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ORD 976 06/28/2011 (� j * �rx0 * , 3 1� ll�t e,X. AS "City.of Choice" ORDINANCE NO. q 7 6 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO CONFIRMING AND APPROVING A BOUNDARY AGREEMENT ESTABLISHING THE EXTRATERRITORIAL JURISDICTION (ETJ) BOUNDARY BETWEEN THE CITY OF CIBOLO AND THE CITY OF NEW BERLIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cities of Cibolo and New Berlin (collectively referred to as the "Cities") are neighboring and adjacent municipalities that currently, or will in the future, share common boundaries, and that are empowered by state law to establish respective corporate boundaries; and WHEREAS, the Cities seek to avoid conflicts and uncertainty relative to the extent and location of their respective ETJ; and the potential for litigation involving the same; and WHEREAS, the Cities, desire to approve, a boundary survey and legal description, which is attached and incorporated herein as Exhibit "A" (hereafter referred to as the "Boundary Agreement") which confirms and adjusts their ETJ boundaries as described by Exhibit "A"; and WHEREAS, each of the Cities has reviewed their respective ETJ boundaries based upon their respective populations, relative to Chapter 43 of the Texas Local Government Code; and WHEREAS, the Cities find and determine it necessary for the health, safety and welfare of their residents to confirm boundaries and make certain agreements and adjustments regarding their respective ETJ boundaries; and WHEREAS, the City Council of the City of New Berlin, on May 16, 2011, adopted a resolution approving the Boundary Agreement with the City of Cibolo, as attached and incorporated herein as Exhibit"B"; and WHEREAS, Section 1.03 (1) and Section 1.03 (3) of the City Charter of the City of Cibolo provides that the City Council has authority by ordinance to fix the City limit boundaries, Page 1 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 to extend the ETJ boundaries as provided by state law; and WHEREAS, pursuant to Texas Local Government Code section 42.021 the extraterritorial jurisdiction of municipality with 5,000 to 24,499 inhabitants extends one mile; and WHEREAS,the population of the City of Cibolo, Texas is in excess of approximately 20,000 but less than 24,499 inhabitants. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. The City of Cibolo City Council hereby adopts the attached Exhibit "A" which is incorporated herein as if fully laid out herein, recognizing the Boundary Agreement that depicts the ETJ boundary between the City of Cibolo and City of New Berlin and hereby establishes its municipal and extraterritorial boundaries consistent therewith in the area described. SECTION 2. This ORDINANCE shall be effective from and after June 28, 2011. PASSED AND APPROVED this, the 28th day of June 2011. Nait%oxv( nnifer artman, Mayor ATTEST: x/19 ' Peggy Cimics, City Secretary Page 2 EXHIBIT "A" CIBOLO/NEW BERLIN ETJ BOUNDARY (Graphically) i AKE / ( UNE LLENGT� u• MA aaroeaa w —� �..1 1 u atsse snro.orrr 1 ----- La mall Sr a.oCw ?�� - '`1 jf - is 2SLOS �IEaM�M ITIi I - tD ?Sa.S, ♦Mari/ Lir mars Ss"Ol«w N L7. 32.51 sl0'ltoW I 1' t 1 ' u rani sarsrwt L: ': { u Carni wort 'W US male fisrusirIf f _.— .---- I_ _ '1 L1 Mai SWIr11'[ -I ,� ?..��pt,_ us ,+eer seral�sw " '4.ktivt `! Lna1 Ka, w LH a71a.N. ssetsr T11 ( � us sail saa9741'6 I t Ln SsrtssiliS' {+ I, Ln' tre.7I ssrsls9w; I I r to wags as,artsro �_ w. -II - ,� y ..'�•..� ;' . L,. ,!`6b,, alr7RlTW 1 l I lit4 1 = I 1 .,j MN [ • ; If--------1.--_ I __ 1 i 63357 ----.. . COLLA AUGUST C E 74-1----to M P.o° i 73.8190 AC - _.. - ---- -=-K99i FEET fltOM SE CORNER _ _- __y,POE OF SAID PROPERTY _ I.:4 J t /j , �. y:�R%► �' ' .e �AuitIwai �vOcwetEuvuacTRUST ��/�ir"���R.AI41I 17.8570 AC / 1 G: POS IS SS50 FEET AtON 1NT8tSECTION OF �4►�, � ? �'�►► C0.311✓At•IOONTFiEotJfHR.O.w. r►i rt�' — ���r ��rill. jt►�N i V: ►'p' Page 3 EXHIBIT "A" CIBOLO/NEW BERLIN ETJ BOUNDARY (Metes and Bounds Description) N'EW BERLIN--JUNE 14,2011 FOR THE CITY OF CIBOLO,TEXAS -Field Notes for the Junction of the City of Cibolo and the City of New Berlin statutory Extra Territorial Jurisdiction(ETJ). AREA#1 BEGINNING: at a point at 5850'from the intersection of C.1?.311 end I40 along the South