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ORD 941 09/07/2010 0rotor Qe . LLL S4.4. '40Munitoleilui T£ XP1/45 "City of Choice" ORDINANCE NO. 9 41 AN ORDINANCE ADOPTING A MAP RECOGNIZING THE EXPANSION OF THE CITY OF CIBOLO, TEXAS EXTRATERRITORIAL JURISDICTION BASED ON THE ANNEXATION OF CERTAIN PROPERTIES. 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, Texas Local Government Code section 43.035(a)(2) stipulates that a municipality may not annex an area appraised for ad valorem tax purposes as land for agricultural use under Subchapter C or D, Chapter 23, Tax Code and Texas Local Government Code section 43.035(b)(1) stipulates provides that a municipality must offer to make a development agreement with landowners eligible under TLGC 43.035(a)(2) to guarantee the continuation of the extraterritorial status of the area; and WHEREAS, the City of Cibolo executed 72 Non-Annexation Agreements for properties comprising an aggregate area of 1,528.39 and said Non-Annexation Agreements were approved by City Council on September 7, 2010; and WHEREAS,pursuant to Texas Local Government Code section 43.035(c) an area adjacent or contiguous to an area that is the subject of a development agreement under Texas Local Page 1 Government Code section 43.035(b)(1)is considered adjacent or contiguous to the municipality; and WHEREAS, on the 7th day of September, 2010, the City Council of the City of Cibolo, Texas annexed an aggregate amount of property totaling 596.63 acres; and WHEREAS, pursuant to Texas Local Government Code section 42.022 when a municipality annexes an area, the extraterritorial jurisdiction of the municipality expands with t annexation to comprise, consistent with Section 42.021 the area around the new municipal boundaries; and WHEREAS, pursuant to Texas Local Government Code section 42.021 the extraterritorial jurisdiction of municipality with 5,000 to 24,499 inhabitants extends one mile; and WHEREAS,the population of the City of Cibolo, Texas is in excess of approximately 18,000 but less than 24,499 inhabitants. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. The City of Cibolo City Council hereby adopts the attached Exhibit "A" which is incorporated herein as if fully laid out herein, recognizing the automatic expansion of its extraterritorial boundaries in the area represented by Exhibit 'A". SECTION 6. This ordinance shall be effective from and after September 7, 2010. PASSED AND APPROVED this, the 7th day of September 2010. J nnifer rtm \ Y 1a or ATTEST: J2,..,-_,- _ . _ Peggy Cimics, City Secretary i_ , ' y Page 2 EXHIBIT "A" Y I ' B4.iitdi'IB 11 iw ilna7 .1.,__ _ 1 o _LL — s 441,asi 1 1' r _ _. `-' 1- a I � _ _ I I *. '�. 1I. i� LL_ i, - i L:11•1 1 . I ' 1 , „ l� 1 �, -- • 11.Lt ..1i t nI. _I �I - ....- • l� i �, I- 11 T _ r µwt _ „ _ �. - _ — , it i Ii ( ij ( 1e 1 1 J I 1! i L h 1 1f��TTI- - = 17, .J____ _moi I-- 1 1-- I J1L/ r r f\___�^ 1. ,, w. _I_ J — __ IH-10 —_ T I i 1 J rT �" -- I —LI C .: r —L /� =r— '— . — I ♦ ' MI---:------ 1' LEGEND T 1 MILE 1/2 0 w Gb G:!JR, CAeh ETI I 1 I I_ _1 . r —' __ Lila CMCqum! 2010 W4TF Ven A+nen... ...m.' Ln ArVNo fTI U.& CITY LIMITS AND FTJ MAP T 4'nn'en1 OF THE CITY OF CIBOLO KI I.-_-_ _ DATE SEPTEMBER 7010 Page 3