ORD 753 07/25/2006 ORDINANCE No. 7 53
PROVIDING FOR THE EXTENSION OF THE CIBOLO CITY LIMITS
BY THE ANNEXATION OF APPROXIMATELY 5.18 ACRES OF LAND
KNOWN AS THE "DIETZ ROAD" RIGHT-OF-WAY AND APPROVING
A SERVICE PLAN FOR SUCH AREA.
WHEREAS, the Guadalupe County Commissioner's Court previously passed Resolution
081605-4A Recognizing the Intentions of the Commissioners Court of Guadalupe County,
Texas, and the City Council of the City of Cibolo, Guadalupe County, Texas, For Certain
Improvements to Dietz Road by Guadalupe County and the Annexation of the Dietz Road Right-
of-Way by the City of Cibolo; Providing for a Time Period to Initiate the Annexation of the
Dietz Road Right-of-Way by the City of Cibolo; and
WHEREAS,the City Council of the City of Cibolo, approved Resolution 081605-4A on August
23, 2005 wherein the City Council of Cibolo acknowledged their desire to annex the portion of
Dietz Road Right-of-Way within the City's extraterritorial jurisdiction; and
WHEREAS, on May 9, 2006, the City Council for the City of Cibolo approved the proposed
annexation of Dietz Road as requested by the Commissioner's Court of Guadalupe County and
set public hearings in furtherance of the Dietz Road annexation by action of the Council; and
WHEREAS, on the 6th day of June, 2006 and the 13th day of June 2006 the City Council of the
City of Cibolo, held public hearings on the proposed annexation of approximately 5.18 acres of
land known as the Dietz Road Right-of-Way situated outside of,but immediately adjacent to,the
current corporate limits of the City of Cibolo, 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 these public hearings was published in the Herald on May 25, 2006, a
newspaper having general circulation in the City of Cibolo, Texas and within the territory to be
annexed, in accordance with law; and
WHEREAS, Texas Local Government Code section 43.0545 authorizes the City of Cibolo,
Texas to annex a road that is less than 1,000 feet in width at its narrowest point; and
WHEREAS, the aforementioned public hearings were conducted not more than forty (40) days
nor less that twenty (20) days prior to the institution of annexation proceedings; and
WHEREAS, the City Council fords that Dietz Road is a roadway in the State of Texas and does
not have any and will not have any inhabitants; and all applicable services that are currently
rendered to the City of Cibolo shall be provided to the Dietz Road Right-of-Way as described in
the Service Plan Exhibit"B"; and
WHEREAS,the population of the City of Cibolo, is in excess of 9,000 inhabitants, and the area
to be annexed lies within the City's extraterritorial jurisdiction and is adjacent to and adjoins the
City of Cibolo,
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS:
SECTION 1. The land and territory lying in the City's extraterritorial jurisdiction and which is
adjacent to and adjoining the City of Cibolo, known as the Dietz Road Right-of-Way, more
particularly described as that portion of the tract of land described in Exhibit "A," attached
hereto and incorporated herein by reference, 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 Exhibit "A," are altered and amended so as to include said area within the
corporate limits of the City of Cibolo.
SECTION 2. The land and territory known as the Dietz Road Right-of-Way so described and so
amended shall be part of the City of Cibolo.
SECTION 3. A service plan outlining the provisions of the applicable and necessary municipal
services to the property described in Exhibit"B," is hereby approved and the implementation of
said plan is hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit
«B »
SECTION 4. This ordinance shall be effective from and after it's passage.
PASSED AND APPROVED this,the 25th day of July, 2006.
JOS[ SUTT•'1,MAYOR
C' OF CIBOLO, TEXAS
ATTEST:
/ `a`94,`�!
PEGGY CIMICS, CITY SECRETARY
CITY OF CIBOLO, TEXAS
APPROVED AS TO FORM:
Susan C. Rocha
CITY ATTORNEY
CITY OF CIBOLO, TEXAS
EXHIBIT "A"
F.'1S1.11NU'TES DESCRIBING Ulkl•'[, ROAD
R.O.W. GUAI)ALUPE cumiT1, TEXAS
Fieldnotes describing Dietz Road right-of-way, covering 5.18 acres
of land situated in Guadalupe County, Texas, and being more
particularly described as follows:
Beginning at a 1/2" iron pin found in at the intersection of
Ilorgfeld Road and Dietz Road for aim east corner of Dove Meadows
Unit 2 Subdivision, plat recorded in Volume 5, Page 203A, Plat
Records Guadalupe County, Texas, for the southwest corner of this
tract.
Thence, N 29° 56' 31" W, 3,664.43 feet with the northeast line of
Dove Meadows Unit 2, and the northeast line of the remainder of a
86.598 acre tract of land conveyed to FIRER Joint Venture, recorded
in Volume 795, Page 577, Deed Records, Guadalupe County, 'Texas) to
a 1/2" pin folmd for the north east corner of time remainder of the
86 598 acre tract and being an interior corner of this tract.
Thence, N 78° 32' 0.1" W, 4.60 feet along the northeast line of the
remainder of the 86 598 acre tract to a railroad spike found for an
angle point: in the north line of the 86.598 acre tract and this
tract.
