ORD 907 07/28/2009 ORDINANCE NO. 9 0 7
PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY LIMITS BY THE
ANNEXATION OF A TRACT OF LAND CONTAINING 365.719 ACRES
GENERALLY LOCATED WITHIN THE CITY OF CIBOLO'S
EXTRATERRITORIAL JURISDICTION (ETJ), GENERALLY LOCATED SOUTH
OF LOWER SEGUIN ROAD AND EXTENDING PASS INTERSTATE 10 AT THE
POINT ADJACENT TO THE EXISTING CITY LIMIT LINE 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 23`d day of June, 2009; the 25th day of June, 2009; the 6th day of July,
2009, and the 7th day of July, 2009, the City Council of the City of Cibolo, Texas held public
hearings on the proposed annexation of a tract of land containing 365.719 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 June 12, 2009, 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
Page 1
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 Exhibit `B' 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 July 28, 2009.
PASSED AND APPROVED this,the 28th day of July,2009.
J � IF i' AR A , MAYOR
ATTEST:
y •
PEGGY CIMICS, CITY SECRETARY
Page 2
EXHIBIT A
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LEGEND 1 MILE 1/2 0 1 MILE
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EXHIBIT "A"
2009 PROPOSED ANNEXATION
Field Notes for a 365.719 Acres area of land to be annexed into the City of Cibolo, Guadalupe
County, Texas; said 365.719 Acres of land is divided into nine areas: A=1.08 Acres, B=2.04 Acres,
C=120.01 Acres, D=14.42 Acres, E=53.80 Acres, F=2.43 Acres, G=163.00 Acres, H=1.00 Acres,
I=1.00 Acres, J=2.289 Acres, K=4.65 Acres and all are adjacent and/or surrounded by the existing
City Limits or ETJ of the City of Cibolo, Guadalupe County,Texas.
TRACT A - 1.08 Acres
BEGINNING: at a point on the South line of Lower Valley Lane, said point being the
Northwest corner of a 9 Acre tract out of Francisco Rodriguez Survey,
Abstract 271; from said point a distance of 803.89', S 30° 36' 21" E to the
Southwestern corner of said 9 Acre tract; then continuing N 58° 42' 42"E, a
distance of 232.07' to a point on the Southeast line of said 9 Acre tract, said
point being the most Western corner and POINT OF BEGINNING of herein
described 1.08 Acre tract.
THENCE: N 58° 17' 27" E, for a distance of 287.93' to a point on the Eastern line of
said 9 Acre tract; said point being the Eastern corner of said 1.08 Acre tract;
S 31° 47' 01"E, for a distance of 327.08' to the most Southern corner of the
herein described 1.08 Acre tract and said 9 Acre tract;
N 73° 06' 30" W, for a distance of 436.04' to the POINT OF BEGINNING
and containing 1.08 Acres more or less.
TRACT B—2.04 Acres
BEGINNING: at the point on South Right-of-Way Opie Lane and adjacent to the Cibolo
ETJ, Guadalupe County,Texas.
THENCE: S 56° 32' 45"W,for a distance of 403.97' to a point;
N 29° 53' 20"W,for a distance of 227.77'to a point;
N 58° 24' 10"E,for a distance of 400.39' to a point;
S 30° 40' 57" E, for a distance of 214.61' the POINT OF BEGINNING and
containing 2.04 Acres more or less.
TRACT C— 120.01 Acres
BEGINNING: at a point on the South Right-of-Way of Lower Seguin Road and adjacent to
the Cibolo ETJ,Guadalupe County,Texas.
THENCE: N 78° 44' 05"E,for a distance of 1882.81' to a point;
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EXHIBIT "A"
Leaving Lower Seguin Road, S 29° 00' 35"E, for a distance of 214.62' to a
point;
S 78° 25' 26"W,for a distance of 756.64' to a point;
S 32° 30' 50"E,for a distance of 1386.77'to a point;
N 57° 57' 20"E,for a distance of 1439.66' to a point;
N 31° 48' 43"W, for a distance of 1058.61' to a point on the South Right-of-
Way of Lower Seguin Road;
Continuing along the South Right-of-Way of Lower Seguin Road,N 78° 31'
10"E,for a distance of 560.02' to a point;
Leaving Lower Seguin Road and continuing, S 31° 45' 32"E, for a distance
of 1049.28'to a point;
S 57° 45' 33" W, for a distance of 4130.26' to a point on the West Right-of-
Way line on Haeckerville Road;
Continuing along the West Right-of-Way line on Haeckerville Road, N 32°
53' 47"W,for a distance of 571.92' to a point;
Leaving the Right-of-Way of Haeckerville Road, S 57° 54' 14" W, for a
distance of 1389.57'to a point;
N 32° 05' 46"W, for a distance of 323.02' to a point;
N 57° 57' 10"E, for a distance of 1394.55' to a point on the West Right-of-
Way on Haeckerville Road;
Continuing along the West Right-of-Way line of Haeckerville Road, N 31°
26' 58"W,for a distance of 586.33'to a point;
Leaving the Right-of-Way of Haeckerville Road N 58° 40' 49" E, for a
distance of 1105.29' to a point;
N 31° 24' 25" W, for a distance of 739.96' to the POINT OF BEGINNING
and containing 120.01 Acres more or less.
