ORD 822 12/11/2007 ORDINANCE NO. 822
PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY
LIMITS BY THE ANNEXATION OF A TRACT OF LAND CONTAINING
291.80 ACRES GENERALLY LOCATED SOUTH OF SCHAEFER ROAD,
EAST OF CIBOLO CREEK, NORTH OF LOWER SEGUIN ROAD, AND
WEST OF HAECKERVILLE ROAD AND THE EXISTING EAST CITY
LIMIT LINE OF THE CITY OF CIBOLO, GUADALUPE COUNTY,
TEXAS; AND APPROVING A SERVICE PLAN FOR SUCH AREAS.
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, on the 5th day of November, 2007 and the 13th day of November, 2007, the City
Council of the City of Cibolo, Texas held public hearings on the proposed annexation of a tract
of land containing 37.0 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 25, 2007, 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
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WHEREAS, the population of the City of Cibolo, Texas is in excess of 11,000 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 as those portions of the tracts of land described in
Exhibit "A," 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," 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 more particularly described as those portions of the tracts
of land described in Exhibit "A," 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 Exhibits "A," is hereby approved and the implementation of said plan is
hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit"B."
SECTION 4. This ordinance shall be effective from and after December 11, 2007.
PASSED AND APPROVED this, the 11th day of December 2007.
/ 7V -771--zarii--
S� IFE ro,HARTMAN, MAYOR
ATTEST:
/�yqh
PEGGY CIMICS, CITY SECRETARY
APPROVED AS TO FORM:
S ROCHA CITY ATTORNEY
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�, Aiimtl"' s11ea En • ,�,• CITY OF CRIOLO ANNEXATION F.ep.,.aby
- s.4a,.oylmR OLEIN ENGINEERING,INC.
DATE OCTOl1ER JAB]
--- M••"•" REV DATE NC?.Jl1FR 2007 ..,.....M... EN...
EXHIBIT A
Field Notes for a 291.80 Acres area of land to be annexed into the City of Cibolo, Guadalupe
County, Texas; said 291.80 Acres of land is divided into 10 areas: Area 1 =2.43,Area 2=4.26,
Area 3 =48.298,Area 4=0.958, Area 5 =3.326,Area 6=219.048,Area 7= 1.71,Area 8 =
10.00,Area 9 = 1.50,Area 10=0.27, and adjacent to existing City Limits of the City of Cibolo,
Texas.
AREA 1
BEGINNING: At a point on Schaeffer Road adjacent to the City Limits of City of Cibolo,
Guadalupe County,Texas.
THENCE: South 29° 27' 05"East, a distance of 421.08 feet to a point;
South 58° 33' 09"West, a distance of 211.05 feet to a point;
North 30° 39' 49"West, a distance of 421.11 feet to a point on Schaeffer
Road;
THENCE: North 58° 36' 56"East, along Schaeffer Road, a distance of 219.96 to the
point of beginning and containing 2.43 Acres more or less.
AREA 2
BEGINNING: At a point on Haeckerville Road adjacent to the ETJ of the City of Cibolo,
Guadalupe County, Texas.
THENCE: South 31' 53' 46"East, along Haeckerville Road, a distance of 156.82 feet
to a point;
South 58° 06' 14"West, a distance of 341.94 feet to a point;
North 29° 22' 59"West, a distance of 171.66 feet to a point;
THENCE: North 60° 37' 01"East, a distance of 334.73 feet to a point on
Haeckerville Road and the point of beginning, containing 4.26 Acres more
or less.
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AREA 3
BEGINNING: At a point on Haeckerville Road, adjacent to the ETJ of the City of Cibolo,
Guadalupe County, Texas.
THENCE: South 31° 42' 46"East, a distance of 339.75 feet to a point;
South 31° 09' 13"East, a distance of 483.12 feet to a point;
South 58° 07' 34"West, a distance of 1,179.06 feet to a point;
South 31° 52' 26"East, a distance of 365.14 feet to a point;
South 58° 08' 06"West, a distance of 1,026.22 feet to a point;
North 30° 56' 13"West, a distance of 367.02 feet to a point;
South 58° 07' 31"West, a distance of 1,181.48 feet to a point;
North 32° 13' 53"West, a distance of 302.17 feet to a point;
North 57° 46' 07"East, a distance of 1,353.64 feet to a point;
North 31° 57' 50"West, a distance of 182.51 feet to a point;
North 58° 20' 27"East, a distance of 1,497.69 feet to a point;
North 28° 19' 07"West, a distance of 337.88 feet to a point;
THENCE: North 58° 33' 21" East, a distance of 517.72 feet to the point of beginning
on Haeckerville Road and containing 48.298 Acres more or less.
AREA 4
BEGINNING: At a point on Haeckerville Road, adjacent to the ETJ of the City of Cibolo,
Guadalupe County, Texas.
THENCE: South 32° 29'44"East, a distance of 132.99 feet to a point;
South 58° 08' 51"West, a distance of 457.51 feet to a point;
North 29° 22' 59" West, a distance of 133.00 feet to a point;
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THENCE: North 58° 08' 03"East, a distance of 450.29 feet to the point of beginning
on Haeckerville Road and containing 0.958 Acres more or less.
