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ORD 1442 04/23/2024A or cis R o 4 O Utz �• 'cXyol choke' RESOLUTION NO. 16 -7;2 - RESOLUTION 6-7oZ- RESOLUTION BY THE CITY OF CIBOLO, TEXAS AUTHORIZING THE USE OF PUBLIC RESOURCES IN SUPPORT OF THE CIBOLO CROSSING STAMPEDE; FINDING THE USE OF PUBLIC RESOURCES IS FOR A PUBLIC PURPOSE; AUTHORIZING THE CITY MANAGER TO ARRANGE FOR THE USE OF PUBLIC RESOURCES; PROVIDING FOR REPEAL AND SEVERABILITY; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS CONDUCTED IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cibolo, Texas finds the Cibolo Crossing Stampede 5k Event (the Stampede) is a weekend event designated to benefit charities that enrich the lives of under -privileged or high-risk children; and WHEREAS, the City Council finds that allowing the use of traffic barriers to support the Stampede benefits local charities that enrich the lives of under -privileged or high-risk children; and WHEREAS, the City Council finds Fasken Oil and Ranch, ltd. will use traffic barriers to provide for the health, safety, and welfare of citizens and participants who attend the Stampede and ensure a safe and welcoming event; and WHEREAS, the City Council finds that allowing the use of traffic barriers will incur nominal costs on the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS THAT: 1) The recitals are hereby found to be true and correct and are hereby incorporated as part of this Resolution. 2) This Resolution is an appropriate use traffic barriers as it supports the public purposes stated herein. 3) The City of Cibolo allows the use of traffic barriers to Fasken Oil and Ranch, ltd. for its use in conducting the Stampede event scheduled on May 17, 2024, in Cibolo, Texas. 4) The City Manager is authorized to arrange for the delivery and return of the traffic barriers provided by this Resolution. 5) This Resolution shall be and is hereby cumulative of all other resolutions of the City of Cibolo, Texas, and this resolution shall not operate to repeal or affect any of such other resolutions except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Resolution, in which event such conflicting provisions, if any, in such other resolutions are hereby repealed. 6) If any section, paragraph, sentence, clause, or phrase of this Resolution shall for any reason be held to be unconstitutional or invalid by a court of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 Resolution. 7) The City Council hereby finds and determines that the meeting at which this Resolution was passed was conducted in accordance with the Texas Open Meetings Act. 8) This Resolution shall become effective and be in full force and effect from and after the date of passage and adoption by the City Council of the City of Cibolo, Texas. PASSED AND APPROVED THIS 23rd DAY OF ATTEST�7 ZL PEGGY CIMICS, TRMC City Secretary APPROVED AS TO FORM: GEORGE HfYDE, City Attorney Hyde Kelley LLP yor Go 0 v � o 'Ol,d Oebf ORDINANCE NO. 0'19— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS PROVIDING RULES REGULATIONS FOR THE ACTIVITIES OF COMMERCIAL TRUCKS IN THE CITY OF CIBOLO BY AMENDING CHAPTER 74, TRAFFIC AND VEHICLES, OF THE CIBOLO CODE; PROVIDING FOR THE NOTIFICATION OF NO THROUGH TRUCK TRAFFIC BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE COMMERCIAL TRUCKS IN THE CITY OF CIBOLO; PROVIDING FOR SEVERABILITY, REPEAL, SAVINGS, 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, the City Council finds the City of Cibolo, Texas (the "City") is a home -rule municipality; and WHEREAS, heavy truck traffic on certain streets in the City of Cibolo is creating a hazard threatening the health, safety and welfare of motorists and pedestrians, and creating unnecessary destruction of streets and pavement not designed for such traffic; and WHEREAS, the City of Cibolo has exclusive control and power over the streets, alleys, and public grounds and highways of the City pursuant to Transportation Code §311.001, as may be amended; and WHEREAS, vehicles of extraordinary weight and size can contribute to rapid destruction of surface streets typical to residential areas; and WHEREAS, the City desires to eliminate such hazards and destruction by regulating and restricting truck traffic at such locations; 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 Cibolo Code is hereby amended by deleting subsection 74-38(d) of Chapter 74 ("Traffic and Vehicles") and substituting therefor a new subsection 74-38(d) to provide as follows: Page 1 of 3 Sec. 74-38. - Through truck traffic. (d) The following streets are designated as "No Through Truck Traffic" streets: ■ North Main Street from TxDOT FM 1103 to Union Pacific Railroad (UPRR) ■ South Main Street from Union Pacific Railroad (UPRR) to TxDOT FM 78 ■ Tolle Road from Weil Road to Country Lane ■ Country Lane from Tolle Road to TxDOT FM 78 ■ Haeckerville Road from TxDOT FM 78 to TxDOT Interstate 10 Frontage Road ■ Cibolo Valley Drive from Old Wiederstein to North Main Street ■ Green Valley Road from Green Valley Loop to Southern Way ■ Green Valley Road from F.M. 1103 northeast to the Cibolo city limits. ■ Weil Road from Brite Road to FM 1103 ■ Green Valley Loop ■ Persimmon Drive ■ Woodland Oaks Drive (within Cibolo) ■ Bolton Road ■ Zuehl Road ■ Brite Road ■ Vista Del Rey ■ Country Vale ■ Lower Seguin Road ■ Still Brook Lane ■ Brook View ■ Brook Shadow SECTION 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or illegal by final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and ordained all the remaining portions of this Ordinance without the inclusion of such portion or portions found to be unconstitutional or invalid. Page 2 of 3 SECTION 4. Repeat. All resolutions or ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such conflict. In the event of a conflict or inconsistency between this Ordinance and any other resolution, code or ordinance of the City, or parts thereof, the terms and provisions of this Ordinance shall govern. SECTION 5. Savings. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of any ordinances regulating through truck traffic which have accrued at the time of the effective date of this Ordinance; and such accrued violations and litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. 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 7. 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 8. Penalty. It shall be unlawful to do or perform any act prohibited in this Ordinance, and it shall be unlawful to fail to do or perform any act required in this Ordinance. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a class "C" misdemeanor, which shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this Ordinance shall constitute a separate offense. SECTION 9. 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 "No Through Truck Traffic'. ORDERED on this 23 day of RPS / 2024. Peggy Cimics, City Secretary Hyde Kelley I City Attorney Page 3 of 3