ORD 1306 07/14/2020 OF C/�
O
0 r O
Tex AS
"City of Choice"
ORDINANCE NO. 1306
PROVIDING FOR THE VOLUNTARY EXTENSION OF THE CIBOLO, TEXAS
CITY LIMITS BY THE ANNEXATION OF A TRACT OF LAND THAT
CONTAINS AN AREA OF 10.03 ACRES, LOCATED .19 MILES WEST OF THE
INTERSECTION OF BOLTON ROAD AND SANTA CLARA ROAD;
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 43.003 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 owner of the said property, of their own free will and accord, did voluntarily request that
the City of Cibolo incorporate the 10.03 acres described herein into the municipal boundaries of the City
of Cibolo; and
WHEREAS, the City Council of the City of Cibolo, Texas held a public hearing on the 14' day of July
2020, on the proposed annexation of approximately 10.03 acres, situated outside of, but immediately
adjacent to the current corporate limits of the City of Cibolo, Texas and such public hearing 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 hearing was published in The Seguin Gazette on May
17, 2020 and May 20, 2020, 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 hearing held;and
WHEREAS, the aforementioned public hearing was 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 30,000
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 10.03 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 property
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 property. Such map is attached
hereto and incorporated herein as Exhibit`D'.
SECTION 4. This Ordinance is not severable.
SECTION 5. This ordinance shall be effective immediately from and after passage.
PASSED AND APPROVED this,the i q day of 2020.
Stosh Boyle, ayor
ATTEST:)
Peggy Cimics, TRMC, City Secretary
EXHIBIT A: ANNEXATION AREA METES & BOUNDS (DESCRIPTION)
BEING an 10.030 acre tract of land lying in the Francisco Garcia Survey,Abstract 141,Guadalupe County,Texas,
same being a portion of a 13.5 acre tract of land as described and recorded in volume 482,page 702,Deed Records
of Guadalupe County,Texas,same also being described by a drawing(119281 Krebs—10_03Ac Tract.dwg dated
November 11,2019)attached to and made part hereof and more particularly described as follows:
BEGINNING at a 1/2" iron pipe found in the existing north right-of-way line of Bolton Road(60' wide right-of-
way), for the southwest corner of a 10.00 acre tract of land as described and recorded in volume 3186,page 389,
Official Public Records of Guadalupe County, Texas, the southeast corner of the aforementioned 13.5 acre tract,
and the southeast comer of the herein described 10.030 acre tract;
THENCE along the existing north right-of-way line of the aforementioned Bolton Road and the south line of the
aforementioned 13.5 acre tract,S58°59'57"W a distance of 853.93 feet(Record—S60°32'W per volume 482,page
702)to a 1/2" iron rod set with plastic cap stamped"CDS/NIUERY S.A.TX."for the southeast corner of a 3.500
acre tract of land as described and recorded in volume 595,page 480,Deed Records of Guadalupe County,Texas,
and the southwest comer of the herein described 10.030 acre tract;
THENCE leaving the south line of the aforementioned 13.5 acre tract and the existing north right-of-way line of
the aforementioned Bolton Road,over and across said 13.5 acre tract, N31°22'59"W,passing a 1/2"iron pipe found
at a distance of 509.43 feet, a total distance of 510.59 feet to a 1/2" iron rod set with plastic cap stamped
"CDS/MUERY S.A.TX.",in the south line of an 18.7927 acre tract of land as described and recorded in document
#2016003819,Official Public Records of Guadalupe County,Texas,for the northeast corner of the aforementioned
3.500 acre tract,and the northwest corner of the herein described 10.030 acre tract;
THENCE N58059'57"E a distance of 857.45 feet(Record—N60032'E per volume 482,page 702),along the south
line of the aforementioned 18.7927 acre tract,and the north line of the aforementioned 13.5 acre tract,to a 1/2"iron
rod set with plastic cap stamped"CDS/MUERY S.A.TX.", for the northwest comer of the aforementioned 10.00
acre tract,the northeast comer of the aforementioned 13.5 acre tract,and the northeast comer of the herein described
10.030 acre tract,from which a found 1/2"iron pipe found bears S07028'05"E a distance of 2.54 feet;
THENCE leaving the south line of the aforementioned 18.7927 acre tract,along the west line of the aforementioned
10.00 acre tract and the east line of the aforementioned 13.5 acre tract, S30°59'17"E a distance of 510.58 feet
(Record—S29°28'E,509.1 feet per volume 482,page 702),to the PLACE OF BEGINNING and containing 10.030
acres of land.
The bearing basis for this survey is Grid North,Texas State Plane Coordinate System,NAD 1983(HARN), South
Central Zone.
THE STATE OF TEXAS X
X KNOWN TO ALL MEN BY THESE PRESENTS:
COUNTY OF BEXAR X
I,Derek Snoga,a Registered Professional Land Surveyor,do hereby certify that the above field notes were prepared
using information obtained by an on the ground survey made under my direction and supervision in November
2019.
