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ORD 742 05/09/2006 ORDINANCE NUMBER 7 4 2 AN ORDINANCE ANNEXING THE HEREIN AFTER DESCRIBED TERRITORY TO THE CITY OF CIBOLO,TEXAS AND EXTENDING THE BOUNDARY LINES OF SAID CITY SO AS TO INCLUDE SUCH PROPERTY WITHIN THE CITY LIMITS. WHEREAS,a petition for annexation has been heretofore filed by Mr.James R.Hardy agent for LLB Cibolo Vista Partners LP,owners of certain land in the extra-territorial jurisdiction of the City of Cibolo,Guadalupe County, Texas said land being described in paragraph 1 below,and WHEREAS,said petition in form and substance,fully complies with all of the provisions of Section 43.028,Local Government Code,V.A.T.S.and WHEREAS,said tract of land is contiguous and adjacent to the City of Cibolo,is not more than one-half mile in width and is vacant and without residents or on which fewer than three(3)qualified voters reside;and WHEREAS,the City Council fins 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. WHEREAS,the City Council is of the opinion that said petition should be granted and that such tract of land should be annexed to the City;NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS 1. That the following described property,to wit: 20.384 acre(887.971 sq ft)tract of land situated in the Sexto Dominguez Survey No. 152,Abstract No. 110,Guadalupe County,Texas,comprised of a called 15.385 acre tract of land as recorded in Volume 570„Page 527,Deed Records of Guadalupe County,Texas and a 5.000 acre tract of land out of a 21.188 acre tact of land as recorded in Volume 414,Page 523,Deed Records of Guadalupe County, Texas,presently owned by LLB Cibolo Vista Partner,L.P.with James R.Hardy as President and Agent,and located approximately 600 feet to the north of the intersection of F.M. 1103 and Weil Road and being more particularly described as follows: POINT OF BEGINNING: Being a found''/"rebar in the southwest right-of-way line of Weil Road,for the southeast corner of this tract herein described,said point being the northeast corner of a called 48.85 acre tract as recorded in Volume 1174,Page 652,Official Public Records of said county; THENCE: S 60°07'00"W,(basis of bearing), 1376.89 feet(call 1375.50 feet)along the common line of this tract herein described and said 48.85 acre tract to a found'''A"rebar for the southwest corner of this tract,same point being a common corner of said 48.85 acre tract; THENCE: N 30° 19'27"W.493.72 feet(call N 30°21'00"W,494.52 feet)along the common line of said 48.85 acre tract and passing the common corner of a 3.229 acre tract and recorded in Volume 521,Page 53,Deed Records of said county,and the above mentioned 48.85 acre tract,343.86 feet,and continuing along the east line of said 3.229 acre tract to a found 1/2'rebar for the western most corner of this tract,and the northeast corner of said 3.229 acre tract of land; THENCE: N 60°53'37"E, 818.82 feet along the northeast line of said 15.385 acre tract and the southwest line of said 21.188 acre tract to a set%Z"rebar for an interior corner of this tract herein described; THENCE: N 29°50'26"W.380.28 feet crossing said 21.1?8 acre tract,to a point in fence; THENCE: Along a dilapidated fence the following calls: N 60°48'42"E.90.70 feet for reference found Y2"rebar for the common corner of a 5.0 acre tract recorded in Volume 1312,Page 822,Official Public Records of said county, and a 10.00 acre tract in Volume 1312,Page 820,Official Public Records of said county, N 11°49'47"E,0.88 feet; N 60°09'30"E.66.53 feet to a point in fence; N 60°50'05"E.4929 feet to a point in fence; N 60°48'22"E.50.31 feet to a point in fence; N 62°09'29"E.72.56 feet to a point in fence; N 59°23' 14"E.74.51 feet to a point in fence; N 60°48'09"E.22.24 feet to a point in fence; N 61° 14'47"E.33.64 feet to a point in fence; N 60°43'05"E.51.77 feet to a point in fence; N 60°57 21"E.59.37 feet to a point in fence for reference found''h"rebar for the common corner of said 10.00 acre tract and said 21.188 acre tract,N 42°50'34"E. 1.11 feet; THENCE: Along an existing fence the following calls: S 31° 11' 19"E.42.92 feet to a point in fence; S 29°46'20"E. 118.63 feet to a point in fence; S 28°59'46"E.9.39 feet to a point in fence; S 30° 18'48"E. 13.47 feet to a point in fence; S 29°46'20"E. 175.77 feet to a point in fence; S 29°46'20"E.21.51 feet to a point in fence; THENCE: S 29°53'58"E.245.97 feet along common line of said 15.385 acre tract(call S 29°52' 00"W.245.68 feet)and 24.00 acre tract to a found%2"rebar for a corner of this tract; THENCE: S 54°06'39"W.9.46 feet(call S 57°02'00"W.9.97 feet)to a found''Y2"rebar for a corner of this tract; THENCE: S 29°50'35"E.227.89 feet(call S 29°47'00"W.228.42 feet)to the Point of Beginning and containing 20.384 acre of land more or less. BE,and the same is hereby annexed into the City of Cibolo,and that the boundary lines of the City of Cibolo be and the same are hereoy exce;ided to include the above described territory within the city limits of the City of Cibolo, Texas,and the same shall hereafter be included within the territorial limits of said city,and the property owners and inhabitants thereof shall hereafter be entitled to all rights and privileges of other property owners and citizens of Cibolo,and shall be bound by the acts,ordinances and regulations of said City. 2. The City Council approved annexation on May 9,2006. 3. This ordinance shall take effect immediately upon passage and approval. PASSED AND APPROVED THIS 9h May 2006. A7.7 Sutt n Mayor ATTEST: Peggy Cimics City Secretary Exhibit B MUNICIPAL SERVICE PLAN (Hardy Voluntary 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 days a week. I\Cibolosvrlcity fleslCity ServiceslMunicipal Service Plan Cibolo Vistas 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 will maintain 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 thirteen (13) certified police officers for patrol. The City of Cibolo contains approximately 6.88 square miles. This annexation will add an additional 0.03 square miles, thus the City will provide a minimum police patrol coverage of one (1) officer per 3.36 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 adopted and amended. 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. I\Cibolosvrlcity fileslCity Services\Municipal Service Plan Cibolo Vistas 3-7-06.doc Page B-2 Provided by Cibolo: Services are to be provided by the City of Cibolo immediately upon the effective 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: A portion of the subject tract has frontage onto Weil Road, a roadway maintained by Guadalupe County. 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: Any street lights installed through the development of the site 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 Green Valley Special Utility District. Provided by Cibolo: Water service will not be provided by the City of Cibolo. 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 I\Cibolosvrlcity files\City ServiceslMunicipal Service Plan Cibolo Vistas 3-7-06.doc Page B-3 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. 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 is 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. 11Cibolosvrlcity fileslCity ServiceslMunicipal Service Plan Cibolo Vistas 3-7-06.doc Page B-4