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ORD 997 10/25/2011 ° C1& ``��1110111//Nbi, y'° N. a * ,� 1 ,�` --%•##,„„,0001.0%.a 7*t; XPS "City of Choice" ORDINANCE NO. 9 9 7 PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY LIMITS BY THE ANNEXATION OF TRACTS OF LAND THAT CONTAIN AN AGGREGATE AREA OF 523.79 ACRES, AS DEPICTED HEREIN AS ANNEXATION AREAS 1 AND 2, EACH LOCATED EAST OF CIBOLO CREEK, NORTH OF INTERSTATE HIGHWAY 10, SOUTH OF LOWER SEGUIN ROAD AND WEST OF THE EXISTING CITY OF CIBOLO BOUNDARY, 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 Page 1 WHEREAS, the City of Cibolo executed Non-Annexation Agreements for properties within the 1,606.41 acre annexation area that were eligible for said Non-Annexation Agreement, which was approved by City Council by Resolution on October 25, 2011; 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 13th day of September 2011, and the 27th day of September 2011, the City Council of the City of Cibolo, Texas held public hearings on the proposed annexation of approximately 1,606.41 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 August 19, 2011 and August 21, 2011, 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, more particularly described as Area 1 and Area 2, 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 comprising 523.79 acres; more particularly described as Annexation Area 1 and Area 2 on 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 Page 2 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 '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 October 25, 2011. PASSED AND APPROVED this, the 25th day of October 2011. JClef r 10 an Mayor ATTEST: Peggy Cimics City Secretary = - -' Page 3 EXHIBIT A ANNEXATION AREA METES &BOUNDS DESCRIPTION Field Notes for 523.79 Acres of land to be annexed into the City of Cibolo, Guadalupe County, Texas, from the 1,606.41 Acre annexation area (Arca 01-289.14; Area #2- 1,317.27) adjacent andlor surrounded by the existing City Limits or ETJ of the City of Cibolo,Guadalupe County,Texas. AREA#1 BEGINNING: at a point at the Southeastern corner of a 1.50 Acre tract listed in the Guadalupe County Appraisal District, Account No. 69611 is the POINT OF BEGINNING of herein described 289.14 Acre tract THENCE: S 59°55'35"W,for a distance of 119.03'to a point; 5 59°57'57"W,for a distance of 160.88'to apoint; S 59°$8'29"VT,for a distance of 59.60'to a point; S 59°42'40"W,for a distance of 145.86'to a point; 5 590 55 34"W,for a distance of55L49'to a point; S 64°16'00"W,for a distance of 68.11'to a point; S 59°10'20"W,for a distance of 1393.08'to a point; 5 60°02'54"VT,for a distance of 915.90'to a point; S 60°47'27"W,for a distance of 142.57'to a point; S 60°40'26"W,for a distance of 671.72'to a point; S 57 09'5 "W,for a distance of 266.00'to a point; S 59°39'06"W,for a distance of 395.61'to.a point; 5 59°47' 11"W.for a distance of 515.51'to a point; S 60°40'02"W,for a distance of 521A3'to a point; 101711 Page 4 S59°OS'56"W,for adistanee of 409.11"to a point; S 59°45'44"W,for a distance of 193A6'to a point on the Northeast.Right-or-Way of Weir Road; Continuing along the Northeast Right-of-Way of Weir Road,. N 76*.59'57"W,fa a distance of 270:73'to a point; N 83°18'49"W,fora distance of 9732'to a point; Leaving the Northeast Right-of-Wayand crossing Weir Road, S 21°47'30"W,for a distance of 70.52'to.apoint on Cibolo Creek; Following the Eastern meanders of Cibolo Creek,S 09'43"W, for a distance of 179.51'to a point; N-84°00'26"W,for a distance of 366.3'7'to n point; N 72°02'23"W,for a distance