AREA 5
BEGINNING: At a point on Haeckerville Road, adjacent to the ETJ of the City of Cibolo,
Guadalupe County, Texas.
THENCE: South 31° 51' 09"East, a distance of 166.00 feet to a point;
South 58° 45' 48"West, a distance of 991.85 feet to a point;
North 33° 05' 30"West, a distance of 171.77 feet to a point;
THENCE: North 59° 05' 27"East, a distance of 995.64 feet to the point of beginning
on Haeckerville Road and containing 3.326 Acres more or less.
AREA 6
BEGINNING: At a point on Haeckervill Road, adjacent to the ETJ of the City of Cibolo,
Guadalupe County,Texas.
THENCE: South 31° 41' 22"East, a distance of 1,179.31 feet to a point;
South 58° 37' 38"West, a distance of 3,446.25 feet to a point;
South 58° 13' 26" West, a distance of 3,142.74 feet to a point;
North 20° 29' 02" West, a distance of 362.11 feet to a point;
North 14° 16' 51"West, a distance of 661.92 feet to a point;
North 07° 58' 11"East, a distance of 184.41 feet to a point;
North 02° 47' 28"West, a distance of 142.05 feet to a point;
North 59° 00' 12"East, a distance of 2,706.74 feet to a point;
THENCE: North 59° 14' 11"East, a distance of 3,428.10 feet to the point of
beginning on Haeckerville Road and containing 219.048 Acres more or
less.
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AREA 7
BEGINNING: At a point on the North side of Lower Seguin Road,within the City Limits
of the City of Cibolo, Guadalupe County, Texas.
THENCE: South 59° 32' 41"West, a distance of 302.86 feet to a point;
North 26° 32' 31"West, a distance of 259.81 feet to a point;
North 60° 46' 52"East, a distance of 296.85 feet to a point;
THENCE: South 27° 48' 57"East, a distance of 253.07 feet to the point of beginning
on the North side of Lower Seguin Road and containing 1.71 Acres more
or less.
AREA 8
BEGINNING: At a point on the North side of Lower Seguin Road,within the City Limits
of the City of Cibolo, Guadalupe County, Texas.
THENCE: South 59° 03' 36"West, along the North side of Lower Seguin Road, a
distance of 865.52 to a point;
North 34° 00' 20"West, a distance of 735.64 feet to a point;
North 58° 34' 42"East, a distance of 296.90 feet to a point;
South 32° 14' 32"East, a distance of 412.15 feet to a point;
North 58° 59' 07"East, a distance of 598.18 feet to a point;
THENCE: South 31° 00' 53"East, a distance of 325.82 feet to the point of beginning
on the North side of the Lower Seguin Road and containing 10.00 Acres
more or less.
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AREA 9
BEGINNING: At a point on Haeckerville Road, adjacent to the ETJ of the City of Cibolo,
Guadalupe County, Texas.
THENCE: South 32° 04' 46"East, a distance of 187.60 feet to a point;
South 57° 36' 53"West, a distance of 142.61 feet to a point;
North 34° 32' 04"West, a distance of 192.49 feet to a point;
THENCE: North 58° 25' 36"East, a distance of 335.56 feet to the point of beginning
on Haeckerville Road and containing 1.50 Acres more or less.
AREA 10
BEGINNING: At a point on Haeckerville Road, adjacent to the ETJ of the City of Cibolo,
Guadalupe County,Texas.
THENCE: South 32° 06' 38"East, a distance of 81.84 feet to a point;
South 57° 36' 53"West, a distance of 142.61 feet to a point;
North 34° 32' 04"West, a distance of 83.97 feet to a point;
THENCE: North 58° 25' 36"East, a distance of 146.17 feet to the point of beginning
on Haeckerville Road and containing .27 Acres more or less.
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EXHIBIT "B"
2007 ANNEXATION PROGRAM
CITY OF CIBOLO, TEXAS
SERVICE PLAN FOR 2007 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 contracts with the Cibolo Volunteer Fire Department and will provide fire
protection to newly annexed areas through that contract 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 either the service area of Green Valley Special Utility
District or Cibolo Water District.
All water/wastewater facilities owned or maintained by the City of Cibolo at the time of the proposed
annexation shall continue to be maintained by.the City of 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 to the extent of its ownership. The now existing water/wastewater mains at existing locations shall
be available for the point of use extension based upon the City of Cibolo standard extension policy now
existing or as may be amended. On-site sewerage systems may be maintained in accordance with the
City's Code of Ordinances.
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 Waste Management. 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.
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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 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 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%2 YEARS
1. Police and Fire Protection and Solid Waste Collection
The City of Cibolo, Texas, fords 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 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
For the next 2 1/2 years, Cibolo fmds and determines that there is sufficient capacity for wastewater to
provide services to the annexed areas pursuant to the City of Cibolo's extension policies. The construction
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of any capital improvements necessary to extend water and wastewater services to an annexed area will be
completed pursuant to Chapter 43 of the Texas Local Government Code, as amended and Chapter 130 of
the City Code of Ordinances.
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, fmds 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.
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.
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