Right-of-Way and along the property line of a 27.8570 Acre tract listed in the Guadalupe County Appraisal District; Account No.65896,and is the PQM'OF BEGMNJNG.of hcrcin described junction of the City of Mob and the City of New Berlin statutory Extra'[lerritorial Jurisdictions(ETJ). THENCE: Continuing along the South Right-of-Way of I-I0,3"73°06'00"W, for adistanceof 553.66'to apoint; S 73°06'00"W,fora distance of 305_55'to a point; S 73°06'00"W,for a distance of 310.05'to apoint S 73°06'00"W,for a distance of 264_65'to apoint S 73°06'00"W,far a distance of 239.12'to a paint, S 73°06'00"W.fora distance of 1028.72'to a point; Leaving I-10 Right-of-Way and coutuaning along the.East Right-of- Way of FAL 465,S 03°33' 16"W, for a distance of 323:56'to a Pah S 30°27'45"E,for a distance of 214.76'to a point; Crossing F.M. 465 to the West Rigld-of--Way of F.M. 465, 5 59°32'15"tib,fora distance 01.192.71'to a point•, leaving F.M.465 and continuing S 60°13'59"R,for a distance of 1353.85'to a point; S 29°58'21"E,fora distance of 573.94'to a point; S 60°01'39"W,for a distance of 142.49'to apoint; I 0601311 Page 4 ld 3?38'53"W.for a distance of 552.05'to a point; S 59°00'47"W,for a distance of 5725.86'to a point on the Ess{ Right-of-Way of South Santa Clara Rd.; Continuing along the East Right-of-Way of South Santa Clara Rd., S 30°43'41"E,fora distance of 623.111'to a point Crossing South Santa Clara Rd.to the West Right-of-Way of Santa Clarand.,S 59°18'25"W,for a distance of 96.29'to a point; Leaving the East Right-of-Way of South Santa Clara Rd. and continuing,S 59°21'29"W.for a distance of 1570.76'to a point; S 31°3T 15"E,fora distance of 697,80'to a point; S 58°36'27"W,for a distance of 1376.87'to a point; S 58° 26' 02"W, for a distance of 1215.50' to the POINT OF ENDING which is 596' from Southeast corner of a 73.8190 Acr©1y property"listed with the Guadalupe County Appraisal District as Account No.63357. VN„~4� /SOI' ' lr 79689 . 4/:64a: Waile Page 5 EXHIBIT "B" CITY OF NEW BERLIN BOUNDARY RESOLUTION RESOLUTION NUMBER • State of Texas City of New Berlin A RESOLUTION DEFINING BOUNDARY BETWEEN THE CITIES OF NEW BERLIN AND CIBOLO, TEXAS WHEREAS, the area of Extraterritorial Jurisdiction (ETJ) of the cities of New Berlin and Cibolo, Texas join, and WHEREAS, the City of Cibolo, Texas has proposed a common boundary, and WHEREAS, the Council of the City of New Berlin, Texas has reviewed the proposed boundary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BERLIN, TEXAS: 1) A line that depicts the boundary of the City of New Berlin, Texas is defined a. The east line of Santa Clara Road defines the western boundary b. The north boundary is defined by the north line of property described as ABS: 313 SUR: fl Torres 2.5960 AC. Then eastward along the north line of property described as ABS: 313 SUR: G.Torres 72.2100 AC. Then south along the east line of property described as ABS: 313 SUR: G.Torres 72.2100 AC. Then east along the north line of property described as ABS: 313 SUR: G Torres 59.5000 AC to the southwest point of property described as ABS: 313 SUR: G Torres 19.3300 AC. Then north along the west line and east along the north line of property described as ABS: 313 SUR: G Torres 19.3300 AC to Linne Rd (or Center Street) then north to and east along the south line of Interstate Highway 10 to the limit of the ETJ of the city of Cibolo. 2) The map at attachment A shows the boundary as defined. This resolution was approved by the City Council.of New Berlin,Texas on: "Noy la, zoxl 'APPROVED jPZ 07-4 Mayor) PASSED: ',Lai Up t 2. 49(- Page 6 I,the undersigned, Q e-ea-c.¢v , do hereby certify thatg the above is a true an correct copy of an ordinance duly adopted bye the C.i 3y co�,f t v./ (`,t+,4 o-P We to ,at a regular meeting duly convened on rK (Loi 2-ID Il (Secretary or responsible person) .., '4 ,1}.i'i'i ., - '.•"'6V §,• s`"ns ~ I- i 4.1 --'""'� 44 4�' :!►l►'A1 :414 , VVI 3 s' _%.......F.41;1111 I .....0 ...20'16",.....ii.g--.1.,.............01.1r,r1410.tottpio4.14:14 ......„,„....4., ........... .....,,,F „itip. ez--.4 .._ so. tin. or-. —...1.----..... .,-,-0 .4,„ AfArtt` e4'R "` �■••0.1r "r ' h► 0,4cilk "rM+ dS( ��, 'r . rFy s—...... .........__,..vr-....A.„.. 1,.. 40 to _ , 0t �."_i �!�_.,4f 'k ' /t" i" s Wit' /I1ir Page 7