of 183.55'to a point; N46°35'13"W,for a distance of 10223'to a point; N 26°.12'55"W,for a distance of 100.49'to a point N28*18'36"E.,for a distance of 370.74ton point; N 18°32'47"E,for a distance of 106_41'to a poitit N 10°20'02"B,for a distance Of 388.06'to a point N 12°54'27"W,for a distance of 563.68'to a point; N 28°28'08"W,Tor a-distance of 224:52'to a point; N 42°26'25'W,for a distance of 183.51'to a point; Leaving the Easton'side of Cibolo Creek and erossingthe Lower SeguirtRoad,N 32°18'16"W,for a distance of 73.51"-to a point on the NorthRigh0f-Way ofLoWer Seguin Road; Continuing along Lower Seguin Road Right-of-Way, S83°34' 15"E,for a distance of 344,81'to a point; N 66v 51'46"P.,for a distance 01900'to a point; N 57°18'26"E1 for a distance of 178.63'to a point; 2 101711 Page 5 N 60a 59'04"E,for a distancc of 317.59'to a point; N 59°50'46"E,for a distance of 113796'to a point; N 60°42'58"Pi,for a distance of 274.32'to a point; N 60°28'49"E,for a distance of 697.99'to a point; N 66°34'34"E,for a distance of 187.18to a point; N 79° 14' 17"E,for a distance of 799.58'to a point; N 80°OS'05"E,for a distance of 2,86236'to a point; Leaving the North Right-of•Way and crossing South Lower Seguin Road,S 30°09'31"E,,for a distance of 831.02'back to thc POINT OF BEGINNING and containing 289.14 Acres more or less. The annexed area is to include 289.14 Acres as described above less the following parcels: - Guadalupe County Appraisal District AccotmtNo.69611 Rappmund,Leann&Terry (1.5000 AO - Guadalupe County Appraisal District Account No.69549 Jones,Earnest L.jr.and Edith L.llollins-jones (3.5100 Ac) - Guadalupe County Appraisal District Account No.69658 Crow',Norma Jean. (6.3000 AO - Guadalupe County Appraisal District Account No.69595 S chuld,Jeffrey&Erin (7.-0000 Ac.) - Guadalupe County Appraisal District Account No.69578 Cabe,Rory&Roberta (1.0000 Ac) - Guadalupe County Appraisal District Account No.69577 Cabe,Rory4.%Roberta (8.5900 Ac) - Guadalupe County Appraisal District Account No.69539 Beck,Daniel Ray (1.0000 Ac.) Page 6 - Guadalupe County Appraisal District AccountNo.69596 Sebald,Jeffrey S &Erin D. (1,0000 Ac) - Guadalupe County Appraisal District Account No,69544 McIntyre,Gail&Elaine McIntyre (7,0000 Ac.) - Guadalupe County Appraisal District Account No. 106457 McIntyre,Gail&Elaine Mclatyre (1.0500 Ac) Guadalupe County Appraisal District,AtcOunt No,110545 McIntyre,Gail&Elaine McIntyre (1.2500 Ae.) - Guadalupe County Appraisal District Account No.134116 McIntyre,Barbara 3. (1.0000Ac.) - GuadatupeCounty Appraisal.District Account NO..69546 McIntyre,Gail&Elaine:McIntyre (7,0000 Ac.) GuadalupeCOuntyAppraital District Accorint No.69539 Beck,Daniel Ray (121.6500 Ac.) - Guadalupe COuntyAppraisal District Account No,69610 Cieleaki,Freed B Jr. (0.7490 Ac.) - Guadalupe CountyAppraisal DistriotAcconnt.No,69608 Dear,Dannya,Catadace (1.9990 Ac.) for a total area to be annexed: 117.54 Acres. Page 7 AREA#2 BEGINNING: at a point at the Northeastern corner of a 57.50 Acre tract listed in the Guadalupe County Appraisal Distriet,,Account No. 63531 is the POINT OF BEGINNING of herein described 1,317.27 Ana;tract. THENCE: $31°00'59"E,for a distance of 1,026.59'to a point; S 59°15'02"V.fora distance of 3,918.50'to&point; S28°52'00E,fora distance of 379.81'to a point; S 59°49' 19"W,for a distetneo of 990.80'to a point on the East Right-of-Way of liacekesville Road; continuing along the East Right-of-Way of Haeckerville Road, S 37°34' 14"E,fern,distance of 270.71'to a point; S 49°49'57"E,for a distance of 1,421.24' to a point; S 