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ORD 942 09/07/2010 Of c1 ��\IId111in1/////N/b/j�,y' �r o i 3 F * y p/animm/d\I'`\`\\`\r\ T e X Is "City of Choice" ORDINANCE NO. 9 4 2 PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY LIMITS BY THE ANNEXATION OF TRACTS OF LAND THAT CONTAIN AN AGGREGARE AREA OF 596.63 ACRES GENERALLY LOCATED BETWEEN ARIZPE ROAD AND INTERSTATE HIGHWAY 10 ADJACENT TO THE EXISTING CITY LIMIT BOUNDARYOF 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, 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 Page 1 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 Government Code section 43.035(b)(1) is considered adjacent or contiguous to the municipality; and WHEREAS, on the 3rd day of August 2010 and the 5th day of August, 2010, the City Council of the City of Cibolo, Texas held public hearings on the proposed annexation of approximately 596.63 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 July 22, 2010 and July 23, 2010, 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 18,000 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', B', and 'C', 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', 'B', and 'C', 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 in Exhibits 'A', B', and `C', 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. Page 2 SECTION 3. A service plan outlining the provisions of necessary municipal service to the properties described in Exhibit `D' is hereby approved and the implementation of said plan is hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit `D'. SECTION 4. This ordinance shall be effective from and after September 7, 2010. PASSED AND APPROVED this, the 7th day of September 2010. byv O 461\14A-61/1 G.tk/NN HAAN MAYOR A'1"1EST:`Qqq PEGGY CIMICS, CITY SECRETARY Page 3 EXHIBIT A ANNEXATION AREA MAP Page 4 ARIZPE ROAD _ // J AREA#8 \ \ 87.77 AC. 4 ,\ ,\- \i w (O ER SEGU/N R0 AREA#7 4, 140.43 AC. nanswitonti ce LAJ J I- .1- _. J i i i - AREA#6 __._-- — — 127.98 AC. SCHMOEKEL RD. I AREA#5iF 1 -- - — 1.52 AC. t1 t AREA#4 I ' 8.88 AC. flI I 1 Li -_ — --- j I 1 , a p , , , II , < AREA#3 _ _i.- -4 f_= -` 174.63 AC. BOLTON RD. � � �-- AREA#2 1 I j 5.37 AC. �' 1 I ? AREA#1 I ; 50.05 AC. IF-I- I 0 , J IH- 10 7-, AFFEY RD. 1_ 1 I I ril N; L�r�D i 1 r Too une 2010 I i r I--- I II-_ —� �� Q Y LiIvIIIS AND ETJ MAP ' _ H. enram tea q OF THE QTY OF QBOI O i 1 KLEIN ENGINEERING INC h� meb fll ��.— IbM 4'4b GAR 11@OEl ID10 — — Sy�l Glob ET1 i I O.II NlIlaLLl9�MM. lOmI EXHIBIT B ANNEXATION AREA METES &BOUNDS DESCRIPTION Field Notes for a 596.63 Acres area of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 596.63 Acres of land is divided into eight Areas: #1=50.05 Acres, #2=5.37 Acres, #3=174.63 Acres, #4=8.88 Acres, #5=1.52 Acres, #6=127.98 Acres, #7=140.43 Acres, #8=87.77 Acres and all are adjacent and/or surrounded by the existing City Limits or ETJ of the City of Cibolo, Guadalupe County, Texas. AREA #1 — 50.05 Acres BEGINNING: at a point on the South line of the Right-of-Way of Bolton Road, said point being the Northeast corner of a 6.0 Acre tract listed in the Guadalupe County Appraisal District, Account No. 110472, and POINT OF BEGINNING of herein described 50.05 Acre tract. THENCE: S 34° 15' 29" E, for a distance of 2234.04' to a point across IH-10 to the Southern Right-of-Way line of IH-10; Continuing along the Southern Right-of Way line of 111-10, S 65° 44' 17"W, for a distance of 1055.88' to a point; Leaving the Right-of-Way and crossing IH-10 N 33° 19' 51" W, for a distance of 1216.20' to a point; S 53° 08' 16" W, for a distance of 114.51' to a point; N 30° 18' 32"W, for a distance of 213.83' to a point; N 60° 00' 00"E, for a distance of 103.19' to a point; N 33° 15' 