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ORD 1212 09/12/2017 OF C naox,,,,,,,,, moa Tf X Pf' ORDINANCE NO. 1212 PROVIDING FOR THE VOLUNTARY EXTENSION OF THE CIBOLO, TEXAS CITY LIMITS BY THE ANNEXATION OF A TRACT OF LAND THAT CONTAINS AN AREA OF APPROXIMATELY 3.5 ACRES, LOCATED AT 691 LOWER VALLEY LANE; IMMEDIATELY ADJACENT TO THE EXISTING BOUNDARIES OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR SUCH AREA TO BE ANNEXED; AND AMENDING THE OFFICIAL CITY LIMITS/ETJ MAP OF THE CITY OF CIBOLO TO REFLECT THE VOLUNTARY ANNEXATION OF THE PROPERTY DESCRIBED HEREIN. WHEREAS,Texas Local Government Code section 43.021 authorizes the City of Cibolo, as a home-rule municipality, to extend its City limit boundaries through the annexation of area adjacent to those boundaries; and WHEREAS, section 1.03 of the City Charter of the City of Cibolo provides that the City Council has authority by ordinance to fix the City limit boundaries, provide for the alteration and extension of said boundaries,and annex additional territory lying adjacent to said boundaries in any manner provided by law; and WHEREAS, Texas Local Government Code section 43.052(h)(1) provides that an area proposed for annexation containing fewer than one hundred(100)separate tracts of land on which one or more residential dwellings are located on each tract is exempted from the state law requirement that an area proposed for annexation first be identified in an annexation plan; and WHEREAS, the areas described herein contain fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract and are, therefore, exempted from the above-described annexation plan requirement; and WHEREAS,the owners of the said property, of their own free will and accord, did voluntarily request that the City of Cibolo incorporate the approximate 3.5 acres described herein into the municipal boundaries of the City of Cibolo; and WHEREAS,the City Council of the City of Cibolo,Texas and the Planning and Zoning Commission held public hearings on the 8" day of August 2017, and the 9"'day of August 2017, respectively, each on the proposed annexation of approximately 3.5 acres,situated outside of,but immediately adjacentto 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 referenced public hearings was published in The Seguin Gazette on July 23,2017 and July 25,2017, 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 proposed service plan was made available for public inspection and explained to the inhabitants of the area at the public hearings held; and WHEREAS, the aforementioned public hearings were conducted not more that forty (40) days nor less than twenty(20)days prior to the institution of annexation proceedings; and WHEREAS,the population of the City of Cibolo, Texas is in excess of approximately 27,000 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: SECTION 1. The land and territory lying outside of, but adjacent to and adjoining the City of Cibolo, Texas, more particularly described in Exhibits `A' and `B', 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 Exhibits `A' and `B', are altered and amended so as to include said areas within the corporate limits of the City of Cibolo, Texas. SECTION 2. The land and territory comprising approximately 3.5 acres; more particularly described as the annexation area on Exhibits `A' and `B', are attached hereto and incorporated herein by reference, shall be part of the City of Cibolo, Texas and inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances,resolutions,and regulations of the City of Cibolo,Texas. SECTION 3. A service plan outlining the provisions of necessary municipal service to the properties described in Exhibit `C' is hereby approved and the implementation of said plan is hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit`C'. SECTION 5. The official City Limits/ETJ Map of the City of Cibolo shall be amended, as depicted in Exhibit `D', as attached hereto, to reflect the annexation of the subject properties. Such map is attached hereto and incorporated herein as Exhibit`D'. SECTION 4. That should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the City as a whole or any part thereof, other than the part so declared to be invalid. SECTION 5. This ordinance shall be effective immediately from and after passage. PASSED AND APPROVED this,the 12"day of September, 2017. Allen Dunn,Mayor ATTEST: Peggy Cimics, City Secretary