30°18'35"E,for a distance of 1,006.95'to a point; Leaving th&East Right-of Way of Heeckerville Road, N 58°30' 14"E,for a distance of 2,121.50'to a point; S 30°36'00"B,for a distance of 3,880.14'crossing Bolton Road and continuing to apointon the North Right-of-Way of11110 West; Continuing along 111 10 West,S 66°07'23"W,for a distance of 1,235.57'to a point; Leaving the North Right-of Way of IH 10 West,N 29°19'32"W, for a distance of 699.91'to a point on the South Right-of-Way of Bolton Road; Continuing along the South Right-of-Way of Bolton Road, S 58°16' 19"W,for a distance of 1,902.88'to a point; S 31°32' 18"E,for a distance of 43336'to a point on the North Right-of-Way of11110 West; Continuing along the North Right-of-Way of-1E10\Vest, S 66°41'29"W,fern distance of 637.81'to a point; Page 8 „S63°12'50”W,for a distance of 595.08'to a point on the Cibolo Creek; Following the,meanders of Cibolo Creek along the East side, N 02°36'00"W for a distance of 174.21'to apoint; N 24°49' 13"W,for a distance of 182.08'to apoint; N 31°58' 13"W,for a distance of 187.83'to apoint N 49°21'43"W,for a distance of 201.95'to a point; N 43'21' 11"W,for a distance of 223.52'to a point; 3sT 28°41'-51"W,fOr a distance of 270.70'to a point; N41°24'43"\V,for a distance,of 191.25'to apoint; N 49°0137"W.,for a distance of 177.61'to apoint; N 33°06'30"W,fora distance of 119.65'to a point N 260 04'26"W,for a distance of 260,95'to npoint; N 27°20'09"W,for a distance of 174.80'to,apoint; N 17°49'52"W,for a distance of 173,52'to a:point; N 17°39'56"W,for a distance of 281,88'to a point; N,06°42'33"W,fora distance of 162.18'to apoint; N 26°29'57"E,for a distance of 390.42'to&point; N 33°00'48"W,for a distance of 245.02'to a point; N 49'51'07"W,for a distance of 151.06'.to a point; N78°27'20"Tit,for a distance of 44724'to apoint; N 89°48' 12"W,for adistance of 192.20'to apoint; N 83°23'02"W,for a distance of 375.66'to apoint S 89°39' 19"W,for adistance of 423.22'to a point; Page 9 S 78°22' 14"W,for a distance of 283.01'to a point; S 66°36'47"W,for a distance of 53738'to apoint; N 78° 52' 14"W,for a distance of 321.64'to,a point; N 66°43'24"W,bra distance of196;42'to a point; N39°'59'34"W,for a distance of 286.68"to a point; N 10°58'45"W,fora distance of 295.61'to a point; N 11°12'36"E,for a distance of 321.93'to a point; N oe 21'44"E,for a diStanceof 265.70'to a point; N 010 44'32"B,fora distance of 277.10'to apoint; N15°26'.09"W,for a distance of113.19'to a point; N43°23'26"B,for a distance of 31A11'to a point; N 73°06'45 E,for a distance of 411.87'to apoint; S 80°51' 14"E.,for a distance of 115.71'to a point; N 47°-19'43"E,for a distance of 263,05'to apoint; N 04°4T 42"W,for a distance of 230.92'tO a point; N 36°11'45"W,for a.distance of 365.24'to paint; N 66°53'24"W,for adista.nce of 172.08to a point; N41°32'01"W,for a distance of 132.66'to apoint N 10°12'19"W,fora distance of 14234'to a point; S 84°19'05"W,for adistance of244.08'to apoint; S 60°21'09"W,for a distance of229.08'to a point; S 51°02'-04"%for a distance of 142.51'to a point; Page 10 S.sr 28' 13"W,for a distance of 147.17'to a point S 600 38'45"W,for a distance of 190.59'to a point N 49°27'42"W,fora distance of 191.55'to a point; N 33°00'52"W,for a distance of 295.22'to a point; N 01°25'28"W,for a distance of 265..11'to a point; N 02°07'04"E,for a distance of 477.27'to a point;. N26°51' 16"V,for a distance of 1.89.7.6'to a point; N 53'47'20"W,for a distanco.of 328.24'to a point; N 36°15'27"}�.fora distance of 330.71'to a point; N 89°48' 12"W,for a distance of 124.00'to a point; ? 