ORD 970 04/26/2011 0 . 0
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"City of Choice"
ORDINANCE NO. g 7 n
PROVIDING FOR THE CONTRACTION OF CIBOLO, TEXAS CITY LIMITS BY
DISANNEXING TWO TRACTS OF LAND THAT CONTAIN AN AGGREGATE
AREA OF 2.60 ACRES,BEING GENERALLY LOCATED SOUTH OF INTERSTATE
HIGHWAY 10 AND ALONG AND IMMEDIATELY EAST OF SOUTH SANTA
CLARA ROAD, ADJACENT TO THE EXISTING CITY LIMIT BOUNDARY OF
THE CITY OF CIBOLO,GUADALUPE COUNTY,TEXAS.
WHEREAS, Texas Local Government Code section 43.142 authorizes the City of Cibolo, as
a home-rule municipality, to disannex area in the municipality in accordance with the City of
Cibolo City Charter and consistent with all procedural rules prescribed by Texas Local
Government Code Chapter 43 Subchapter G; and
WHEREAS, section 1.04 of the City Charter of the City of Cibolo provides that the City
Council has authority by ordinance to identify territory not suitable or necessary for City
purpose and to disannex said territory as part of the City in accordance with state law; and
WHEREAS, the City Council of the City of Cibolo, made the finding that the City of New
Berlin, annexed properties at the intersection of South Santa Clara Road and Gin Road during
2007 that resulted in the expansion of the City of New Berlin Extraterritorial Jurisdiction
(ETJ) north along South Santa Clara Road toward the City of Cibolo ETJ; and
WHEREAS, the City Council of the City of Cibolo, found the City of New Berlin, while
failed to provide Guadalupe County with documentation of the said 2007 annexations
expanding the corporate boundaries of the City of New Berlin, and by association it's ETJ;
and
WHEREAS, the City Council of the City of Cibolo, hereby finds and determines that it is in
the best interest of the City of Cibolo to disannex said area rather than litigate with its New
Berlin neighbor which City has jurisdiction in the area.
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS:
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SECTION 1. The land and territory lying within the City of Cibolo, Texas, more particularly
described in Exhibits 'A' and `B', attached hereto and incorporated herein by reference, more
particularly described as Area 1 and Area 2, are hereby subtracted and disannexed out of the
City of Cibolo, Texas, and said territory, as described, shall hereafter not 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 not include said areas within the corporate limits of the City of Cibolo, Texas.
SECTION 2. The land and territory more particularly described as Area 1 and Area 2 on
Exhibits 'A' and 'B' are attached hereto and incorporated herein by reference, shall be
excluded as a part of the City of Cibolo, Texas and inhabitants thereof shall not be entitled to
any of the rights and privileges as citizens and shall not be bound by the acts, ordinances,
resolutions, and regulations of the City of Cibolo, Texas.
SECTION 3. The service plan adopted as Exhibit 'C' to Ordinance Number 960 shall hereby
be null and void relative to the properties described in this disannexation ordinance.
SECTION 4. This ordinance shall be effective from and after April 26, 2011.
PASSED AND APPROVED this, the 26th day of April 2011.
•
/ 4.4.11/47/n
J _ WEI' HARTMAN
MAYOR
ATFEST:
9 i •
PEGGY CIMICS
CITY SECRETARY
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DISANNEXATION AREA METES&BOUNDS DESCRIPTION
EXITIBIT A
FOR T.HI?
CITY OF CIBOLO,TEXAS
Field Notes for a 2.6060 Acres of land to be de-annexed by the City of Cibolo,
Guadalupe County, Texas; said 2.6060 Acres of land is adjacent to the existing City
Limits or ETT of the City of.Cibolo,Guadalupe County,Texas.
AREA#1
BEGINNING: at a point at the Southeast corner of a 342580 Acre tract listed in
the Guadalupe County Appraisal District,Account No.63368,and
POINT OF BEGINNING of herein described 0.6000 Acre tract
and contained within the Right-of-Ways of Santa Clara Road.
THENCE: N 59" 18'25"E,for a distance of 96.29'to a point;
S 30°41'35"E,for a distance of 233.53' to a point;
S 11°38'20"W,for a distance of 131.91' to a point;
N 31° 59' 02" W, for a distance of 331.13' to the POINT OF
BEGINNING and containing 0.6000 Acres more or less.
AREA#2
BEGINNING: at a point at the Northwest corner of a 2.0060 Acre tract listed in
the Guadalupe County Appraisal District, Account No.70961,and
POINT OF BEGINNING of herein described 2.0060 Acre tract.
THENCE: S 59°47'32"W,for a distance of 373.54' to a point;
jI. �/ N 31°44' 11"W,for a distance of 225.04'to a point;
,1yyy'TYS}SS Yi•J t'r i T' N 57°31'25"E,for a distance of 377.98' to a point;
r
S 30° 39' 11" E, for a distance of 239.93' to the POINT OF
;*3sf
BEGINNING and containing 2.0060 Acres more or less.
I;OF s(11.41 i; VON IV
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EXHIBIT B
DISANNEXATION METES & BOUNDS MAP
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