ORD 1438 04/09/2024"City of Choice -
ORDINANCE NO: 1438
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, REPEALING
ORDINANCE NO. 1417, APPROVING WITH CONDITIONS A
VARIANCE TO THE REQUIREMENT TO CONSTRUCT SIDEWALKS
FOR CERTAIN REAL PROPERTY LOCATED AT 504 PFEIL ROAD,
CIBOLO, TEXAS; PROVIDING FOR SEVERABILITY, REPEAL, AND
SAVINGS; DECLARING CONDUCT OF MEETING IN COMPLIANCE
WITH THE TEXAS OPEN MEETINGS ACT; PROVIDING AN
EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS, the City Council finds the City of Cibolo, Texas (the "City") is a home -rule
municipality; and
WHEREAS, the City Council finds that it approved Ordinance No. 1417, to release the property
owner of 504 Pfeil Road, Cibolo, Texas from any legal obligation to construct sidewalks on said
property; and
WHEREAS, the City Council finds that the variance is no longer necessary due to its approval
of an ordinance adopted on April 9, 2024, which amended the City's Unified Development Code
by removing the obligation to construct sidewalks in the Old Town Overlay District; and
WHEREAS, two public hearings were held to discuss the repeal of Ordinance No. 1417, with
the first public hearing being conducted by the Planning and Zoning Commission on Wednesday,
March 13, 2024 at 6:30 p.m. during a posted meeting and the second public hearing being
conducted by City Council on Tuesday, March 26, 2024 at 6:30 p.m. at a regular meeting, each
being conducted for the purpose of providing all interested persons the opportunity to be heard
concerning the proposed repeal described herein; and
WHEREAS, the City Council finds legal notice notifying the public of both public hearings on
the proposed repeal of Ordinance No. 1417 was posted on the City's official website and
published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, in
compliance with state and City law; and
WHEREAS, the City Council desires to repeal Ordinance No. 1417.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. Incorporating Recitals. The City Council approves the recitals hereto and
incorporates them herein as findings of fact as if recited verbatim.
SECTION 2. Amendments. The Code of Ordinances of the City of Cibolo, Texas is hereby
amended by repealing Ordinance No. 1417 in its entirety. Ordinance No. 1417 is null and void.
SECTION 3. Public Purpose. The City Council finds that the action taken, evidenced by this
ordinance, complies with all applicable rules and regulations set forth in the City's Unified
Development Code and all other applicable law and effectuates a public purpose of the City of
Cibolo.
SECTION 4. 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
authority, 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.
SECTION 5. Repeal. All resolutions, 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 6. Savings. All rights and remedies of the City 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 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 7. Open Meeting Compliance. The City Council finds that the meeting at which this
Ordinance passed was conducted in compliance with the Texas Open Meetings Act.
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SECTION 8. Effective Date. This Ordinance will become effective immediately following approval
by the City Council.
ORDERED on this q day of 76
ATTEST:
Peggy Cimics, TRMC
City Secretary
Mark Allen, Mayor
APPROVED AS TO FORM:
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Hyde Kelley LLP
City Attorney
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