69°40'35"W,for a distance of 476:60'to a point; N 88°1.1' 11"W,for a"distance of 141.76'to a point; N 62°56'12"V,for a distance of 314,22!to apoint; N 49°16'27"W..for a distance of.172.35'to a point; N 80°27'52"NV,for a distance of 320.45'to a point; N79°51' 10"W,fora distance of 173.61'to.a point; N 59°49'53"WS fora distance of 150.10'to a point; Leaving the meanders Of Moto Creek and continuing N 60°05'44"E,for a distance of 877.34'to a pointe S W 51'29"E,for a distance of 30.92'to a point; N 59°27' 19"Es for a distance of U05.32'to a point; N 27°26'57"W,for a distance of 23.71'to a point; N 59°03'36"E,for a distance of 943.76'ton point; Page 11 .N.60°04'37"E,for a distance of 815.05'to a point on the West 1:00-of-Way of Haeekervillo Road; Continuing alongthe West Right-of-Way of Hacker-Ville Road, S 31°00' 30"E,for a di,stante of 180.90'to a point; Leaving the West Rigito&Wayaild crosgias BaeckervilicRoad and continuing,N 59° 14'55"E,lbr a distance of 4,389.33'to a point; N 89°59'44"E,for a distance of 404.93'to a point; N 59°45'®' E,for a distance of 1169.71'to a point; S 30°24' 16"E,fora distance of 1,896.27'tO a pOint; N 59°45''09"E,for a distance of 427.65'to a point; S 30°33'44"B,for a distance of 374.13'to a point; N 77°28'35"B,for a distance of 16999'to apoint; S 31°32'07"E,for a distance of 325.59'to a point; S 58°07'49"W,for adistance of 1,33959'to the POINT OF BEGINNING and containing 1,317.27 Acres more or less. The annexed area is to belittle 1,317.27 Acres as described above less the folltY.i.vingliarceLs: - Guadalupe.0ountyAppraisal District Aceount No.63531 Wells,Jake R&Nancy C (57:5000 Ac.) - Guadalupe CountyAppraisal District AccountNo.63527 Wells.Taltelft&NancyC (60.0000 AO - Guadalupe County Appraisal District Account No.63528 Wells,Jake R&Nancy C .(1.9500 Ac.) - Guadalupe County Appraisal District Account No.63430 Marlin,Ruth Krueger f2,3000 Ac.) GuadalupeCotmty Appraisal District Account No.63431 Martin,Ruth Krueger (0.7000 Ac.) Page 12 - Guadalupe County Appraisal District Account No. 125980 Reinhardt,Jou C&Mary (5.0000 Ap). - Guadalupe County Appraisal District Account No.69640 'Kansal,Som.&Sukesh, (36,7100,Ac) - C-Tuadalupe County Appraisal District Account No.69636 Kansail„Som&St&esh (43.0000 Ac,out of 51.0000 Ac). GuadalupeCOurayAppraisal District Account No.121013 Reinhardt,Joe C&Mary-F (11.6000 Ac.) - Guadalupe CountyAppraisal District Account No.6963S Reinhardt,Joe C&Mary F (0.9540 Ac.) - Guadalupe-County Appraisal District Account No.63541 Reinhardt,Joe C&Carol L (4.9000-Ar) - Guadalupe County Appraisal District Account.No. 112959 -Reinhardt,Joe C.&Carol L (1.0000 Ac.) Guadalupe County Appraisal District Account-No.63543 Reinhardt,Joe C&Mary F (5.6000 At) - Guadalupe County Appraisal District Account No.63317 Haese,Kevin&Michelle (4.6900.Ac.) - Guadalupe County Appraisal District Account.*34121 Ridge,Ronald R&Elaine A (5.0000 Ac.) - -Guadalupe County Appraisal District Account 34120 Patrick,Michael T&Patty (2.0000 Ac.out of 5,0000 Ac.) Guadalupe County Appraisal District Account No,69685 .Hateker,BernadetteN (10.0000 Ac.out of 15.4100Ac) Guadalupe County Appraisal District Account-No.69686 Nemec,Donna F (9.0000 Ac.out of16.4100-Ac). - Guadalupe County Appraisal District Account No.69680 Roberson,Aohert 0&Patricia (8,0000 Ac.out.of 14A1 Ac)- - Guadalupe County Appraisal District Account No.69707 Stift,Franklin E TniateeSt.A1 (7.0000 Ac.out of 323000 Ac.) Page 13 ,Guadalupe County-Appraisal.District.,Account.No.63540 Stolte,.Franklin E Trustee-Et Al (36.2700.AG.) - Guadalupe