ORD 669 03/22/2005 ORDINANCE NO. 6 6 9
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS,
PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES
OF THE CITY OF CIBOLO, TEXAS BY THE ANNEXATION OF
APPROXIMATELY 25.06 ACRES LOCATED ADJACENT TO
THE EXISTING CITY LIMITS LINE ON THE WEST SIDE OF
F.M. 1103 APPROXIMATELY 2,000 FEET NORTH OF WEIL
ROAD; PROVIDING FOR ADOPTION; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES
OF THE CITY OF CIBOLO NOT IN CONFLICT WITH THE
PROVISIONS OF THIS ORDINANCE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, is a Home Rule Municipality located in Guadalupe County, Texas, created
in accordance with provisions of the Texas Local Government Code and operating
pursuant to its adopted City Charter and all applicable laws and enabling legislation of
the State of Texas; and
WHEREAS, the City of Cibolo, Texas, has determined that it should annex the territory
described in Exhibit A attached hereto and made a part hereof;
WHEREAS, the City of Cibolo, Texas, the land described in Exhibit A is located
entirely within the extraterritorial jurisdiction of the City and may be annexed pursuant to
Chapter 43 of the Texas Local Government Code, as amended(the"Act"); and
WHEREAS, the City of Cibolo, Texas, has complied with all requirements of the Act
relating to the annexation of the land described in Exhibit A; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
citizens and inhabitants thereof that the land described in Exhibit A be annexed to and
made part of the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS...
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein
and made part hereof for all purposes.
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SECTION 2.
ANNEXATION
The City of Cibolo hereby annexes the land described in Exhibit A.
SECTION 3.
LAND INCLUDED IN CORPORATE LIMITS
The land described in Exhibit A shall be included within the City's corporate limits,
effective March 22, 2005, and all taxable property in the land described in Exhibit A shall
hereafter bear its pro rata part of the taxes levied by the City.
SECTION 4.
RIGHTS AND PRIVELEGES
The inhabitants of the land described in Exhibit A shall be entitled to all of the rights and
privileges of all citizens of the City and shall be bound by the acts, ordinances,
resolutions, and regulations of the City.
SECTION 5.
MUNICIPAL SERVICE PLAN
The City of Cibolo shall provide the services as described in the Municipal Service Plan
contained in Exhibit B attached hereto and made a part thereof.
SECTION 6.
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas,
except where the provisions of this Ordinance are in direct conflict with the provisions of
such Ordinances, in which event the more restrictive provision shall apply.
SECTION 7.
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo that
the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance should be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this Ordinance, since the same would have
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been enacted by the City Council without incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 8.
EFFECTIVE DATE
That this Ordinance shall be effective immediately upon the passage and approval of the
City Council of the City of Cibolo, Texas.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of for to against this 22nd day of March,
2005.
APPROVED:
4441(14/15(
Mayor Charles Ruppert
ATTEST: I
.�
o nne Griffin, City Secr- •
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Exhibit A
METES AND BOUNDS DESCRIPTION
25.06-ACRE TRACT
Being a 25.06 acre tract of land out of the Trinidad Garcia Survey, No. 94, Guadalupe
County, Texas, being the remainder of a 50.13 acre tract of land described in Volume
448, Page 381, Official Records of Guadalupe County, Texas, being further described by
metes and bounds as follows:
BEGINNING: at a found 'A" iron rebar corner with a"Castella&Associates"plastic cap on
the northwesterly right-of-way line of F.M. 1103, at the common corner of
the remainder of said 50.13 acre tract and a remaining portion of a 165.012
acre tract of land described in Volume 863, Page 115, Official Records of
Guadalupe County, Texas, the most easterly corner and POINT OF
BEGINNING of this tract;
THENCE: S 59 degrees 25' 39"W, departing said right-of-way line, coincident with the
common line of the remainder of the 50.13 acre tract and said remaining
portion of the 165.012 acre tract a distance of 1,949.54 feet to a'/2"iron rebar
with a"Survcon Inc."plastic cap,the most southeasterly corner of this tract;
THENCE: N 30 degrees 37' 24" E crossing the remainder of the 50.13 acre tract a
distance of 509.50 feet to a'A"iron rebar with a"Survcon Inc."plastic cap;
THENCE: N 30 degrees 37' 24" E crossing the remainder of the 50.13 acre tract a
distance of 50.50 feet to a 'A" iron rebar with a "Survcon Inc." plastic cap,
the most southerly corner of a remainder of a 25.065 acre tract described in
Volume 409, Page 129, Official Records, Guadalupe County, Texas, the
most southwesterly corner of this tract;
THENCE: N 59 degrees 25' 39" E coincident with the southeasterly line of the
remainder of said 25.065 acre tract a distance of 1,949.54 feet to a '/z" iron
rebar with a "Survcon Inc." plastic cap at the aforementioned southwesterly
right-of-way line of F.M. 1103 at the most northeasterly corner of the
remainder of the 25.065 acre tract, the most northwesterly corner of this
tract;
THENCE: S 30 degrees 36' 06" E a distance of 50.50 feet to a Y2" iron rebar with a
"Castella& Associates" plastic cap set on the aforementioned southwesterly
right-of-way line of F.M. 1103 at the most northwesterly corner of the
remainder of the original 50.13 acre tract;
THENCE: S 30 degrees 19' 52" E coincident with the common line of the remainder of
the original 50.13 acre tract and said right-of-way line a distance of 509.50
feet to the POINT OF BEGINNING and containing 25.06 acres.
