Ord 1375 08/09/2022 Special -Niemietz Park pf Cj
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"City of Choice"
ORDINANCE NO'. 1375
AN ORDINANCE ORDERING A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY; NOVEMBER 8,..2022: FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE
CITY: OF CIBOLO, :TEXAS:.IN ACCORDANCE WITH SECTION
253.001(b) OV.THE TEXAS LOCAL GOVERNMENT :CODE THE
ISSUE OF THE AUTHORIZATION OF THE SALE, CONVEYANCE ,'
OR -EXCHANGE OF A PORTION OF NIEMIETZ PARK TO. THE
CITY OF CIBOLO ECONOMIC DEVELOPMENT CORPORATION
FOR THE PURPOSES OF ECONOMIC DEVELOPMENT IN THE
CITY AND REVITALIZATION OF. NIEMIETZ :. PARK,
SPECIFICALLY A 1.4 ACRE-TRACT OF LAND AND A 4.2 ACRE-
TRACT OF LAND FOR A TOTAL OF 5.6 ACRES .OUT OF A 12:922
ACRE-TRACT OF LAND OWNED, HELD AND ' CLAIMED ASA ,
PUBLIC PARK BY THE CITY.OF CIBOLO, TEXAS AND KNOWN AS
NIEMIETZ PARK LOCATED: AT 618 :FM 78: 1N THE- CITY: :OF
CIBOLO, GUADALUPE COUNTY,TEXAS 78108
WHEREAS;: the City :Council has reviewed the economic development needs of the City of
Cibolo-:("City") and has determined. that 5.6. acres out: of a 12.922 acre-tract of land currently,
owned by,the City could potentially enhance the tax base for the City; and
WHEREAS,the 5.6 acres.is currently held.and claimed as a publicpark by the City and such
acreage is known as Niemietz Park located at 618 FM 78 in the City of Cibolo; and
WHEREAS; iii accordance with.Section 253.001(b).of the Texas Local Govetnment'Code, the
issue of the authorization of the sale and conveyance of a public park by the City must be
submitted to the qualified voters of the. City on the next.uniform election date, November 8-,
2021;.and
:WHEREAS, the City Council believes that 'a special' municipal election be set on the:
November 8; 2022, for the purpose of submitting to the qualified voters of the City of Cibolo,
the issue of the authorization of the sale and conveyance of'a 1.4 acre=tract of land and a 4.2
acre-tract of land for a total of 5.6 acres out of a 12.922. acre-tract of land (being part of a tract
of-land conveyed to Henry Remmler et:ux as recorded in Volume 208, Pages 180-182, of the
Deed Records of Guadalupe County, Texas, and also being'part of the:Albert Mueller 147 acre
tract out of the A. S. Lewis Survey) described in a deed recorded in Volume 442, Pages 552-553
PCD 288183
of the=Deed Records of Guadalupe County, Texas; such 5.6 :acres out;of the 12.922 acre-tract
owned, held and claimed as a public park by the. City of Cibolo, Texas and known as Niemietz
Park located at 618 FM 78 in the City of Cibolo, Guadalupe County, Texas 78108
("authorization-of the sale and conveyance of 5.6 acres out.of Niemietz Parkin the City of
Cibolo, Guadalupe County, Texas"); and
WHEREAS, if°the citizens approve the sale or exchange of a portion of Niemietz Park; the
Cibolo Economic Development Corporation has offered to exchange a 1.5-acre tract and a 4.1-
acre tract'for a total 5.6'acres that is contiguous to the Park and such exchange will assist with
the enhancement and revitalization of Niemietz Park; and
WHEREAS, the City Council hereby finds and determines the partial sale and conveyance of,
Niemietz Park be. submitted:is in compliance with the Texas Local Government Code and that
the holding of this election on the uniform election date set forth below is in conformance with
all applicable election laws; and
WHEREAS, contingent on obtaining approval by the.voters to sell convey or exchange 5.6 acres
out of Niemietz Park, the City. Council intends to sell, convey or exchange the 5.6 acres out of
Niemietz Park for fair market value to the Cibolo Economic Development Corporation (CEDC)
in accordance with §272.001.(b)(4) in that the CEDC. is deemed an independent foundation'for
purposes of conveying the land without requiring notice and bidding; and
WHEREAS, upon approval by the:voters, the City and CEDC will enter.into a Development
Agreement whereby the.CEDC agrees to develop the 5.6 acres for economic development
purposes and the CEDC will exchange 5.6 acres owned by CEDC that is contiguous to.the Park
that will :assist with the enhancement and revitalization of Niemietz Park: that will-meet the
recreational needs of the citizens of the City.
