 1/22',Steel,rod onth-cgastboundary line
ofSaid;119.539 acre tract fora corner of this herein.deictibedtract;
THENCE': N-59'Ci547" radjtaneøf219.9O feet to a fOuild 1/27-Steel rad on the
east bOUndary-line of said'119.539 acre tract for 0.corner or this herein
described:traet:.
TI{ECE S...30604.',08 E.along the east boundary line of said 119.539-acre tract A
distance.-of 1339.37-feet no a set 1/2"steel rod With'a Cap-marked RPLS
5286lbr co-Mar-of-this herein dsotibeil tract;
THENCE:, N 39F2T00"E.a distance of 409.83.feet iOurid 172"Steel rod fOr-'a
. ,
c-orner of:this-herein bleScribed tiiict:
THENCE: S 30513•007-E4,-ir,distarice of 402;73 1ci- o ti found l/2"Steel:Md.-On,tha
- _ •
Southeast,Corner of said it 9.539 acre tract and tor-a eorneror this herein
described tritet:
THENCE: S 6016 t6' along.the south boundary ling of said 1.19.539 acre tract a
diStaneg tif 2044.86 tO.the-POST'OF-BEGIN$.1N -.
.
.Containi' ru, 119.5239 Acres of land-(5a06:;462,SQET.) more or less.
Survgy,prepared-this'date.
.Daze: 12-09-2011QF •
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EXHIBIT C
2013 ANNEXATION PROGRAM
CITY OF CIBOLO, TEXAS
SERVICE PLAN FOR OCTOBER 7, 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 throughthat 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 service area of Green Valley SUD and the waste
water service area of the City of Cibolo. 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
facilities that may be present in the annexation area shall continue to be maintained by GVSUD. Any
water or wastewater facilities thatmay be dedicated to,or acquired by,the City of Cibolo,subsequent to
the annexation of the proposed annexation, shall be maintained by the City of Cibolo at such time as
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 ofuseextension 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 forr 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 anexisting solid waste management
provider. After the second anniversary of the annexation date,.the City will impose fees and provide the
service.
Page 6
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. Inthe event the City does not collectgarbage 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 anddensity 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 andas 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 andrecreation, 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 V2 YEARS
1. Police and Fire Protection and Solid Waste Collection
The City of Cibolo, Texas, fords and determines that it is not necessary to acquire or construct any
capital improvements within 2 'h 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.
Page 7
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 'h 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 'h 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-feetof 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 8
EXHIBIT D
UPDATED CITY LIMITS/ETJ MAP
CITY OF CIBOLO, TEXAS
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