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ORDINANCE NO. 9 6 0
PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY LIMITS BY THE
ANNEXATION OF TRACTS OF LAND THAT CONTAIN AN AGGREGATE AREA
OF 210.06 ACRES WITHIN THE ANNEXATION AREA REFERRED TO AS
ANNEXATION AREAS 1, 1A AND 1B,BEING GENERALLY LOCATED EAST AND
SOUTH OF THE CORPORATE LIMITS OF THE CITY OF CIBOLO, BETWEEN
BOLTON ROAD AND GIN ROAD AND ALONG 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
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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 twelve (12) Non-Annexation Agreements for
properties comprising an aggregate area of 357.14 acres and said Non-Annexation
Agreements were approved by City Council on December 14, 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 22nd day of November 2010 and the 23111day of November, 2010, the City
Council of the City of Cibolo, Texas held public hearings on the proposed annexation of
approximately 567.20 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 October 29, 2010 and October 31, 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,
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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 `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 December 14, 2010.
PASSED AND APPROVED this, the 14th day of December 2010.
i4 Ad1ENNIFE 'HAtd..,s_.1- ,/AN
MAYOR
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PEGGY CIMICS
CITY SECRETARY y -
Page 3
EXHIBIT A
ANNEXATION AREA MAP
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EXHIBIT B
ANNEXATION AREA METES &BOUNDS DESCRIPTION
Field Notes for 210:06 (Area#1=185.39,Area#1A=14.06 and Area#1B=10.61)Acres of
land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 210.06 Acres
of land is adjacent and/or surrounded by the existing City Limits or ETJ of the City of
Cibolo, Guadalupe County, Texas.
AREA #1
BEGINNING: at the most Eastern corner of a 76.70 Acre tract being listed in the
Guadalupe County Appraisal District, Account No. 63574, and
POINT OF BEGINNING of herein described 542.53 Acre tract.
THENCE: S 58° 37' 05"W,for a distance of 1596.83' to a point;
N 31° 13' 18"W, for a distance of 3333.36' to a point on the IH-10
Southern Right-of-Way;
Continuing along the IH-10 Right-of-Way S 66° 12' 11" W, for a
distance of 739.64' to a point;
S 88° 00' 06"W, for a distance of 107.72' to a point;
S 66° 12' 11"W,for a distance of 1300.21'to a point;
N 82° 50' 14"W,for a distance of 116.63' to a point;
S 66° 12' 11"W,for a distance of 860.52' to a point;
N 32° 52' 42" W, for a distance of 339.23' to a point across TH-10
to the North Right-of-Way of 111-10;
Continuing along the Right-of-Way of 1H-10, N66° 25' 53" E, for
a distance of 2314.26' to a point;
Leaving the Right-of-Way of 111-10.and continuing along a chord
of which bears N 24° 33' 56" W for a distance of 2125.83', the
curve having a radius of 26400.00' and a length of 2126.41' with a
central angle of 4° 36' 54"to a point;
N 59° 26' 08"E, for a distance of 3764.20' to a point;
S 30° 54' 34"E,for a distance of 1224.82' to a point;
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N 61° 48' 23"E, for a distance of 1108.08' to a point;
S 28° 40' 41" E, for a distance of 1770.94' to a point across IH-10
on the South Right-of-Way;
Continuing along the South Right-of-Way of IH-10, S 66° 12' 11"
W, for a distance of 237.06' to a point;
Leaving the South Right-of-Way of IH-10, S 30° 50' 01" E, for a
distance of 901.36' to a point;
S 60° 16' 14" W, for a distance of 381.58' to a point;
S 31° 44' 11"E, for a distance of 942.20' to a point;
S 57° 31' 25" W, for a distance of 377.98' to a point on the North
Right-of-Way of Santa Clara Road;
Continuing along the North Right-of-Way of Santa Clara Road, S
31° 01' 35"E,for a distance of 321.64' to a point;
Leaving the North Right-of-Way of Santa Clara Road, S 27° 04'
37" W, for a distance of 115.39' to a point across on the South
Right-of-Way of Santa Clara Road;
Leaving the South Right-of-Way of Santa Clara Road, S 59° 21'
29" W, for a distance of 1570.76' to a point;
S 31° 37' 15" E, for a distance of 697.80' to the POINT OF
BEGINNING and containing 542.53 Acres more or less.