02" W, for a distance of 650.48 to a point on the South Right-of-Way Line of Bolton Road and farthest Northwestern corner of Page 5 a 3.0 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63392; Continuing along the Southern Right-of-Way of Bolton Road, N 56° 39' 36" E, for a distance of 1005.62 to the POINT OF BEGINNING and containing 50.05 Acres more or less. Page 6 AREA #2 — 5.37 Acres BEGINNING: at a point on South Right-of-Way line of Bolton Road, said point being the most Northwestern corner of a 5.001 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63498 and adjacent to the Cibolo ETJ, Guadalupe County, Texas. THENCE: Continuing along the South Right-of-Way line, N 56° 36' 10"E,for a distance of 307.49' to the most Northeastern point of the 5.001 Acre tract; S 33° 23' 50"E, for a distance of 770.03' to a point; S 60° 29' 40"W, for a distance of 309.11' to a point; N 33° 19' 40" W, for a distance of 749.05' to the POINT OF BEGINNING and containing 5.37 Acres more or less. AREA #3 — 174.63 Acres BEGINNING: at a point on the South line of the Right-of-Way of Bolton Road, said point being approximately 140' East from the most Northwestern corner of a 1.0 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63480, and POINT OF BEGINNING of herein described 174.63 Acre tract. THENCE: N 56° 19' 46" E, for a distance of 952.28' along the South Right-of- Way line of Bolton Road to a point, said point being the most Northeastern corner of a 3.49 Acre tract listed in the Guadalupe County Appraisal District, Account No. 19584; S 33° 04' 34" E, for a distance of 1763.84' across and to a point on the South Right-of-Way line of IH-10; Continuing along the South Right-of-Way of IH-10, S 65° 54' 20" W, a distance of 2068.57' to a point; Leaving the Right-of-Way and crossing IH-10, N 32° 00' 36" W, for a distance of 1221.00' to a point; N 56° 08' 40" E, for a distance of 236.84' to a point; N 32° 47' 54" W, for a distance of 262.35' crossing Bolton Road to a point on the North Right-of-Way line of said Road, which is also the most Southeastern corner of a 1.10 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63356; Page 7 Continuing along the North Right-of-Way line of Bolton Road, S 57° 07' 36" W, for a distance of 290.56' to a point on the most Southwestern corner of a 4.75 Acre tract listed in Guadalupe County Appraisal District, Account No. 63550; Continuing N 32° 07' 48"W, for a distance of 2302.37' to a point; N 30° 32' 39" W, for a distance of 1673.29' to a point, said point being the most Northwestern corner of a 93.85 Acre tract listed in Guadalupe County Appraisal District, Account No. 63393; N 56°47' 12"E, for the distance of 1038.48' to a point; S 32° 45' 57" E, for a distance of 2780.97' to the South Right-of-Way line of Bolton Road, also being the POINT OF BEGINNING and containing 174.63 Acres more or less. AREA #4 — 8.88 Acres BEGINNING: at a point on South Right-of-Way line of Schmoekel Road, said point being the most Northwestern corner of a 1.00 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63438. THENCE: Continuing along the South Right-of-Way line, N 57° 41' 57"E, for a distance of 254.33' to the most Northeastern point of the 1.0 Acre tract; S 31° 55' 24" E, for a distance of 1522.33' to a point; S 57° 39' 51" W, for a distance of 254.08' to a point; N 31° 55' 59" W, for a distance of 1522.49' to the POINT OF BEGINNING and containing 8.88 Acres more or less. AREA #5 — 1.52 Acres BEGINNING: at a point on South Right-of-Way line of Schmoekel Road, said point being the most Northwestern corner of a 1.00 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63354. THENCE: Continuing along the South Right-of-Way line, N 57° 19' 43"E, for a distance of 144.06' to