ORD 738 05/09/2006 ORDINANCE NO. 7 38
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
215.940 ACRES LOCATED ADJACENT TO THE EXISTING CITY
LIMITS LINE AT A POINT WEST OF DEAN ROAD, BEING 2470 FEET
SOUTH FROM THE INTERSECTION OF DEAN ROAD AND
WEIDERSTEIN 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.
WHEREAS, the City Council finds that surrounding any area, but not including such
area within the City limits, through this annexation is in the public's interest pursuant to
Texas Local Government Code section 43.057.
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.
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 May 9, 2006, 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,
Exhibit A
Metes and Bounds
Tract"B"
(215.940 acres)
Field notes describing Tract"B", 215.940 acres of land to be annexed by the
City of Cibolo.
Beginning: at a point in the City of Cibolo City Limit Line said point being in the West
R.O.W. line of Dean Road, being 2470 feet South from the intersection of
Dean Road and Weiderstein Road.
Thence: N 59° 41' 21" E 3037.60' to a point;
Thence: N 29° 18' 11"W 840.52' to a point;
Thence: N 56° 54' 17" E 713.60' to a point;
Thence: N 30° 57' 35"W 1614.88' to a point;
Thence: N 59° 45' 01" E 1498.06' to a point of tangent of the curve to the left
having a central angle of 115° 0' 53" and a length of 261.86'to a point of
tangency;
Thence: N 46° 48' 18" E 83.60' to a point;
Thence: S 29° 36' 56" E 3070.45' to a point;
Thence: S 60° 02'47"W 5614.75'to a point;
Thence: N 29° 22' 59"W 749.01'to a point of beginning and containing 215.940
acres of land.
clauses, sentences, paragraphs or sections of this Ordinance, since the same would have
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 '4 for to 0 against this 9th day of May,
2006.
APPROVED
Jos ySuttiillr.
ayor, City of Cibolo
ATTEST:
Peggy Cimics
City Secretary, City of Cibolo
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CITY OF CIBOLO, TEXAS
I D.p tlhr
am KLEIN ENGINEERING,INC.
__•_ o6dsO.lNR PROPOSED ANNEXATION MAP 11.807AL/ WPM.
DATE IBIWAY .
Exhibit B
MUNICIPAL SERVICE PLAN
(Involuntary Annexation)
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.
City services provided via contract between the City of Cibolo and the Cibolo
Volunteer Fire Department. Minimum services include two (2) paid fire fighters
from 8 a.m. to 5 p.m., Monday through Friday and one (1) additional fire fighter
for eight (8) hours per day for three (3) days per week. Future services will be
provided as contracted'by the City of Cibolo, through fire protection services by
the City of Cibolo or by a combination of contract and municipal fire protection
services.
Emergency Medical Services (EMS):
Existing:
Guadalupe County contracts for EMS services through the City of Schertz. This
service provides for 24-hour primary coverage.
Provided by Cibolo:
Services are to be provided by the City of Cibolo immediately upon the effective
date of the annexation.
EMS services shall be provided through the existing contract between the City of
Cibolo and 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.
Police Services:
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(7) days a week.
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Provided by Cibolo:
Services are to be provided by the City of Cibolo immediately upon the effective
date of the annexation.
Police services will be provided by the City of Cibolo Police Department. The
department maintains a minimum of two (2) certified police officers on duty
within the City of Cibolo to provide 24-hour coverage seven (7) days a week.
The Department maintains of thirteen (13) certified police officers on patrol. The
City of Cibolo contains approximately 6.88 square miles. This annexation will
add an additional 1.37 square miles, thus the City will provide a minimum police
patrol coverage of one (1) officer per 4.13 square miles. This represents an
increased level of service from the one (1)patrol officer per 160 square miles that
is currently being provided through the Guadalupe County Sheriff's Department.
Building Inspections:
Existing:
No service.
Provided by Cibolo:
Services are 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 may be adopted and amended from time to time.
Code Enforcement:
Existing:
No service.
Provided by Cibolo:
Services are to be provided by the City of Cibolo immediately upon the effective
date of the annexation.
The City of Cibolo will employ or contract with a 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 are to be provided by the City of Cibolo immediately upon the effective
IlCibolosvrlcity fileslCity ServiceslMunicipal Service Plan Involuntary Annexation 3-7-06.doc Page B-2
date of annexation. Temporary R-1 zoning is effective on the date of annexation.
The City of Cibolo will establish a zoning district for the subject tract and will
enforce the zoning codes of the City to ensure the health, safety and welfare of the
property owner(s).
Streets:
Existing:
This annexation will include the addition of certain portions of roadways that are
currently maintained by the Guadalupe County Road and Bridge Department.
Provided by Cibolo:
County Roads will continue to be maintained by the Guadalupe County Road and
Bridge Department. The City of Cibolo will maintain any new streets that are
constructed and dedicated to the City of Cibolo if constructed in accordance with
the Land Subdivision Code, as amended, and if accepted by the City of Cibolo.
Street Lighting:
Existing:
No service.
Provided by Cibolo:
As the land subject to this annexation 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 area subject to this annexation is located partially within the water CCN of
the City of Cibolo and partially within the water CCN of the Green Valley Special
Utility District. Certain tracts of land already have access to either the City of
Cibolo water system or the Green Valley Special Utility District water system.
Provided by Cibolo:
For those parcels that do not have access to the City of Cibolo water system and
are in the City of Cibolo's CCN, water service will be provided in accordance
with Paragraph (b) of Section 43.056 of the Texas Local Government Code. The
City of Cibolo will initiate the process for the construction of the facilities
necessary to provide water services to said parcels after annexation and the
infrastructure necessary to provide water services will be substantially completed
within two and one half (2 1/2) years after annexation, unless the water services
cannot reasonably be provided within the two and one half(2 1/2) year time period
and the City of Cibolo prepares an official schedule for providing the water
services. An exception to the level of service may be made on a finding by the
City Council under Local Government Code Section 43.056(m). Water services
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F
may also be provided through alternative means such as a development agreement
between the City of Cibolo and any party developing the property.
Once the infrastructure improvements have been completed, access to the water
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 area subject to this annexation is located within the wastewater service area
of the City of Cibolo. Certain tracts of land are already served or already have
access to the City of Cibolo wastewater system.
Provided by Cibolo:
For those parcels that do not have access to the City of Cibolo wastewater system,
wastewater service will be provided in accordance with Paragraph (b) of Section
43.056 of the Texas Local Government Code. The City of Cibolo will initiate the
process for the construction of the facilities necessary to provide wastewater
services to said parcels immediately upon annexation and the infrastructure
necessary to provide wastewater services will be substantially completed within
two and one half (2 1/2) years of the effective of the annexation, unless the
wastewater services cannot reasonably be provided within the two and one half(2
1/2) year time period and the City of Cibolo prepares an official schedule for
providing the wastewater services. An exception to the proposed level of service
may be made on a fmding by the City Council under Local Government Code
Section 43.056(m). Wastewater services may also be provided through
alternative means such as a development agreement between the City of Cibolo
and any party developing the property.
Once the infrastructure improvements have been completed, access to the
wastewater system will be provided upon payment of all required impact fees,
pro-rata reimbursement fees, connection fees, and any other applicable fees.
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. After the second anniversary date of the
effective date of the annexation, the City of Cibolo will prohibit the collection of
solid waste by a privately owned solid waste management service provider.
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e
During the two (2) years following the date of this annexation, 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 will
not receive services from the City's franchise solid waste provider.
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.
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