ORD 852 06/24/2008 10F
ORDINANCE NO. 8 5 2
PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY
LIMITS BY THE ANNEXATION OF A TRACT OF LAND
CONTAINING 374.21 ACRES GENERALLY LOCATED SOUTH OF
COUNTRY LANE, EAST OF HAECKERVILLE ROAD, NORTH OF
LOWER SEGUIN ROAD, ADJACENT TO THE EXISTING CITY
LIMITS OF THE CITY OF CIBOLO, GUADALUPE COUNTY,
TEXAS; AND APPROVING A SERVICE PLAN AS AMENDED 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 27th day of May, 2008 and the 29th day of May, 2008, the City Council
of the City of Cibolo, Texas held public hearings on the proposed annexation of a tract of
land containing 374.21 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 May 16, 2008, 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 allof 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. An amended service plan outlining the provisions of necessary municipal
service to the properties described in Exhibit '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 June 24,2008.
PASSED AND APPROVED this, the 24th day of June 2008.
J IFE H MAN, MAYOR
ATTEST:
-)K2
PEGGY CIMICS, CITY SECRETARY
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EXHIBIT 'A'
Tract G
BEGINNING: At a point on Park Valley Drive and adjacent to the City Limit line of
the City of Cibolo, Guadalupe County, Texas.
THENCE: NORTH 58° 23' 32"EAST, a distance of 877.92 to a point;
NORTH 32° 30' 07"WEST, a distance of 348.40 to a point;
NORTH 58° 43' 07"EAST, a distance of 925.51 to a point;
SOUTH 31° 38' 34" EAST, a distance of 920.04 to a point;
SOUTH 58° 33' 16"WEST, a distance of 319.26 to a point;
NORTH 71° 20' 04" WEST, a distance of 205.02 to a point;
NORTH 85° 25' 39"WEST, a distance of 78.21 to a point;
SOUTH 86° 29' 49" WEST, a distance of 311.93 to a point;
THENCE: NORTH 34° 06' 11" WEST, a distance of 228.36 to the point of
beginning and containing 70.40 Acres more or less.
Tract I
BEGINNING: At a point of on Haeckerville Road within the ETJ of the City of
Cibolo, Guadalupe County, Texas.
THENCE: NORTH 31° 15' 04" WEST, a distance of 184.66 to a point;
NORTH 57° 38' 59"EAST, a distance of 229.13 to a point;
SOUTH 31° 09' 27"EAST, a distance of 186.80 to a point;
THENCE: SOUTH 57° 44' 56" WEST, a distance of 228.79 to the point of
beginning and containing 5.10 Acres more or less.
Tract J
BEGINNING: At a point along Haeckerville Road in the ETJ of the City of Cibolo,
Guadalupe County, Texas.
THENCE: NORTH 33° 04' 29" WEST, a distance of 108.46 to a point;
NORTH 58° 15' 59"EAST, a distance of 108.46 to a point;
SOUTH 33° 04' 29"EAST, a distance of 108.46 to a point;
THENCE: SOUTH 58° 15' 59"WEST, a distance of 108.46 to the point of
beginning and containing .27 Acres more or less.
Tract K
BEGINNING: At the intersection of Arizpe Road and Haeckerville Road and residing
within the ETJ of the City of Cibolo, Guadalupe County, Texas.
THENCE: Continuing along Arizpe Road,NORTH 58° 24' 10"EAST, a distance
of 274.47 to a point;
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SOUTH 30° 48' 15" EAST, a distance of 763.39 to a point;
NORTH 58° 54' 22" EAST, a distance of 265.84 to a point;
SOUTH 31° 39' 21" EAST, a distance of 779.03 to a point on Lower
Seguin Road;
THENCE: Along Lower Seguin Road, SOUTH 77° 24' 42" WEST, and
continuing a distance of 787.79 to a point;
THENCE: NORTH 31° 17' 30" WEST, a distance of 959.40 to a point;
SOUTH 57° 39' 46" WEST, a distance of 785.46 to a point;
NORTH 33° 13' 35" WEST, a distance of 392.36 to a point;
SOUTH 58° 23' 43" WEST, a distance of 2023.30 to a point on
Haeckerville Road;
THENCE: Continuing NORTH 31° 42' 33"WEST on Haeckerville Road, for a
distance of 629.81 to the point of beginning at the intersection of
Arizpe Road and Haeckerville Road and containing 298.44 Acres
more or less.
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10 F
EXHIBIT 'A'
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CITY OF CIEOLO ANNEXATION °ipi1 E
_i KLEIN ENGINEERING.INC.
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EXHIBIT 'B'
2008 ANNEXATION PROGRAM
CITY OF CIBOLO, TEXAS
SER VICE PLAN FOR 2008 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 water service area of Green Valley Special
Utility District or Cibolo Water District.
All of the newly annexed properties are within either the wastewater 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
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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 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 %
YEARS
1 Police and Fire Protection and Solid Waste Collection
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
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
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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 finds 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 of any capital improvements for water and wastewater services to an annexed area will be
completed pursuant to the City's infrastructure extension policies.
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 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 %z 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, fmds 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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