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ORDINANCE NO: / `lq,6
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS,
AMENDING CHAPTER 38 OF THE CITY OF CIBOLO CODE OF
ORDINANCES; PROVIDING REGULATIONS FOR THE
REPLACEMENT OF MANUFACTURED HOMES; PROVIDING
FOR ENFORCEMENT OF SUCH REGULATIONS; PROVIDING
FOR SEVERABILITY, REPEAL, SAVINGS, PUBLICATION AND
CODIFICATION; DECLARING CONDUCT OF MEETING 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, as such, possesses the full power of local self-government; and
WHEREAS, the City Council finds that Texas Occupations Code Section 1201.008
authorizes municipalities in Texas to regulate manufactured homes; and
WHEREAS, the City Council finds that Texas Occupations Code Subsection 1201.008(e)
authorizes municipalities in Texas to limit the replacement of manufactured homes under
certain conditions; and
WHEREAS, the City Council now desires to enact regulations limiting the replacement of
manufactured homes under certain conditions.
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. Amendment. The Code of Ordinances of the City of Cibolo Texas is hereby
amended by adding a new definition to section 3 8-1 of Chapter 3 8 as set forth in Exhibit A attached
hereto.
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SECTION 3. Amendment. The Code of Ordinances of the City of Cibolo Texas is hereby
amended by adding new section 38-13 of Chapter 38 as set forth in Exhibit A attached hereto.
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the provisions of this Ordinance are hereby repealed to the extent of such conflict.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. Publication and Codification. The City shall publish this Ordinance 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 Compliance. The City Council finds that the meeting at which this
Ordinance passed was conducted in compliance 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, or any person who causes or allows another person to
violate, any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more than Five Hundres Dollars
($500.00). Each occurrence of any violation of this Ordinance shall constitute a separate
offense. Each day on which any violation of this Ordinance occurs shall constitute a separate
offense.
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SECTION 9. Effective Date. This Ordinance will become effective within the corporate city
limits of the City of Cibolo upon the required newspaper publication.
ORDERED on this 28 day of May 2024.
Mark Allen, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Cimics, TRMC
City Secretary
Hyde
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y Attorney
Exhibit A
New Definition to be added:
Section 38-1. — Definitions.
HUD -code manufactured home
(A) means a structure:
(i) constructed on or after June 15, 1976, according to the rules of the United States
Department of Housing and Urban Development;
(ii) built on a permanent chassis;
(iii) designed for use as a dwelling with or without a permanent foundation when the
structure is connected to the required utilities;
(iv) transportable in one or more sections; and
(v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length
or, when erected on site, at least 320 square feet;
(B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and
(C) does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).
New Section to be added:
Section 38-13. — Replacement of manufactured homes.
In the event that a nonconforming manufactured home occupies a lot in the city, the owner of
such manufactured home may remove the manufactured home from its location and place a HUD -
code manufactured home on the same property, provided that the replacement is a newer HUD -
code manufactured home and is at least as large in living space as the home being replaced. Except
in the case of a fire or natural disaster, an owner of a manufactured home is limited to a single
replacement of the manufactured home.
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