Ciptinty,Appraipl Dittrict.Aceetnit No.63519 IIMP San Antonio Asset Company LP (12.0000 Ac,out of 27.0000 Ac,) - GuarlAupe County Appraisal District Account No.63517 Sclunockel,Steve:at (53.6000 Ac.). - Guadalupe County Appraisal District Account No.69656 Weir,Dcu..nis I&.Barbara I (23.1900.Ac.) - Guadalupe County Appraisal District Account No.69657 Weir;Dennis J,&Barbara J (1.0000.Ac.) - -Guadalupe County Appraisal District Accottt No,69626 Sczecb,David L&Edward-J Jr (44.3440 - Guadalupe Coulity Appraisal District Account No..69627 Sczech;David L&Edivurd J Jr (2.0000 Ac.) - Guadalupe County District Account No.69628 Sczecit,David&Debra (2.0160 AO - Guadalupe County Appraisal District Account No.63363 Grob;Nathan A (213920 Ac.) Guadalupe County Appraisal Diatrict-Account No.63367 Grobe,Nathan A Sr&W (20.0000 Ac) - Guadalupe County Appraisal District Account No.63365 Grobe,Nathan A Sr (30.3260 Ac.) - Guadalupe County Appraisal District Account No.63530 PetishottMark A&Cathe.rine K (76.4160 Ac.) - Guadalupe County Appraisal.Disnicr Account No,63358 Garza,Ilbily (0.4300 Ac-) Guadalupe County Appraisal.District Account NO.63359 Marnietb,Fatil I (96.0000.Ac) - Guadalupe County Appraisal District Account No.63558 Selenali (2-.5100 Ac.) Page 14 - Guadalupe County Appraisal District Account No.63426 tyfannesb,Paul J (44.0000 Ac.) - Guadalupe County Appraisal District AccountNo.63427 Marimesh,Paul J (1.0000 Ac.) Guadalupe County Appraisal District Account No.63362 Nichols,Burton K.&Sally P (3.5100 Ac.) - Guadalupe County Appraisal District Account No.63510 Nichols,Sally P (1.8110 Ac.) - Guadalupe County Appraisal District Account No.66352 Nichols,Burton.K&Sally P (66.3520 Ac:) - Guadalupe County Appraisal District Account No.63502 lvliederna Farms LP (42.1200 Ac:) - Guadalupe County Appraisal District Account No. 131 336 Fischer,Jane E (2.0000 Ac.) - Guadalupe County Appraisal District.Account No.63506 Fischer,Jane E (37.0300 Ac.). • Guadalupe County Appraisal District Account No.63346 Srnidt,Lana Craft&Brenda Craft Scott (7.8000 Ac.) - Guadalupe County Appraisal District Account No.63347 Smitit,Lana Craft&Brenda Craft Scott (4.0000 Ac.) for a total area to be annexed; 406,25 Acres. zits IrLEINI 79689 '144, 1' " �,: AgS Vit He '+`e �f-+ 7,....teu.:01,— Page 15 EXHIBIT B ANNEXATION METES & BOUNDS MAP i111N --. ;m.�' ' k I,..,Ye`tA _ —V.-••=.." -- -_-_. .a __ _ ;iNi7iaH _ _ § E ..- � , . W 'tom ys —� _ N t. — • MitailiWi r a. Awww rs .. , /—SOUTHEAST CORNER LF.ANN S TERRY RAPPp UND RODRIGUEZ 154 AC , —P.aa, f 4. AREA#1 • ... ,m 5 TOTAL ACRES-289.14 TOTAL ACRES ANNEXED=1 1754 y� rt 1; C .,- AREA#2 ''. \___ TOTAL ACRES-1.317.27 - - NORTHEAST CORNER TOTAL ACRES ANNEXED-404.2S '.: 'AXE R&NANCY C.WELLS IOSF FI.ORES 57500 AC ` ,� 7/////7// / / 1 / ///i,if //// 1 //// i , / ////:- / / /.1:^ l* ANNEX NtaP / Page 16 EXHIBIT C 2011 ANNEXATION PROGRAM CITY OF CIBOLO, TEXAS SERVICE PLAN FOR OCTOBER 25, 2011 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 Page 17 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 2 %z 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 '/z 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 18 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 %z 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, fmds and determines it is not necessary to acquire or construct any capital improvements within 2 %z 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 '/z 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, fmds 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. Page 19