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ORD 767 11/14/2006 ORDINANCE NO. 7 6 7 PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY LIMITS BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 35.809 ACRES LOCATED ON THE SOUTHSIDE OF I.H. 35 1300 FEET WEST OF WEIDERSTEIN ROAD AND APPROVING A SERVICE PLAN FOR SUCH AREA. WHEREAS,the City of Cibolo, Texas received petitions requesting annexation from the owners of land that is one-half mile or less in width, contiguous to the City of Cibolo, Texas, and vacant and without residents or on which fewer than three qualified voters reside; and WHEREAS, Texas Local Government Code section 43.028 authorizes the City of Cibolo, Texas to annex sparsely occupied areas on petition of the area's landowners; and WHEREAS, in accordance with state law,the above-described petitions were filed with the City of Cibolo, Texas on Thursday, August 17, 2006; and WHEREAS,the City Council of the City of Cibolo, believing that the above-described petitions were properly filed pursuant to Texas Local Government Code 43.028, believed that it was in the best interests of the City of Cibolo to grant said petition on August 22, 2006; and WHEREAS, on the 8th day of October, 2006 and the 16th day of October, 2006, the City Council of the City of Cibolo, Texas held public hearings on the proposed annexation of a tract of land containing 35.809 acres, situated outside of, but immediately adjacent to, the current corporate limits of the City of Cibolo, Texas 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 the above mentioned public hearings was published in The Herald on September 28, 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, the aforementioned public hearings were conducted not more that forty (40) days nor less that twenty(20) days prior to the institution of annexation proceedings; and WHEREAS, the population of the City of Cibolo, Texas is in excess of 9,000 inhabitants, and the area to be annexed lies within the extraterritorial jurisdiction of the City of Cibolo, Texas, and lies adjacent to and adjoins the City of Cibolo, Texas. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: Exhibit A FIELD NOTES FOR All that certain tract and parcel of land situated in the John Saladin Survey No. 404 in Guadalupe County, Texas, and being 35.809 acres as recorded in Vol. 654, Page 770 of the Deed Records of Guadalupe County, Texas and being described by metes and bounds as follows: BEGINNING: At a point in the Northeast corner of this Tract and the South R.O.W. line of I.H 35; THENCE: S 30° 00' 00"E a distance of 1734.91 feet to a point for a corner of this Tract; THENCE: S 60° 00' 00" W a distance of 983.18 feet to a point for a corner of this Tract; THENCE: N 30° 00' 00"W a distance of 1433.07 feet to a point for a corner of this Tract; THENCE: Along the South R.O.W. line of I.H. 35 N 42° 49' 00"E a distance of 1029.91 feet to the POINT OF BEGINNING and containing 35.809 Acres. Exhibit B • MUNICIPAL SERVICE PLAN (Bob and Bill Dean Tracts) 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. S 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. 11Cibolosvrlcity ftleslCity Services\Municipal Service Plan Dean Annexations 9-29-06.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 8.39 square miles. This annexation will add an additional 0.11 square miles, thus the City will provide a minimum police patrol coverage of one (1) officer per 4.25 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 IlCibolosvrlcity fileslCity ServiceslMunicipal Service Plan Dean Annexations 9-29-06.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: There are no existing roadways located on the tracts that are subject to this petition. Access is from the IH-3 5 access road that borders the northern limits of each tract. Provided by Cibolo: Since there are no portions of existing roadways that are subject to this annexation, there is no road maintenance of any existing infrastructure that Cibolo will assume. 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 City Public Service. 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 within the water CCN of the Green Valley Special Utility District. These tracts of land already have access to the Green Valley Special Utility District water system. Provided by Cibolo: Since these tracts are not located within the Cibolo water CCN, water will not be provided by the City of Cibolo. Wastewater Service: Existing: The area subject to this annexation is located within the wastewater service area of the City of Cibolo. One of the tracts of land already has access to wastewater • service through a prior arrangement with the City of Schertz. The other tract does not have direct access to a wastewater system. IlCibolosvrlcity fileslCity ServiceslMunicipal Service Plan Dean Annexations 9-29-06.doc Page B-3 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 '/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,.an_d 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 to be provided immediately upon the effective date of the annexation. • Cibolo maintains aY ark system that is inclusive of ball fields,pavilion, and picnic P I\Cibolosvrlcity fileslCity Services1Municipal Service Plan Dean Annexations 9-29-06.doc Page B-4 facilities. The City is also developing additional facilities to meet growing 40 demands. The property owner(s) will have full access to any and all municipal facilities,pursuant to any applicable fees. • • 11CibolosvrlcityfileslCity ServicesMMunicipal Service Plan Dean Annexations 9-29-06.doc Page B-5 Bob & William Dean Property Annexations E —� + I 1 — I I 1-.S�l rT- -11 It-1-i t - • ,i 35.892 ac tract • �.. — —— Y .f 35.809 ac tract (Bill Dean) -- ,I::4-7..,11.! ____- 1,, ----- —--- �r1,, (Bob Dean) i i€'j — 1 ' 1:44:2,-,-r-r-1"- �". °s °�iii . — _ = �- gi!: ^ '�' i� ��Ii it 1lti �tft j j}°�E 13 } 1 I•~„ � j---,- ,, -.1.' ,4 S F--_ �� I i - t Old Weiderstein - -'r-` I r R lt, 11 u..,,,l/ t• •y. t-:„.;."----,', i1 I gent lima!' ' •i ii tees tl,n� n\�i• lt(We ..acrn a V ::NC'.._li • r,,41, I t e oe r S -) :eue a.,,st{• v-oOs 1I it. 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