the most Northeastern corner of the 1.00 Acre tract; S 30° 38' 14"E, for a distance of 498.83' to a point; Page 8 S 59° 56' 57" W, for a distance of 128.89' to a point; N 32° 25' 29" W, for a distance of 483.63' to the POINT OF BEGINNING and containing 1.52 Acres more or less. AREA #6 — 127.98 Acres BEGINNING: at a point on South Right-of-Way line of Lower Seguin Road, said point being the most Northeastern corner of a 1.50 Acre tract listed in the Guadalupe County Appraisal District, Account No. 61848. THENCE: S 32° 46' 54" E, for a distance of 3821.56' to a point, said point being the most Southeastern corner of a 67.59 Acre tract recorded in Guadalupe County Appraisal District, Account No. 63456; S 57° 46' 41" W,for a distance of 3354.14' to a point; N 32° 53' 56"W,for a distance of 948.20' to a point; N 57° 06' 37"E, for a distance of 1326.13' to a point; N 34°49' 03"W, for a distance of 233.08' to a point; N56° 05' 51" E, for a distance of 1373.45' to a point, said point being the most Southwestern corner of 19.935 Acre tract listed in Guadalupe County Appraisal District, Account No. 63442; N 31° 59' 56" W, for a distance of 2108.51' to a point; S 55° 24' 08"W,for a distance of 122.04' to a point; N 32° 28' 45" W, for a distance of 724.69' to a point, said point being the most North corner of a 1.76 Acre tract listed in Guadalupe County Appraisal District, Account No. 68124, and also on the South Right-of- Way line of Lower Seguin Road; Continuing along the South Right-of-Way line, N 75° 36' 46" E, for a distance of 794.85' to the POINT OF BEGINNING and containing 127.98 Acres more or less. Page 9 AREA #7 — 140.43 Acres BEGINNING: at a point on North Right-of-Way line of Lower Seguin Road, said point being the Southwestern corner of a 28.13 Acre tract listed in the Guadalupe County Appraisal District, Account No. 69698. THENCE: N 31° 19' 34" W, for a distance of 2199.16' to a point; N 65° 56' 11" E, for a distance of 1909.78' to a point on the West Right-of-Way line of Arizpe Road; Continuing along the Right-of-Way line, S 31° 46' 13"E, for a distance of 2557.21' to a point at the intersection of and in the Right-of-Way of Arizpe Road and the North Right-of-Way of Lower Seguin Road; Continuing along the Right-of-Way of Lower Seguin Road, S 75° 40' 17"W, for a distance of 53.37' to a point; Crossing Lower Seguin Road to the South Right-of-Way of said Road, S 34° 45' 54" E, for a distance of 94.66' to a point; Continuing along the Right-of-Way, S 59° 20' 38" W, for a distance of 73.43' to a point, said point being the most Northeastern corner of a 8.025 Acre listed with Guadalupe County Appraisal District, Account No. 69668; S 31° 58' 55"E, for a distance of 473.26' to a point; S 58° 53' 28"W, for a distance of 1359.92' to a point; S 32° 22' 22"E, for a distance of 191.82' to a point; S 57° 47' 06" W, for a distance of 384.69' to a point along the South Right-of-Way of Stohle Road, said point also being the most Southwestern point of a 0.50 Acre tract listed in Guadalupe County Appraisal District, Account No. 69665; Continuing along the South Right-of-Way, N 31° 26' 27" W, for a distance of 1144.77' to a point across Lower Seguin Road and on the North Right-of-Way of said road; Continuing along the North Right-of-Way line, N 76° 25' 18" W, for a distance of 43.93 to the POINT OF BEGINNING and containing 140.43 Acres more or less. Page 10 AREA #8 — 87.77 Acres BEGINNING: at a point on North Right-of-Way line of Arizpe Road, said point being 342.82' from the Southwestern corner of a 73.40 Acre tract listed in the Guadalupe County Appraisal District, Account No. 66230. THENCE: Continuing along the Right-of-Way, N 58° 34' 55" E, for a distance of 568.43' to a point; Following