TRACT D— 14.42 acres
BEGINNING: at a point on the East Right-of-Way of Stolte Road and adjacent to the Cibolo
ETJ,Guadalupe County,Texas.
THENCE: S 32° 37' 46"E,for a distance of 864.95'to a point;
S 54° 23' 06"W,for a distance of 511.57'to a point;
N 32° 57' 19"W,for a distance of 272.96' to a point;
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EXHIBIT "A"
S 75° 58' 52"W,for a distance of 169.99' to a point;
N 32° 03' 27"W,for a distance of 374.13'to a point;
S 58° 15' 26"W,for a distance of 427.65' to a point;
N 31° 53' 59"W,for a distance of 192.54' to a point;
N 57° 50' 02" E, for a distance of 1094.98' to the POINT OF BEGINNING
and containing 14.42 Acres more or less.
TRACT E—53.80 acres
BEGINNING: at a point on the West Right-of-Way of Stolte Road and adjacent to the
Cibolo ETJ,Guadalupe County,Texas.
THENCE: S 32° 37' 46"E, for a distance of 737.72' to a point;
S 57° 05' 06"W,for a distance of 809.91' to a point;
S 32° 40' 47"E,for a distance of 947.62'to a point;
S 57° 48' 22"W,for a distance of 1039.09'to a point;
N 32° 40' 54"W,for a distance of 1657.74'to a point;
N 55° 41' 08"E,fora distance of 1339.73' to a point;
S 33° 21' 53"E,for a distance of 22.21' to a point;
N 56° 38' 07" E, for a distance of 510.25' to the POINT OF BEGINNING
and containing 53.80 Acres more or less.
TRACT F—2.43 acres
BEGINNING: at a point on the East Right-of-Way of Stolte Road and adjacent to the Cibolo
ETJ, Guadalupe County,Texas.
THENCE: With said Right-of-Way, N 33° 17' 37" W, for a distance of 216.92' to a
point;
Leaving said Right-of-Way, N 54° 12' 59" E, for a distance of 466.11' to a
point;
S 32° 08' 41"E,for a distance of 240.27'to a point;
S 57° 05' 06" W, for a distance of 460.86' to the POINT OF BEGINNING
and containing 2.43 Acres more or less.
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EXHIBIT "A"
TRACT G— 163.00 acres
BEGINNING: at a point on the North Right-of-Way of Bolton Road and adjacent to the
Cibolo ETJ,Guadalupe County,Texas.
THENCE: N 56° 48' 00"E,for a distance of 1903.79' to a point;
Crossing the Right-of-Way of Bolton Road and continuing, S 30° 49' 15"E,
for a distance of 735.82' to a point on the North Right-of-Way of IH 10;
Continuing along the North Right-of-Way of IH 10, N 64° 35' 36" E, for a
distance of 1195.14' to a point;
Leaving the North Right-of-Way of IH 10 and continuing,N 30° 43' 27" W,
for a distance of 913.70' to a point on the North Right-of-Way of Bolton
Road;
Continuing along the North Right-of-Way of Bolton Road,N 56° 53' 43" E,
for a distance of 1113.75'to a point;
Crossing the Right-of-Way of Bolton Road and continuing, S 34° 20' 14"E,
for a distance of 1488.22'to a point on the South Right-of-Way of IH 10;
Continuing along the South Right-of-Way of IH 10, S 65° 24' 44" W, for a
distance of 381.39' to a point;
Leaving the Right-of-Way of IH 10 and continuing, S 20° 27' 31" E, for a
distance of 1434.82'to a point;
S 58° 15' 19"W,for a distance of 803.98'to a point;
N 31° 40' 42"W,for a distance of 1560.50' to a point on the South Right-of-
Way of IH 10;
Continuing along the Right-of-Way of IH 10, S 65° 52' 29"W,for a distance
of 2067.38' to a point;
Leaving the Right-of-Way of IH 10 and continuing, S 28° 47' 36" E, for a
distance of 138.07' to a point;
S 66° 29' 12"W,for a distance of 155.41' to a point;
N 25° 42' 06" W, for a distance of 136.51' to a point on the South Right-of-
Way of 111 10;
Continuing along the South Right-of-Way of IH 10, S 66° 06' 32" W, for a
distance of 244.44' to a point;
Leaving the Right-of-Way of IH 10 and continuing, S 31° 50' 03" E, for a
distance of 1360.67'to a point;
S 59° 46' 18"W,for a distance of 146.99'to a point;
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EXHIBIT "A"
S OT 44' 41"W,for a distance of 201.84' to a point;
S 26° 47' 52"W,for a distance of 396.59'to a point;
S 21° 11' 44"E,for a distance of 140.50' to a point on the Cibolo Creek;
Following the meanders of the Cibolo Creek and continuing,
S 73° 32' 39"W,for a distance of 268.29' to a point;
N 38° 33' 39"W,for a distance of 135.56'to a point;
N 79° 43' 05"W,for a distance of 89.64' to a point;
