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ORD 739 05/09/2006 ORDINANCE NO. 7 3 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 630.427 ACRES LOCATED ADJACENT TO THE EXISTING CITY LIMITS LINE AT A POINT SOUTH OF GREEN VALLEY ROAD AND APPROXIMATELY 324.54 FEET WEST OF THE INTERSECTION OF GREEN VALLEY ROAD AND FM 1103; 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 Rile 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 fmds 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 fmds 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, 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 LI for to d against this 9th day of May, 2006. APPROVED / j�� /,/F4. Jo i, y Su n Mayor, City of Cibolo ATTEST: 2„...,:„. ., , X99 % Peggy Cimics _ - City Secretary, City of Cibolo Exhibit A Metes and Bounds Tract"A" (530.427 acre's) Field notes describing Tract "A", 630.427 acres of land to be annexed by the City of Cibolo. Beginning : at a point in the South R.O.W. line of Green Valley Road, said point being 324.54 feet West of the intersection of Green Valley Road and FM 1103. Thence: N 59° 14' 26" E 2717.85' to a point; Thence: S32° 17' 50" E 383.51' to a point; Thence: N 58° 21' 52" E 209.83' to a point; Thence: S 31° 40' 30" E 1109.99' to a point; Thence: S 58° 21' 50"W 1183.29' to a point; Thence: S 32° 13' 48" E 4609.78' to a point; Thence: S 59° 23' 27"W 590.31' to a point; Thence: S 31° 48' 50" E 150.44' to a point; Thence: S 59° 40' 59"W 983.07'to a point; Thence: N 30° 22' 12"W 609.60' to a point; Thence: N 29° 58' 52"W 1361.05' to a point; Thence: S 57° 54' 26"W 2045.15' to a point; Thence: S 61° 23' 27"W 51.78' to a point; Thence: N 32° 21' 45"W 280.29' to a point; Thence: S 59° 07' 34"W 1038.68'to a point; Thence: S 30° 44' 38" E 2198.84'to a point; Thence: S 58° 46' 12"W 996.38' to a point; Thence: N 30° 55' 35"W 2146.43' to a point; Thence: N 59° 04' 25" E 330.05' to a point; Thence: N 31° 31' 48"W 503.30' to a point; Thence: S 60° 14' 01"W 984.96' to a point; Thence: N 31° 28' 32"W 654.08' to a point; Thence: N 60° 19' 44" E 2738.63' to a point; Thence: N 32° 06' 02"W 743.48'to a point' Thence: N 11° 28' 21" E 10.45' to a point; Thence: N 57° 49' 38" E 1882.44' to a point; Thence: N 30° 48' 12"W 1124.88' to a point; Thence: S 71° 18' 09"W 113.70' to a point; Thence: N 31° 08' 54"W 991.99'to a point of beginning and containing 630.427 acres of land. COUNTY COUNTY 0 nag to r- I )gITY LIMIT .____. ...; ___________i --i _ ... f-_, _.._.._.._..._. MCP-- \\s ir 1----1_11 I j„......--,\t_ . i il , ` j I I }},----------TJ ( 5 ' '� ' 1r 7 w- Utz TRACTB iiI �� is1 9.406,324 sq.L I ._.. at ..C..—..--3!) 215.940 acres /..•---N • • I / .._---•----1--•--/1,0- 5 q.--,r\ ,/t.._i I I 1 23.779 acres • •I / / I .J • mfl331VA11EYI1Odq i Ilbrtsare .-- ��--��� ��UII!71111- r-i111111,,,,7•• Arn,,,IIIIIII 111111,1111111= 'q �':nuumm mum Ih= •�! 1 ',,:1'' •a.--i 4-1.--1.- 1 15v/pumr„, + :��� 'I►`lul IIIIII111GIIIIIIIIII=..,� %. li''�I�ru / Il I►IIIIIIIIIIIIIID11I111 iut-:1.1.1::11.11 um:, �IIIIluulnulluW/ 1148 ��i as====aa / �� :__mammal= / 1601►iQll�� 1111RD'21t • .-11111111111111 1100..1166• 4....-,-.... • =• =1111111/ \ _ '1.1_-'+7_• ='1111= .. 1 ._ .7 - 0„1.:1`1,” pP•U•-5' i dt 111 w�Dr�Vim. ,. / u1 �.• /i1. tao =1U• �c��� Ilo 1aT1 0 0 00 � ��,:; TTp1�,IS 11... I TRACT A .►�ii��t1 1!p��pw,aa l^ I=_ =_E �..� / 11 ::• •6i.:pT1 / !Z..s 27!161 388 sq.$ o o!";o"v:1�ppo``lett-: _ �p1 J //. 630.427 acres :r'o110:;01 5\1 j1u111e- —(` rtlllll - `':5_ r•• t�la• 1•41014111111 .,..ilglumm�unul. . .,p10��..i _lea = 1!901 �•• 91/5 ''' ... ...--2"11 --**. it�I-b - ./ E 1i II I i 1 1,,,,,III1111111111111e I I ,IIIIIIIIIIIIII11111111IIII 11111 : i ,\1111! /1 i-1111111 1111111111111111111::- +1111!"'1!VII�I�.1�'141�101111 11 - =i1q11111111111111111:F =`11llrilI..,yo AK'IY:11111•. - - =ill 111111111111111 i • straw' • IIu111111111111gIG111111111111II! ,:.� '1 .llli • ^1111: IIIIIIIIIII,III II -- unuu r r.%.,.r...,,,27.,..,......:.,.. uru i .,'•,:';: i 6/111/11 111111U IIIHIII1'Rr „ pI` 1i.: ldaailiiuut Irvnq T7 uuwumn-� ! 'I unuauut ,: - r 1 1�rrl.:r.-. t uIV pruuunuVI S� 1 fd;il riiil 1_ le.� .f1,, ,°v� • r•,•1111 11111Ii11Ifen1IIW1I1 _hilu . t t IUD,. %glu �- \ -I n:: uu - -alum a rluwu e Iunul . / _Iluull = IExt �;lAlfll4!!�? ��, olIlli ii �� run / L.!'._ = i1r4iu rK.` = . 1 is_= \ l'. , r' 1 SI ij L.- -n 6^na.0 m�l_ :I" I' i / TRACTC'-f1WI_310,399 Cres qn, ©�.�. � inmIzimra Z 126�lrres eilll 1 j ©m® ..,,4,111.4- BRYAN PSiEEIE I women mew=�_.� 1/ i'_lt iFu� HIGH SCHOOL i ��1 � -� \ •1 7, / 1 . 1 ILEI IiI� � i ..1 LEGEND CITY OF CI BOLO, TEXAS Proprornly PROPOSED ANNEXATION MAP KLEIN ENGINEERING.INC. aw.nurnNi uurm® DATE 1'BIUTAMYID01 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. IICibolosvrlcity fileslCity Services1Municipal Service Plan Involuntary Annexation 3-7-06.doc Page B-1 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 Sheriffs 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 I\Cibolosvrlcity 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 fording by the City Council under Local Government Code Section 43.056(m). Water services I\Cibolosvrlcity fileslCity ServiceslMunicipal Service Plan Involunta;y Annexation 3-7-06.doc Page B-3 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 finding 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. \CibolosvrlciryfileslCity Services'Municipal Service Plan Involuntary Annexation 3-7-06.doc Page B-4 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. I\Cibolosvrlcity fileslCity ServiceslMunicipal Service Plan Involuntary Annexation 3-7-06.doc Page B-5