ORD 946 09/07/2010 o Cit
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ORDINANCE 9 4 6
AN ORDINANCE SETTING DATES, TIMES AND PLACE FOR PUBLIC HEARINGS ON
THE PROPOSED ANNEXATION OF APPROXIMATELY 588.98 ACRES OF LAND
GENERALLY LOCATED EAST OF THE CORPORATE LIMITS OF THE CITY OF
CIBOLO BETWEEN SCHMOEKEL ROAD AND F.M. 78 BY THE CITY OF CIBOLO
AUTHORIZING AND DIRECTING THE PUBLICATION OF THE NOTICE OF SUCH
PUBLIC HEARINGS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PREPARE A SERVICE PLAN.
WHEREAS, Texas Local Government Code Section 43.021 authorized 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, provided 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) provides that an area proposed
for annexation containing fewer than one hundred (100) separate tracts of land of 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 not be annexed before the third
anniversary of the date that the annexation plan is adopted; and
WHEREAS, the areas described herein that are proposed for annexation 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, the City Council of the City of Cibolo believes that it is in the best interest of the
City of Cibolo to institute annexation proceedings for the areas described herein.
NOW THEREFORE BE IT ORDAINED THAT THE CITY COUNCIL OF THE CITY
OF CIBOLO,TEXAS:
Section 1: On Tuesday, the 9th day of November, 2010 and Wednesday, the 10th of November,
2010, at 7:00 p.m., in the City Council Chambers of the City of Cibolo, the City Council of the City of
Cibolo will hold Public Hearings giving all interested persons the right to appear and be heard on the
proposed annexation by the City of Cibolo, of the following described properties, to wit:
Approximately 588.98 acres of land generally located east of the corporate limits of the City
of Cibolo between Schmoekel Road and F.M. 78, as defined in Exhibit A by the tract labeled
as Area#3.
Section 2: The City Manager of the City of Cibolo is hereby authorized and directed to cause
notice of such Public Hearings to be published once in a newspaper having general circulation in the
City of Cibolo not more than twenty (20) days, nor less than ten (10) days, prior to the date of such
Public Hearings, in accordance with Texas Local Government Code Section 43.063(c), as amended.
Section 3: The City Manager of the City of Cibolo is hereby authorized and directed to
prepare a service plan that provides for the extension of full municipal services to the area to be
annexed pursuant to Texas Local Government Code Section 43.065(a).
PASSED AND APPROVED this, the 7th day of September 2010.
i . /i Glia -741q�N/
J lifer H./ an
ayor, Ci • of Cibolo
ATTEST:
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Peggy Cimics
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City Secretary,City of Cibolo �`" , , ., - '>
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EXHIBIT B'
2010 ANNEXATION PROGRAM
CITY OF CIBOLO, TEXAS
a 4
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 either the water service area of Green Valley Special
Utility District.
All of the newly annexed properties are within either 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 1
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 2
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 21/z 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 Y2 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/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.
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.
Page 3
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local
Government Code.
Page 4
CITY OF CIBOLO 2010
ANNEXATION TIME LINE
INVOLUNTARY
Wednesday September 7, 2010 Direct staff to prepare an annexation
plan and approve an Ordinance that
establishes the dates and times for
Notices of Annexation to be published
and public hearings conducted.
Thursday September 9, 2010 § 43.062 - Prior to the 30th day before
the date of the 1st annexation hearing,
written notice must be provided to:
1) each property owner in the
affected area;
2) each public entity in the area;
3) each railroad company on the city
tax roll if that company has right-of-
way in the annexation area.
Monday October 18, 2010 Provide City Secretary with Notice of
Annexation for publication in the
newspaper and on the city webpage.
Tuesday October 19, 2010 20 days prior to first public hearing
Wednesday October 20, 2010 20 days prior to second public hearing
Thursday October 21, 2010 &
Friday October 22, 2010 Publish notice of both public
hearings in newspaper & on the city
website until the date of the 2nd
public hearing
§ 43.905 — Provide Marion & Schertz
Cibolo Universal School District
formal written notice of the proposed
annexation.
Thursday October 28, 2010 40 days prior to annexation
Saturday October 30, 2010 10 days prior to first public hearing
Sunday October 31, 2010 10 days prior to second public hearing
Tuesday November 9, 2010 First Public Hearing
Wednesday Nov. 10, 2010 Second Public Hearing
Tuesday November 16, 2010 20 days prior to annexation
Tuesday December 7, 2010 Reading of Annexation Ordinance
Wednesday December 8, 2010 Post Annexation Notice & Mapping
US Department of Justice
Texas Secretary of State
Texas Comptroller
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Update City Maps
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