S 57° 13' 53"W,for a distance of 155.20'to a point;
S 75° 51' 50"W,for a distance of 293.15'to a point;
S 42° 49' 31"W,fora distance of 115.08'to.a point;
S 76° 14' 21" W, for a distance of 126.12' to a point; leaving the Cibolo
Creek and continuing,N 40° 57' 56"W, for a distance of 112.57'to a point;
N 21° 19' 37"E,for a distance of 582.92'to a point;
N 69° 37' 09"W, fora distance of 516.86' to a point;
S 32° 32' 44"W,for a distance of 236.07' to a point;
N 88° 10' 15"W,for a distance of 219.31' to a point;
N 20° 33' 03"E,for a distance of 514.76' to a point on East Right-of-Way of
Sea Willow Drive;
Continuing along the East Right-of-Way of Sea Willow Drive,
N 66° 12' 50"E,for a distance of 428.94'to a point;
Leaving Sea Willow Drive, S 74° 46' 24" E, for a distance of 247.49' to a
point;
N 59° 06' 23"E,for a distance of 223.98' to a point;
S 22° 42' 30"E,for a distance of 99.73' to a point;
S 71° 18' 55"E,for a distance of 290.30'to a point;
N 36° 03' 37"E,for a distance of 167.00'to a point;
N 32° 20' 00" W, for a distance of 1635.38', crossing IH 10 the POINT OF
BEGINNING and containing 163.00 Acres more or less.
5 072109
EXHIBIT "A"
TRACT H— 1.00 acres
BEGINNING: at POINT OF BEGINNING on West Right-of-Way of Zuehl Road and
adjacent to the Cibolo ETJ,Guadalupe County,Texas.
THENCE: Continuing along the West Right-of-Way of Zuehl Road, S 33° 26' 13"E,for
a distance of 139.92' to a point;
Leaving said Right-of-Way, S 65° 48' 41" W, for a distance of 322.80' to a
point;
N 24° 11' 19" W, for a distance of 138.10' to a point;N 65° 48' 41"E, for a
distance of 300.31' to the POINT OF BEGINNING and containing 1.00
Acres more or less.
TRACT I— 1.00 Acres
BEGINNING: at a point on the East Right-of-Way of Haeckerville Road and adjacent to the
Cibolo ETJ,Guadalupe County,Texas.
'!'HENCE: Continuing along Haeckerville Road, N 38°25' 28" W, for a distance of
126.23'to a point;
Leaving said Right-of-Way, N 58° 27' 48" E, for a distance of 347.58' to a
point;
S 32° 21' 07"E,for a distance of 120.85'to a point;
S 57° 41' 42" W, for a distance of 334.19' to the POINT OF BEGINNING
and containing 1.00 Acres more or less.
TRACT J—2.289 Acres
BEGINNING: at a point on the South Right-of-Way of Sea Willow Drive and adjacent to
the City of Cibolo ETJ, Guadalupe County,Texas.
'!'HENCE: Continuing along the South Right-of-Way of Sea Willow Drive,
S 26° 26' 21"W,for a distance of 453.99'to a point;
Leaving the Sea Willow Drive and continuing S 75° 13' 33"E, for a distance
of 299.49'to a point;
N 24° 27' 35"E,for a distance of 236.93' to a point;
N 34° 46' 33" W, for a distance of 325.32' to the POINT OF BEGINNING
and containing 2.289 Acres more or less.
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EXHIBIT "A"
TRACT K— 4.65 Acres
BEGINNING: at a metal fence corner post found situated within the Parent Tract, for a
corner of this herein described tract,BEING: S 49° 46' 44"E, 1,610.49' from
a 'A" iron pin found on the South Right-of-Way line of IH 10 at the
Northwesterly corner of the Parent Tract;
THENCE: N 58° 18' 53"E,for a distance of 600.15'to a point;
S 31° 33' 54"E, for a distance of 339.30'to a point;
S 58° 19' 54"W,for a distance of 259.58' to a point;
S 59° 06' 55"W,for a distance of 340.19' to a point;
N 31° 38' 04" W, for a distance of 334.47' to the POINT OF BEGINNING
and containing 4.65 Acres more or less.
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EXHIBIT 'B'
2009 ANNEXATION PROGRAM
CITY OF CIBOLO, TEXAS
SERVICE PLAN FOR JUNE/JULY 2009 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
Page 1
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 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, fmds 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 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 2
2. Water/Wastewater Facilities
For the next 2 '/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, fmds 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.
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, 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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