Thence, S 60° 14' 42" W, 921.24 feet partly along the north line of
the 86.598 acre tract, a 1.60 acre drainage richt-of-way as shown
on plat recorded in Volume 5, Page 135A, Plat Records, Guadalupe
Country, Texas, and a 1.05 acre tract conveyed to Cibolo Creek
Municipal Authority, recorded in Volume 630, Page 209, Deed
Records, Guadalupe County, Texas, to a point for the northwest
corner of the 1.05 acre tract and also being the north end of the'
cutback into F.M. 3009, for a northwest corner of this tract.
Thence, It 05° 13' 39" W, 38.45 feet crossing Dietz Road along the fT
east right:-of-way line of F.M. 3009 to a point at the easterly end
of a cutback into F.M. 3009, also being a southwest corner of the
remainder of a 198.114 acre tract of land conveyed to Northern Oaks
8 1 LTD., recorded in Volume 719, Page 1429, Official Public
Records, Guadalupe County, Texas, for. -the northernmost northwest
corner of this tract.
Thence, N 59° 38' 59" E, 952.41 feet along a south line of the
190.114 acre tract to a point for an interior corner of the 198.114
-acre tract, being the northernmost northeast corner of this tract.
Thence, S 36° 25' 27" E, 14.62 feet along a south line of the
198.1.14 acre tract to a 1/2" iron pin found for a southwest corner
of the J.90'..114 acre tract and the northwest corner of Thistle Creek
Subdivision Unit 1B, recorded in Volume 5, Page 318, Plat Records,
Guadalupe County, Texas, for an angle point in the east line of
Dietz Road.
Thence, S 30° 00' 59" E, 1165.60 feet along the west line of
Thistle Creek Subdivision Unit 18, to a 1\2" iron pin found for the
southwest corner of Thistle Creek Subdivision Unit 1B, and being an
interior corner of thi.e tract.
Thence, N 57° 11' 29" E) 10.01, along the south line of. Thistle
Creek Subdivision Unit 1B, to a point in the south line of Thistle
Creek Subdivision Unit 18, for the northwest corner of Thistle
Creek Subdivision Unit 2 and a northeast corner of this tract.
Thence, S 30° 00' 50" E, 1200.47 feet along the west line of
Thistle Creek Subdivision Unit 2, to a point in the north line of
a 15.00 acre tract of land conveyed to 9chertz, Cibolo, Universal
City Independent School District, recorded in Volume 460, Page 739,
Deer.! Records, Guadalupe County, Texas, for the southwest corner of
'Thistle Creek Suhdividion Unit 2 and a southeast corner of this
tract.
Thence, S 59° 19' 37" W, 10.00 feet along the north line of the
15.00 acre tract to a 1/2" iron pin found for the northwest corner
of. the .15.00 acre tract and an interior corner of this tract.
Thence, S 30° 00' 58" E, 1331,40 feet along the west line of the
15.00 acre tract: to a point for a southwest corner of the 15.00
acre tract., being the westerly end of the cutback into Borgfeld
Bond for the soul:lcea'st corilor of this tr.net.
'.Thence, 8 59° 24' 35" W, 50.21 feet crossing Dietz Road along the
north right-of-way line of Borgf.eld Road to the place of beginning
and containing 5.18 acres of land as surveyed on the ground on
November 2, 1994.
Corresponding plat prepared
.173804.fns I
litt1/4"
Fred L. McMichael
*ft 4 oma Registered Professional
MED LMr.MI0IIAFL Land Surveyor No. 3682
14 Daae
Ati°s(fnJ�E�°
Exhibit B
MUNICIPAL SERVICE PLAN
(Dietz Road 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.
IlCibolosvrlcity fileslCity ServiceslMunicipal Service Plan Dietz Rd 6-06-06.doc Page B-1
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 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 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 will also maintains thirteen (13) certified police officer's for
patrol. The City of Cibolo contains approximately 6.88 square miles. This
annexation will add an additional 0.01 square miles, thus the City provides a
minimum police patrol coverage of one (1) officer per 3.45 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.
I\Cibolosvrlcity fileslCity Services1Municipal Service Plan Dietz Rd 6-06-06.doc Page B-2
Zoning:
Existing:
No service.
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 by the 60th
day after annexation and will enforce the zoning codes of the City to ensure the
health,safety and welfare of the property owner(s).
Streets:
Existing:
Street maintenance is provided by Guadalupe County.
Provided by Cibolo:
The City of Cibolo will assume responsibility for street maintenance immediately
upon the effective date of annexation.
Street Lighting:
Existing:
No service.
Provided by Cibolo:
Any 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 site is a street and does not require water service.
Provided by Cibolo:
The site is a street and does not require water service.
IlCibolosvrlcity fileslCity ServiceslMunicipal Service Plan Dietz Rd 6-06-06.doc Page B-3
Wastewater Service:
Existing:
The site is a street and does not require wastewater service.
Provided by Cibolo:
The site is a street and does not require wastewater service.
Solid Waste Service:
Existing:
The site is a street and does not require solid waste service.
Provided by Cibolo:
The site is a street and does not require solid waste service.
Parks and Recreation:
Existing:
No service.
Provided by Cibolo:
The site is a street and does not require parks and recreation service.
11Cibolosvrlcity fileslCity ServiceslMunicipal Service Plan Dietz Rd 6-06-06 doc Page B-4