along Cibolo ETJ line, a tangent curve to the right with a radius of 26399.60', a tangent length of 2521.19', a central angle of 5° 28' 18", the chord of which bears N 61° 37' 27" W for a distance of 2520.23 feet to a point; Continuing along North Right-of-Way line, S 33° 08' 39" E, for a distance of 622.29' to a point, said point being the most Southeastern corner of 22.61 Acre tract listed in Guadalupe County Appraisal District, Account No. 69699; S 63° 21' 32" W, for a distance of 1876.04' to a point; N 31° 06' 22" W, for a distance of 2643.85' to the POINT OF BEGINNING and containing 87.77 Acres more or less. Page 11 EXHIBIT C ANNEXATION METES &BOUNDS MAP Page 12 --- -N___--------___--77 C) *. . m I7 Lam: 1 \,-- osill 111 — : _r. -1. 1411 'I ...Nil sawirAii• illft...il I . _ !Ini - arE:Fil - --.. ...-Ar _ -... MmsinorMm. O. =nu:.r—rig u. AREA#6 127.98 AC. A y ._. oe ---- - AREA#5 r1.52 AC. ... i auum I 8.88 C 3 AC. u I POO It 1 ii ____ .: roe 3111 -- - . ,. -1 1u _� AREA# r_-� �- p ... .. �..:,..,. 0 50.05 AC- 1 ... , II.,et -"4.1. '-".'"'177.14.1. 5.37 AC. lic----/ -I___.____ .'"'".. - -------.---r- •- N.& ____-.1.6._71; I I � 4 i I i , 2010 1 1 . i ---------® [.,"°1 Lb 1 ----5 CITY LIMITS.AATD ETJ MAF N..* ti.a,.q.Lholt OF THE CITY OF MOLD , ....... o°l°En KLEIN ENGINEERING,INC — — - DAM a�syeinm n.pro.r in - __— __--__ _ - --— rna,nrrvn,.,weni.eo ----- --• — 11•110•0•1.14. -T. 1 EXHIBIT D 2010 ANNEXATION PROGRAM CITY OF CIBOLO, TEXAS SERVICE PLAN - SEPTEMBER 7,2010 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 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 the water service area of Green Valley Special Utility District. All of the newly annexed properties are within the wastewater service area of Green Valley Special Utility 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 owned or maintained by Green Valley Special Utility District at the time of the proposed annexation shall continue to be maintained by Green Valley Special Utility District. All water/wastewater facilities which may be acquired subsequent to the annexation of the proposed areas shall be maintained by the City of Cibolo and Green Valley Special Utility District, to the extent of the ownership of each in said facilities. The now existing water/wastewater mains at existing locations shall be available for the point of use extension based upon the City of Cibolo and Green Valley Special Utility District standard extension policies now existing or as may be amended. On-site sewerage systems may be maintained in accordance with the City of Cibolo Code of Ordinances. Page 13 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 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 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. Page 14 CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 21/2 YEARS 1. Police and Fire Protection and Solid Waste Collection The City of Cibolo, Texas, finds and determines that it is not necessary to acquire or construct any capital improvements within 21/2 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 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 1/2 years of the effective date of the annexation of the particular annexed areas because the area being annexed is located within the water and wastewater service area of Green Valley Special Utility District. 3. Roads and Streets The City of Cibolo, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 21/2 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 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. 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, 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. Page 15 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 16