ORD 981 08/09/2011 J O F C/
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"City of Choice"
ORDINANCE NO. /
AN ORDINANCE ADOPTING A MAP RECOGNIZING THE
EXPANSION OF THE CITY OF CIBOLO, TEXAS
EXTRATERRITORIAL JURISDICTION BY 123.62 ACRES BASED ON
THE ANNEXATION OF A CERTAIN PROPERTY AND THE
ACCEPTANCE OF A NON-ANNEXATION AGREEMENT.
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, 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
WHEREAS, the City of Cibolo executed one (1) Non-Annexation Agreement with an
eligible property owner within the annexation area and said Non-Annexation Agreements was
approved by City Council on August 9, 2011 by resolution; 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
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WHEREAS, on the 14th day of June, 2011, the City Council of the City of Cibolo, Texas
annex properties along Interstate Highway 10, east of FM 465 and east of Schwab Road, and
WHEREAS, pursuant to Texas Local Government Code section 42.022 when a municipality
annexes an area, the extraterritorial jurisdiction of the municipality expands with the
annexation to comprise, consistent with Section 42.021 the area around the new municipal
boundaries; 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 18,000
inhabitants,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 automatic expansion of its
extraterritorial boundaries in the area represented by Exhibit 'A".
SECTION 2. This ordinance shall be effective from and after August 9, 2011.
PASSED AND APPROVED this, the 9th day of August 2011.
fIer .; man, Mayor
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ATTEST:
/ __.42-.7792,,....,_.z.,1...;,
Peggy Cimics, City Secretary
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EXHIBIT "A"
2011 CITY LIMITS & ETJ MAP (POST ANNEXATION)
CITY OF CIBOLO, TEXAS
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EXHIBIT B (Graphically)
AUGUST 9, 2011 ANNEXATION AREA
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EXHIBIT B (Metes and Bounds)
AUGUST 9,2011 ANNEXATION AREA
ANNEX MAP—AUGUST 9, 2011
FOR THE
CITY OF CIBOLO,TEXAS
Field Notes for 123.62 Acres of land to be considered for annexation into the City of Cibolo,
Guadalupe County, Texas, from the 123.62 Acre annexation area adjacent and/or surrounded
by the existing City Limits or ETJ of the City of Cibolo, Guadalupe County, Texas.
AREA #1
BEGINNING: at a point at the Northeastern corner of a 274.92 Acre tract listed in the
Guadalupe County Appraisal District, Account No. 65890 is the POINT
OF BEGINNING of herein described 123.62 Acre tract.
THENCE: S 30° 52' 46" E, for a distance of 3544.73' to a point crossing IH-10 to
the South Right-of-Way;
Continuing along the South Right-of-Way, S 73° 23' 48" W, for a
distance of 1865.39' to a point;
Leaving the South Right-of-Way of IH-10 and continuing N 23° 24'
15"W, for a distance of 2066.13' to a point;
Continuing along a chord of which bears N 23° 28' 19" W, for a
distance of 257.80', the curve having a radius of 10560.00', a curve
length of 257.80' and a central angle of 1° 23' 56"to point;
Continuing along a chord of which bears N 25° 26' 39" W, for a
distance of 793.69', the curve having a radius of 42240.00', a curve
length 793.70' and a central angle of 1° 04' 36"to a point;
N 59° 30' 19" E, for a distance of 1430.61' to the PONT OF
BEGINNING and containing 123.62 Acres more or less.
All of which will be covered by a Non-Annexation Agreement, and the
following 13.65 tract which would be annexed:
- Guadalupe County Appraisal District Account No. 65890
Espinoza Delgado Jose L &Jose L E Amezcua
(109.97 Ac. out of 274.9200 Ac.)
For a total of all area of 123.62 acres
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