Date 1 {h day of Alytle"Av- 2019 A.D.
OF
:q. tea' Derek Snoga
DEREK SNOGA Registered Professional Land Surveyor
1�!�....................... No. 6511 -State of Texas
EXHIBIT B: ANNEXATION AREA METES & BOUNDS (MAPPED)
Pg. 3 of 3
LEGAL DESC. LARRY W. KRESS - 10.030 AC.docx TRACT C (SACRES
RACC
CDS JOB NO. 119281 18.7927 ACRES CRES
DOCS 2016003819 03819
BEARING BASIS: GRID NORTH O.P.R.G.C, .C.
COORDINATE SYSTEM: TEXAS STATE PLANE.
NA083(2011), EPOCH:2010 PC
TEXAS SOUTH CENTRAL ZONE (4204) :fhALL DISTANCES SHOWN ARE SURFACE.
�'(GRID X 1.00015 - SURFACE) 'THIS EXHIBR REPRESENTS A BOUNDARY SURVEY t/2' IRON 10.00 ONLY. NO VISIBLE EASEMENTS OR EASEMENTS OF PIPE FOACRESRECORD ARE DEPICTED HEREON.
"TRACT A"
DETAIL "A" 18.7927 ACRES DETAIL "B"
NOT TO SCALE DOC# 2016003819 NOT TO SCALE
O.P.R.C.C.
DETAIL 'A• DETAIL '8'
1/2' IRON N58'59'57"E 857.45' 1/2' IRON
PIPE FOUND (REC0RD-N60'J2£) PIPE FOUND
FRANCISCO CARCIA SLWVEY,
ABSTRACT 141
10.00 ACRES
VOL. 3186, PG, 389
O.P.R.C.C.
13.500 ACRES co
uA VOL. 482, PG_ 7C7 In
O O.R G C. ci
3.500 ACRES voi
VOL. 595, PG. 480 Ln 4i u7 Z
D.R.G.C. H e
10.030 ACRE TRACT h
CD N Ill
O •_ O c
LO N7 M
Z V1
aj
(RECORD-S60•32'W)
BARB WIRE FENCE $58.5 '57"W 853.93' BARS WiRE FENCE
R.O.W. I .
BOLTON ROAD
R.O.W. (60• WIDE RIGHT-OF-WAY) POB
1/2" IRCN
PIPE FOUND
154.534 ACRES
VOL. 4101, PG. 416
O.P.R.G.C.
*GS
LEGEND
O-
......................1/2' IRON ROD SET WITH PLASTIC CAP
STAMPED "CDS/MUERY S.A. TX." ...DEREK SNOGA
0- FOUND MONUhiENTATION
P08- PLACE OF
BEGINNING
4- PROPERTY LINES
R.O.W.- RIGHT-OF-WAY -'•• ••• 10.030 ACRE TRACT
D.R.G.C.- DEED RECORDS OF GUADALUPE COUNTY SURA LARRY W. K R E B S
ORA. G.C.- OFFICIAL PUB-IC RECORDS OF GUADALUPE COUNTY ,T
0 150' 300' 11 11 '2 FRANCISCO GARCIA SURVEY
ABSTRACT 141
SCALE INFEET GUADALUPE COUNTY, TEXAS
DRAWN 81': DATE' pc
CDS muerY
1 SAM NOVEMBER 1 1, 2019
DRAWING NAME: Your l4rddpew.•
ENGINEERS SURVEYORS 119281_KREBS-10_03AC TRACT.DWG
INTERNET I ELEcralc 1 ROME
EXHIBIT C: 2020 ANNEXATION PROGRAM, CITY OF CIBOLO,TEXAS
• � 1 ' I I 1
Upon annexation of the area identified above the City of Cibolo will provide City services utilizing methods by
which it extends services to any other equivalent area of the City.
SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION
1. Police Protection
The City of Cibolo, Texas and its Police Department will provide police protection to newly annexed areas at the
same or similar level of service now being provided to other areas of the City with like topography, land use and
population density as those found within the newly annexed areas. The Police Department will have the
responsibility to respond to all dispatched calls for service or assistance within the newly annexed areas.
2. Fire Protection and Emergency Medical Services
The City of Cibolo,Texas and its Fire Department will provide fire protection to newly annexed areas at the same or
similar level of service now being provided to other areas of the City,with like topography, land use and population
density as those found within the newly annexed areas.
The City of Cibolo, Texas contracts with the City of Schertz for EMS services and will provide EMS services
through that contract to newly annexed areas at the same or similar level of service now being provided to other
areas of the City, with like topography, land use and population density as those found within the newly annexed
areas.
