ORD 1436 02/13/2024`1 OF C'*
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ORDINANCE NO. I Mo
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS AMENDING
CHAPTER 74 OF THE CIBOLO CODE OF ORDINANCES; PROVIDING
RULES AND REGULATIONS FOR TRAFFIC AND VEHICLES; PROVIDING
FOR THE INSTALLATION OF SIGNAGE; PROVIDING FOR SAVINGS,
REPEAL, SEVERABILITY, PUBLICATION AND CODIFICATION;
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS CONDUCTED IN COMPLIANCE WITH THE TEXAS OPEN
MEETINGS ACT; PROVIDING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Texas Transportation Code Section 545.352 establishes the prima facia speed
limits for streets inside and outside an urban district; and
WHEREAS, Texas Transportation Code Section 545.356 authorizes the City Council to alter
the speed limits on city roadways based on the results of an engineering and traffic
investigation; and
WHEREAS, Texas Transportation Code Section 545.356 provides that absent an engineering
and traffic investigation the City Council may declare a lower speed limit of not less than 25
miles per hour on a two-lane undivided highway that is not an officially designated or marked
highway or road of the state highway system, if the governing body determines that the prima
facie speed limit on the highway is unreasonable or unsafe; and
WHEREAS, Tolle Road between Weil Road and Country Lane is a two-lane undivided
highway, and is not an officially designated or marked highway or road of the state highway
system; and
WHEREAS, the City Council finds that the public should be aware of the rough condition of
Tolle Road; and
WHEREAS, the City Council finds that a prima facie speed greater than 25 mph is unsafe on
this section of Tolle Road and the City Council desires to establish the speed limit of 25 mph
on this section of roadway.
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cibolo,
Texas:
SECTION 1: Findings. The recitals are hereby found to be true and correct and are hereby
incorporated as part of this Ordinance.
SECTION 2: Amendments to Chapter 74. The Code of Ordinances of the City of Cibolo is
hereby amended by deleting Section 74-124 of Chapter 74 and substituting therefor a new Section
74-124 of Chapter 74 to provide as set forth in Exhibit A attached hereto:
SECTION 3. Signage. The Public Works Director and City Engineer are hereby authorized and
directed to erect the appropriate signs indicating the herein enacted speed limit and rough condition
of the road in accordance with Texas Department of Transportation Standard Highway Sign
Designs W8-8.
SECTION 4. Savings. All rights and remedies of the City of Cibolo are expressly saved as to any
and all violations of the provisions of any ordinances which have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5. Repeal. This Ordinance shall be and is hereby cumulative of all other ordinances of
the City of Cibolo, Texas, and this Ordinance shall not operate to repeal or affect any of such other
ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, in such other
ordinances are hereby repealed.
SECTION 6. Severability. If any section, paragraph, sentence, clause, or phrase of this Ordinance
shall for any reason be held to be unconstitutional or invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 7. Publication and Codification. The City shall publish this Ordinance in the
newspaper designated as the official newspaper of the City twice as required by Section 3.13 (3) of
the City Charter. This Ordinance will be codified in the Cibolo Code in the next appropriate update.
SECTION 8. Open Meeting. The City Council hereby finds and determines that the meeting at
which this Ordinance was passed was conducted in accordance with the Texas Open Meetings Act.
SECTION 9. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance. Any person who violates any provision of this Ordinance shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1 or more
than $200. Each occurrence of any violation of this Ordinance shall constitute a separate offense.
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SECTION 10. Effective Date. This Ordinance will become effective within the corporate city
limits of the City of Cibolo upon the required newspaper publication and the installation of signs
designating the 25 MPH speed limit.
PASSED, APPROVED, AND ADOPTED THIS /3 DAY OF FEBRUARY, 2024.
ATTEST:
PEGGY CIMICS, TRMC
City Secretary
MARK ALLEN
Mayor
APPROVED AS TO FORM:
GEOI44E HYDE, ity Attorney
Hyde Kelley LLP
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Exhibit A
ARTICLE IV SPEED REGULATIONS AND SCHOOL ZONES
DIVISION 2. SPEED LIMITS
Sec. 74-124. Maximum limits on specific streets.
(a) The city council alters the maximum speed limit the following streets or portion thereof
within the city in accordance with the provisions of Tex. Transportation Code § 545.356.
(1) Main Street:
a. From the Intersection of FM 1103 in a southerly direction to the intersection
of Loop 539, a distance of approximately 0.82 Miles, 25 miles per hour.
b. From the intersection of Schlather Street in a northerly direction to the
intersection of Loop 539, a distance of approximately 0.55 Miles, the
maximum speed limit is 25 miles per hour.
(2) Pfeil Road: From the intersection of Main Street in a westerly direction to the
intersection of South Street, a distance of approximately 0.34 miles, the
maximum speed limit is 25 miles per hour.
(3) Tolle Road: From the intersection of Weil Road to the intersection of Country
Lane, a distance of approximately 1. 19 miles, the maximum speed limit is 25
miles per hour.
(b) An operator may not drive a motor vehicle at a speed greater than 25 miles per hour on
the streets or portions of street specified in Subsection 74-124(a) of this Code.
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