Page A-1
METES AND BOUNDS DESCRIPTION
25.06-ACRE TRACT
Being a 25.06 acre tract of land out of the Trinidad Garcia Survey, No. 94, Guadalupe
County, Texas, being the remainder of a 50.13 acre tract of land described in Volume
448, Page 381, Official Records of Guadalupe County, Texas, being further described by
metes and bounds as follows:
BEGINNING: at a found %2"iron rebar corner with a"Castella&Associates"plastic cap on
the northwesterly right-of-way line of F.M. 1103, at the common corner of
the remainder of said 50.13 acre tract and a remaining portion of a 165.012
acre tract of land described in Volume 863, Page 115, Official Records of
Guadalupe County, Texas, the most easterly corner and POINT OF
BEGINNING of this tract;
THENCE: S 59 degrees 25' 39"W, departing said right-of-way line, coincident with the
common line of the remainder of the 50.13 acre tract and said remaining
portion of the 165.012 acre tract a distance of 1,949.54 feet to a%2" iron rebar
with a"Survcon Inc."plastic cap,the most southeasterly corner of this tract;
THENCE: N 30 degrees 37' 24" E crossing the remainder of the 50.13 acre tract a
distance of 509.50 feet to a 1/2"iron rebar with a"Survcon Inc."plastic cap;
THENCE: N 30 degrees 37' 24" E crossing the remainder of the 50.13 acre tract a
distance of 50.50 feet to a %2" iron rebar with a "Survcon,Inc." plastic cap,
the most southerly corner of a remainder of a 25.065 acre tract described in
Volume 409, Page 129, Official Records, Guadalupe County, Texas, the
most southwesterly corner of this tract;
THENCE: N 59 degrees 25' 39" E coincident with the southeasterly line of the
remainder of said 25.065 acre tract a distance of 1,949.54 feet to a %2" iron
rebar with a "Survcon Inc." plastic cap at the aforementioned southwesterly
right-of-way line of F.M. 1103 at the most northeasterly corner of the
remainder of the 25.065 acre tract, the most northwesterly corner of this
tract;
THENCE: S 30 degrees 36' 06" E a distance of 50.50 feet to a %2" iron rebar with a
"Castella&Associates" plastic cap set on the aforementioned southwesterly
right-of-way line of F.M. 1103 at the most northwesterly corner of the
remainder of the original 50.13 acre tract;
THENCE: S 30 degrees 19' 52"E coincident with the common line of the remainder of
the original 50.13 acre tract and said right-of-way line a distance of 509.50
feet to the POINT OF BEGINNING and containing 25.06 acres.
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Exhibit B
MUNICIPAL SERVICE PLAN
Pursuant to Subsection 43.056 (1) of the Texas Local Government Code, this service plan
shall be valid for a period of 10 years from the effective date of the annexation.
Fire Services:
Existing:
Volunteer services are provided through the Cibolo Volunteer Fire Department.
This current service does not provide for paid fire fighters or guaranteed
coverage.
Provided by Cibolo:
Services shall be provided by the City of Cibolo immediately upon the effective
date of the annexation.
Paid services provided via contract between the City of Cibolo and the Cibolo
Volunteer Fire Department. Minimum services include two paid fire fighters
from 8 a.m. to 5 p.m., Monday through Friday and one additional fire fighter for 8
hours per day for three days per week.
Emergency Medical Services (EMS):
Existing:
Guadalupe County contracts for EMS services through the City of Schertz. This
service provides for 24-hour coverage.
Provided by Cibolo:
Services are to be provided by the City of Cibolo immediately upon the effective
date of the annexation.
Immediate services shall be provided through the existing contract between the
City of Cibolo the City of Schertz for 24-hour coverage. Future services will be
provided as contracted by the City of Cibolo, through municipal EMS services by
the City of Cibolo or a combination of contract and municipal EMS services. In
no event shall the City provide anything less than 24-hour coverage.