3. Maintenance of Water and Wastewater Facilities
All of the newly annexed property is within the water and wastewater service areas of Green Valley SUD. The City
of Cibolo does not own or maintain water or wastewater facilities in the annexation area at the time of the proposed
annexation. The Green Valley SUD does not own or maintain wastewater facilities in the annexation area at the
time of the proposed annexation. Any existing GVSUD facilities that may happen to be present in the annexation
area shall continue to be maintained by GVSUD. Any water or wastewater facilities that may be dedicated to, or
acquired by,the City of Cibolo,subsequent to the proposed annexation, shall be maintained by the City of Cibolo at
such time as said utilities are accepted by the City of Cibolo. Existing water and wastewater facilities owned by the
City of Cibolo outside of the annexation area shall be available for the point of use extension based upon the City of
Cibolo standard extension policies in the Cibolo UDC,as may be amended,and action by the City Council.
4. Solid Waste Collection
The City of Cibolo, Texas contracts for the collection of solid waste and refuse within the corporate limits of the
City with Republic Services. Solid waste collection will be provided to citizens in the newly annexed areas at the
same or similar level of service now being provided to other areas of the City with like topography, land use and
density as those found within the newly annexed areas. The City may negotiate with annexed areas to allow
continued services with an existing solid waste management provider. After the second anniversary of the
annexation date,the City will impose fees and provide the service.
If areas with private roads and/or gates are arranged so that garbage may be collected without creating a safety
hazard, the City, at its discretion, may collect the garbage provided proper indemnification is received from the
community association or individual property owners. The City will then impose fees and provide the service.
Garbage collection locations shall be subject to the approval of the Sanitation Manager. In the event the City does
not collect garbage within the areas with private roads and/or gates, residents of these areas will not be billed for
service after the two-year date.
5. Maintenance of Roads and Streets
Any and all public roads, streets or alleyways shall be maintained to the same degree and extent that other public
roads, streets, and alleyways are maintained in areas of the City with like topography, land use and density as those
found within the newly annexed areas. Private roads will remain under the ownership of the homeowner's
association and as such maintained by the association.
6. Maintenance of Parks,Playgrounds,and Swimming Pools
The City of Cibolo, Texas is not aware of the existence of any publicly owned parks, playgrounds or swimming
pools now located in the proposed areas of annexation. In the event any such parks, playgrounds, or swimming
pools do exist and are public facilities,the City will maintain such areas and facilities to the extent and degree and to
the same or similar level of service now being provided to other such areas and facilities within the corporate limits
of the City with like topography, land use and density as those found within the newly annexed areas. Private
facilities will remain under the ownership of the homeowner's association and as such maintained by the
association.
7. Maintenance of any Publicly Owned Facility,Building or Municipal Service
The City of Cibolo,Texas is not aware of the existence of any publicly owned facility,building,or other municipal
service now located in the proposed areas of annexation. In the event any publicly owned facility,building,or other
municipal service does exist and are public facilities, the City will maintain such areas and facilities to the extent
and degree and to the same or similar level of service now being provided to other such areas and facilities within
the corporate limits of the City with like topography, land use and density as those found within the newly annexed
areas.
8. Other Services
The City of Cibolo, Texas finds and determines that such services as planning, code enforcement, animal control,
library, parks and recreation, court and general administration will be made available after the effective date of
annexation at the same or similar level of service now being provided to other areas of the City with similar
topography,land use and density as those found within the newly annexed areas.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2%:YEARS
1. Police and Fire Protection and Solid Waste Collection
The City of Cibolo, Texas, finds and determines that it is not necessary to acquire or construct any capital
improvements within 2 '/z years of the effective date of the annexation of the particular annexed areas for the
purpose of providing police protection, fire protection, emergency medical services or solid waste collection. The
City finds and determines that it has at the present time adequate facilities and other resources to provide the same
type, kind and level of service and protection which is presently being administered to other areas already
incorporated in the City of Cibolo, Texas with like topography, land use and population density as those found
within the newly annexed areas.
2. Water/Wastewater Facilities
The City of Cibolo,Texas,finds and determines that it is not necessary to acquire or construct capital improvements
within 2 %z years of the effective date of the annexation of the particular areas being annexed.
3. Roads and Streets
The City of Cibolo, Texas, finds and determines that it is necessary to acquire and construct capital improvements
within 2 '%years of the effective date of the annexation of the particular annexed areas.
4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility,
Building,or Service
The City of Cibolo,Texas,finds and determines it is not necessary to acquire or construct any capital improvements
within 2 '/i years of the effective date of the annexation of the particular areas for the purpose of parks maintenance,
playgrounds,swimming pools and other publicly owned facility,building or service.
SPECIFIC FINDINGS
The City of Cibolo, Texas, finds and determines that this proposed service plan will not provide any fewer services
and will not provide a lower level of service in the areas being considered for annexation that were in existence in
the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas'
topography, land utilization and population density,the service levels to be provided in the newly annexed areas will
be equivalent to those provided to other areas of the City with similar characteristics.
TERMS
This plan shall be valid for a term of ten(10)years. Renewal of the Service Plan is at the discretion of the City of
Cibolo.
LEVEL OF SERVICE
Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the
City, including the annexed areas, if different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of service.
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local
Government Code.
EXHIBIT D: UPDATED CITY LIMITS/ETJ MAP, CITY OF CIBOLO,TEXAS
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