NOW THEREFORE, BE IT ORDAINED BY.THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS THAT:
SECTION 1. A municipal election is hereby ordered to,be held at.the polling sites designated
by the County Elections Officer of Guadalupe County,.Texas on.the authorized uniform election
date of Tuesday, November 8, 2022, at which time shall be submitted to the qualified voters of
the City the:following proposition:
SALE AND CONVEYANCE OF 5.6 ACRES OUT OF NIEMIETZ PARK
IN THE CITY OF CIBOLO, GUADALUPE COUNTY; TEXAS
"Shall.the City of Cibolo be authorized to sell or exchange 5.6 acres city-owned land out of
Niemietz Park located at 618 FM 78, Cibolo; Texas in exchange for 5.6 acres of land owned by
the Cibolo Economic Development Corporation for purposes of economic development and ,
revitalization of Niemietz Park?
FOR: ❑
AGAINST: o
PCD 288183
SECTION.2. The 1:4 acre-tract of land and the 4.2 acre-tract land comprising the 5.6 acres out
of the 12:922 acres known.as Niemietz Park are described in Exhibit "A" attached hereto and
incorporated herein for all purposes.
SECTION 3. Propositions approved.,by a majority of the voters shall be' effective, when the
City has canvassed the election results and enters an order stating the same.
SECTION 4. As soon as.practicable. after the election and the.declaration:by the Council that
the votes have been canvassed, the City shall certify to the Secretary of State an authenticated
copy showing_approval or disapproval of the proposition.
SECTION 5. The foregoing special municipal election is hereby ordered to be held: on
Tuesday, November 8,'2022, in accordance with..the laws.of Texas, arid-the.provisions of the
Charter of_the City of Cibolo, and the official ballots for said election shall be prepared-in
accordance with the Texas Election Code for the election:
SECTION 6. The election ordered herein shall be held as prescribed by.law, in the City.of.
Cibolo.during hours and at the sites set by the County Elections Officer of Guadalupe County,
Texas.
SECTION 7. Voting at said election shall be conducted as determined by the County:Elections
Officer of Guadalupe County, Texas. The equipment necessary for voting shall be available at
the voting sites for the purpose of conducting early voting_by personal appearance and at the
Election Day voting sites established for the.purpose of voting by personal appearance on
Election Day, Tuesday, November 8, 2022. The County- Elections Officer of Guadalupe
County, Texas is authorized and charged to perform the functions provided by law in the casting
of early ballots commencing on October 24, 2022, and ending on November 4, 2022; all in the
method,, manner and time-made and.provided by the.Statutes of the State of Texas on this
subject. Lisa Hayes, Elections Administrator will be appointed as..early voting clerk in
compliance.with Section 271.006 of the.Texas Election Code. Other deputy early voting clerks
will be appointed as needed to process early voting mail and to conduct early voting at the main
location and branch locations. Any qualified, voter for the joint election may vote early by
personal appearance at either the main early voting location, branch locations, or temporary
branch locations.
SECTION S.. :The Mayor and City Council shall contract with Guadalupe County through the
.Guadalupe County Clerk's Elections Office for the conduct of this election.- The Guadalupe
:County Clerk's Elections Department:shall appoint the election officers to hold said.election, in
accordance with State Election Law, including an Early Balloting Board,:'Signature Verification
Committee.and the Central Counting Station representatives which shall count and canvass the
early ballots cast at said election.
SECTION 9..: Notice of said election shall be given by publishing both in English and Spanish
a substantial copy of this ordinance twice in a daily newspaper of.general circulation published
in the City not earlier than the 30th day or later than the 10th day before the election.
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SECTION 10. If any part, section, paragraph, sentence, phrase, or word of this Ordinance is
for any reason held to be unconstitutional, illegal, 'inoperative, invalid or ineffective, or if any
exception to or limitation upon . any general provision herein contained is held to .be
unconstitutional, illegal, :inoperative, invalid or ineffective, the remainder of this Ordinance
shall nevertheless stand effective and valid as if it had been enacted.without the portion held to
be unconstitutional-, illegal, inoperative;invalid or ineffective.
SECTION:IL The recitals contained in the preamble hereof are hereby found:to be true, and
such recitals are hereby made.a' part of this Ordinance for all purposes and are adopted.as a part:.
of the judgment and findings of the City Council.
SECTION 12. This ordinance shall be effective upon passage.
PASSED AND APPROVED THIS Q th DAY OF AUGUST,2022.
APPROVED.:
- Stosh Bo e; Mayor -
ATTEST:
Peggy Cimics, TRMC
City Secretary
PCD 288183
EXHIBITA:
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