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"City of Choice"
ORDINANCE NO. 9 6 3
PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY LIMITS BY THE
ANNEXATION OF TRACTS OF LAND THAT CONTAIN AN AGGREGATE AREA
OF 66.71 ACRES WITHIN THE ANNEXATION AREA REFERRED TO AS
ANNEXATION AREA 3, BEING GENERALLY LOCATED EAST AND SOUTH OF
THE CORPORATE LIMITS OF THE CITY OF CIBOLO,BETWEEN SCHMOEKEL
ROAD AND F.M. 78,ADJACENT TO THE EXISTING CITY LIMIT BOUNDARY OF
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
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WHEREAS,the City of Cibolo executed Non-Annexation Agreements for properties eligible
for said Non-Annexation Agreements, which were approved by City Council on December
14, 2010 by Resolution 1414; 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 23`d day of November, 2010,the City
Council of the City of Cibolo, Texas held public hearings on the proposed annexation of
approximately 66.71 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' and `B', 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' and `B', 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' and `B', are
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
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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 'C' is hereby approved and the implementation of said plan is
hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit 'C'.
SECTION 4. This ordinance shall be effective from and after February 8, 2011.
PASSED AND APPROVED this, the 8th day of February 2011.
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Wk f' A IAN, MAYOR
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PEGGY CIMICS, CITY SECRETARY w
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EXHIBIT A
ANNEXATION AREA METES &BOUNDS DESCRIPTION
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Field Notes for a 66.71 Acres of land to be annexed into the City of Cibolo, Guadalupe
County, Texas; said 66.71 Acres of land is adjacent andfor surrounded by the existing
City Limits or ETJ of the City of Cibolo,Guadalupe County,Texas.
AREA#3
BEGINNING: at a point on the Northwestern line of the Right-of-Way of Arizpe
Road, said point being approximately 911.16' from the most
Southern corner of a 73.39 Acre tract listed in the Guadalupe
County Appraisal District, Account No. 66230, and POINT OF
BEGNNING of herein described 265.35 Acre tract.
THENCE: N 59'56' 09"E,for a distance of 353.36' along the Northwestern
Right-of-Way line of Arizpe Road to a point,
N 29`03' 13"W,for a distance of 110537'to a point;
N 82°04'30"E,for a distance of 1002.62' to a point;
N 61' 23' 08"E,for a distance of 164.42'to a point;
S 30'42' 32"E,for a distance of 88.95'to a point;
N 59" 17' 28"E, for a distance of 1459.18'to a point;
N 31°09'43"W,for a distance of 65.51' to a point;
N 60' 19' 48" E,for a distance of 1971.21' to a point on the East
Right-of-Way of Pfanntstiel Lane;
Continuing along the East Right-of-Way of Pfannstiel Lane,
S 01' 16' 11"E,for a distance of 236.86'to a point;
S 09'02'24"W,for a distance of 104.27' to a point;
S 32'34'23"W,for a distance of 130.38'to a point;
S 63' 25' 56"W, for a distance of 49.01'to a point;
S 77 11' 51"W,for a distance of 76.12'to a point;
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S 88'30'50"W,for a distance of 14436'to a point;
S 74° 13'01"W,for a distance of 259.41'to a point;
5 47°58'06"W,for a distance of 247.44'to a point;
S 36°32'20"W,for a distance of 243.63'to a point;
S 27°00' 33"W,for a distance of 299.41'to a point;
S 19°48'49"W,for a distance of 544.93'to a point;
S 16°10'50"W,for a distance of 141.54'to a point;
S 274 33'26"W,far a distance of 161.15'to a point;
S 05° 13'30"W,for a distance of 145.58'to a point;
S 12°03'04"E,for a distance of 206.63'to a point;
S 27°26' 13"W,for a distance of 132.83'to a point;
S 340 59'44"W,for a distance of 191.41' to a point;
S 42°35'48"W,for a distance of 226.49'to a point;
S 490 30'02"W, for a distance of 161.34'to a point;
S 59°44'03"W,for a distance of 207.70' to a point;
N 80°58'21"W,for a distance of 509.17' to a point;
S 56°36'50"W,for a distance of 47.12'to a point;
S 52°48'57"E,for a distance of 86.24'to a point;
S 35° 10'48"E,fora distance of 145.78'to a point;
S 30°47' 12"E,for a distance of 723.21'to a point;
Leaving Pfannstiel Lane and continuing along a chord of which
hears N 53' 07' 00" W, for a distance of 6379.56'; the curve
having a radius of 26400.00', a curve length of 6395.19' and a
central angle of 13' 52'46"to point on the North Right-of Way of
Lower Seguin Road;
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Continuing along the North Right-of-Way, N 62' 51' 11"E, for a
distance of 769.93'to a point;
N 69°59'37"E,for a distance of 124.54'to a point;
Crossing Lower Seguin Road and continuing S 30414'25"E,far a
distance of 3725.05'to a point;
561°31'40"W,for a distance of 68031'to a point;
Continuing along a chord of which bears N 49' 58' 24" W, for a
distance of 11865,32'; the curve having a radius of 26400.00', a
curve length of 11967.53' and a central angle of 25°53'23"found
West of the said chord to the POINT OF BEGINNLNG and
containing 265.35 Acres more or less.
The annexed area is to include 265.35 Acres as described above
less the following parcels:
- Gsind1lupe County Appraisal District Account No.69705
Stolle,Clayton L.(5.4900 Ac.)
- Guadalupe County Appraisal District Account No. 61859
Pfannstiel,Gladys(29.0000 Ac.)
- Guadalupe County Appraisal District Account No.61862
Pfannstiel,Gladys(11.7500 Ac.)
- Guadalupe County Appraisal District Account No.61858
Pfannstiel,Gladys(11.2100 Ac.)
- Guadalupe County Appraisal District Account No. 61854
Pfannstiel,Gladys(39.5800 Ac.out of 294.5800 Ac.)
- Guadalupe County Appraisal District Account No.61868
Schmoekel,Barbara Ann(15.8100 Ac.out of 21.70130 Ac.)
- Guadalupe County Appraisal District Account No.61866
Schmoekel,Leroy P(2.2800 Ac.out of 62.1500 Ac.)
- Guadalupe County Appraisal District Account No. 61822
Sohn-locket,Barbara Ann(0.4600 Ac.)
- Guadalupe County Appraisal District Account No.63297
Adams,Gifford A.(37.2900 Ac.)
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- Guadalupe County Appraisal District Account No. 61100
Adams, Gilford A. (46.1700 Ac.)
for a total area to be annexed: 66.71 Acres.
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EXHIBIT B
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ANNEXATION METES &BOUNDS MAP
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EXHIBIT C
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2010 ANNEXATION PROGRAM
CITY OF CIBOLO, TEXAS
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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
provider. After the second anniversary of the annexation date,the City will impose fees and provide the
service.
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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 212 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.
2. Water/Wastewater Facilities
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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 1h 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/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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