Police Services: r
Existing:
Police services are provided through the Guadalupe County Sheriffs Department.
The department assigns one 1 deputy to a patrol district that includes this site.
The patrol district includes approximately 160 square miles. This coverage is for
24-hour service, seven days a week.
Provided by Cibolo:
Services to be provided by the City of Cibolo immediately upon the effective date
Page B-1
of the annexation.
Police services will be provided by the City of Cibolo Police Department. The
department will maintain a minimum of 1 certified police officer on duty within
the City of Cibolo to provide 24-hour coverage seven days a week. The
Department will also maintain a minimum of 12 certified police officers. The
City of Cibolo contains approximately 6.75 square miles. This annexation will
add an additional .04 square miles, thus the City will maintain a minimum police
coverage of 1 officer per 6.79 square miles. This represents an increased level of
service from the 1 officer per 160 square miles that is currently being provided.
Building Inspections:
Existing:
No service.
Provided by Cibolo:
Services to be provided by the City of Cibolo immediately upon the effective date
of the annexation.
The City of Cibolo shall conduct full building inspection services for all new
construction, remodeling, and renovations pursuant to the 2003 International
Residential Code, as amended and as adopted by the City of Cibolo, and any and
all other applicable codes as adopted and amended.
Code Enforcement:
Existing:
No service.
Provided by Cibolo:
Services to be provided by the City of Cibolo immediately upon the effective date
of the annexation.
The City of Cibolo will employ a minimum of 1 certified code enforcement
officer to ensure that all codes, ordinances, and regulations of the City of Cibolo
are enforced.
Zoning:
Existing:
No service.
Provided by Cibolo:
Services to be provided by the City of Cibolo within 30 days of the effective date
of the annexation.
The City of Cibolo shall establish a zoning district for the subject tract and shall
Page B-2
enforce the zoning codes of the City to ensure the health, safety and welfare of the
property owner(s).
Streets:
Existing:
The subject tract fronts onto F.M. 1103 and any maintenance of that roadway is
provided by the State of Texas.
Provided by Cibolo:
The City of Cibolo will maintain any new streets that are constructed and
dedicated to the City of Cibolo pursuant to the Land Subdivision Code, as
amended.
Street Lighting:
Existing:
No service.
Provided by Cibolo:
As the site is developed, street lights will be installed and maintained by the
Guadalupe Valley Electric Cooperative. The City of Cibolo will pay the periodic
invoices for electric use for the street lights.
Water Service:
Existing:
The subject tract is located within the water CCN of the City of Cibolo and has
access to the City's water distribution system.
Provided by Cibolo:
Water service will be available to the subject tract immediately upon annexation.
Access to the system will be provided upon payment of all required impact fees,
pro-rata reimbursement fees, connection fees, and any other applicable fees.
Wastewater Service:
Existing:
The subject tract has access to the City's wastewater distribution system.
Provided by Cibolo:
Wastewater service will be available to the subject tract immediately upon
annexation. Access to the system will be provided upon payment of all required
impact fees, pro-rata reimbursement fees, connection fees, and any other
applicable fees.
Page B-3
Solid Waste Service:.
Existing:
Service is available through any company willing to contract for service in the
area. Primary service is provided through Waste Management, offering once a
week collection service. Bulk service pick up is not included in regular service.
Bulk collection may be arranged on a case-by-case basis and will require payment
of additional fees.
Provided by Cibolo:
Service will be provided upon the effective date of the annexation by the City's
franchise solid waste collection service. Before the second anniversary date of
the effective date of the annexation, the City of Cibolo will not prohibit the
collection of solid waste in the land described in Exhibit A by a privately owned
solid waste management service provider or impose a fee for solid waste
management services on a person that continues to use the services of a privately
owned solid waste management service provider. Any person who continues to
use the services of a privately owned solid waste management service provider
other than that of the City's franchise solid waste provider for the two-year period
specified herein will not receive services from the City's franchise solid waste
provider.
Minimum residential service to be provided includes a minimum of once a week
collection for nine months of the calendar year and twice a week collection for the
months of June, July, and August. Residential service also includes bulk pick up
once a month for each customer, and an annual spring cleanup event at no
additional cost to the customer.
Parks and Recreation:
Existing:
No service.
Provided by Cibolo:
Service to be provided immediately upon the effective date of the annexation.
Cibolo maintains a park system that is inclusive of ball fields, pavilion, and picnic
facilities. The City is also developing additional facilities to meet growing
demands. The property.owner(s) will have full access to any and all municipal
facilities,pursuant to any applicable fees.
Page B-4