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ORD 1220 10/10/2017 OF �y & 0 Y F4 M �'xmi unn01'P� Tex As "City of Choice" ORDINANCE NO. l cZa D AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO CONFIRMING AND APPROVING A BOUNDARY AGREEMENT ESTABLISHING THE MUNICIPAL BOUNDARY BETWEEN THE CITY OF CIBOLO AND THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cibolo and City of Schertz (collectively referred to as the "Cities") are neighboring and adjacent home rule municipalities that are empowered to establish and expand their corporate boundaries through annexation; and WHEREAS, the Cities share common corporate boundaries, and such commonality shall increase as a result of future annexations by both Cities; and WHEREAS, the Cities, by virtue of their inherent authority as home rule municipalities, and state statutes, including Texas Local Government Code Section 43.031, may agree on the Cities mutual boundaries; provided that such agreement does not change either City's existing boundaries of any area by more than 1,000 feet; and WHEREAS, in particular, the City Charter of the City of Cibolo, Sections 1.03 (1) and (3) authorizes City Council, by ordinance, to fix the City's corporate 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, to extend the City's extraterritorial jurisdiction boundaries in such manner as provided by state law; and WHEREAS, in accordance with such authority the Cities seek to avoid conflicts and uncertainty relative to the extent and location of their respective corporate boundaries; and the potential for litigation involving the same; and WHEREAS, the Cities, desire to approve, a municipal boundary clarification agreement which is attached and incorporated herein as Exhibit "A" (hereafter referred to as the "Boundary Agreement"); and, which confirms and adjusts the Cities boundaries as authorized by this Ordinance and a similar ordinance passed by Schertz; and WHEREAS, the developer of the Homestead Subdivision, as owner of the real property affected by the boundary adjustment reflected in the Boundary Agreement, has requested the boundary adjustment and has agreed to pay any recordation fees and legal fees incurred by the City to accomplish the requested boundary adjustment; and Page 1 WHEREAS, the Cities find and determine it necessary for the health, safety and welfare of their residents to confirm boundaries and make certain agreements and adjustments regarding their respective corporate boundaries. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS,THAT: SECTION 1. The legislative findings set out above, are hereby adopted and incorporated herein for all purposes. SECTION 2. The Boundary Agreement attached hereto as Exhibit "A" is hereby approved and fully incorporated in this Ordinance. The City Manager is hereby authorized to execute an agreement in substantive form as Exhibit "A", and such other documents that are reasonably necessary to facilitate the purpose of this Ordinance. SECTION 3. The City Manager is hereby authorized and directed to: (i) have the official map of the City's corporate limits revised to reflect the revisions authorize under the Boundary Agreement, as described in Exhibit "B"; (ii) provide all required notifications, of the changes to the corporate limits made effective by this ordinance, to appropriate state and county officials; and (iii) take such other necessary and proper action, in accordance with the laws of this state and the City Charter to memorialize the revision to the City of Cibolo's corporate boundaries as established by the Boundary Agreement. // PASSED AND APPROVED this,the ib day of OC40e/" 2017. Allen Dunn,Mayor ATTEST: Peggy Cimics, City Secretary Page 2