The annexed area is to include 542.53 Acres as described above
less the following parcels:
- Guadalupe County Appraisal District Account No. 63574
Vu,Thuan M(76.7000 Ac.)
- Guadalupe County Appraisal District Account No. 63435
Meyer,Valeska H (18.1600 Ac.)
- Guadalupe County Appraisal District Account No. 63972
Meyer, Valeska H (14.0000 Ac.)
- Guadalupe County Appraisal District Account No. 63973
Meyer,Valeska H (1.0000 Ac.)
Page 7
- Guadalupe County Appraisal District Account No. 63980
Scheel Family Trust No.2(94.0360 Ac.)
- Guadalupe County Appraisal District Account No. 63501
Scheel Family Trust(65.4600 Ac.)
- Guadalupe County Appraisal District Account No.71055
Schmoekel,Donna(3.0000 Ac.)
- Guadalupe County Appraisal District Account No. 71075
Pfannstiel, Sammy(2.9300 Ac.)
- Guadalupe County Appraisal District Account No.71014
Pfannstiel, Sammy(1.0600 Ac.)
- Guadalupe County Appraisal District Account No.70990
Murphey,Joann F. &Claudette June Turk(6.0380 Ac.)
- Guadalupe County Appraisal District Account No. 63369
Haecker,Ralph A&G(40.5000 Ac.)
- Guadalupe County Appraisal District Account No. 63368
Haecker,Ralph A&G(34.2580 Ac.)
for a total area to be annexed: 185.39 Acres.
AREA #1A
BEGINNING: at the most Eastern corner of a 14.9480 Acre tract being listed in
the Guadalupe County Appraisal District,Account No. 63496,said
point also being on the North Right-of-Way of IH-10 and being the
POINT OF BEGINNING of herein described 14.06 Acre tract.
THENCE: Leaving the North Right-of-Way and crossing IH-10, N 32° 01'
06" W, for a distance of 323.32' to a point on the South Right-of-
Way;
Continuing along the South Right-of-Way of IH-10,N 66° 12' 11"
E,for a distance of 1914.84' to a point;
Leaving the South Right-of-Way of IH-10 and crossing IH-10, S
31° 36' 08" E, for a distance of 322.99' to a point on the North
Right-of-Way of IH-10;
Page 8
Continuing on the North Right-of-Way of IH-10, S 66° 12' 11"W,
for a distance of 1912.54' to the POINT OF BEGINNING and
containing 14.06 Acres more or less.
AREA #1B
BEGINNING: on the South Right-of-Way line of IH-10 and at the Northeast
corner of a 1.22 Acre tract; said tract being listed in the Guadalupe
County Appraisal District, Account No. 63432, and being the
POINT OF BEGINNING of herein described 10.61 Acre tract.
THENCE: Continuing along the South Right-of-Way of IH-10; S 66° 12' 11"
W,for a distance of 347.92' to a point;
S 60°29' 33"W, for a distance of 201.00 to a point;
S 66° 12' 11"W,for a distance of 1000.79 to a point;
Leaving the South Right-of-Way of IH-10, N 21° 14' 47" E, for a
distance of 523.66' to a point on the North Right-of-Way of IH-10;
Continuing along.the North Right-of-Way of IH-10,N 66° 12' 11"
E, fora distance of 314.73' to a point;
S 23°47' 49"E,for a distance of 30.00' to a point;
N 66° 12' 11"W,for a distance of 816.21' to a point;
Leaving the North Right-of-Way of IH-10, S 32° 11' 24" E, for a
distance of 323.46' to the POINT OF BEGINNING and containing
10.61 Acres more or less.
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Page 9
EXHIBIT C
ANNEXATION METES & BOUNDS MAP
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EXHIBIT D
2010 ANNEXATION PROGRAM
CITY OF CIBOLO, TEXAS
SERVICE PLAN FOR DECEMBER 14,2010 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 and waste water service area of Green Valley
Special Utility District.
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 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.
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
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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 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 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 12
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 'h 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 2'h 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, 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.
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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