ORD 1452 07/09/2024ORDINANCE NO: 1452
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING
THE CITY OF CIBOLO'S DROUGHT CONTINGENCY PLAN;
AMENDING CHAPTER 78, ARTICLE IV OF THE CIBOLO CODE OF
ORDINANCES; AMENDING THE CITY'S DROUGHT
CONTINGENCY REGULATIONS; PROVIDING FOR
SEVERABILITY, REPEAL, SAVINGS, PUBLICATION, AND
CODIFICATION; DECLARING ADOPTION IN COMPLIANCE WITH
THE TEXAS OPEN MEETINGS ACT; PROVIDING A PENALTY;
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 the City of Cibolo receives nearly all of its potable water
from the Canyon Regional Water Authority ("CRWA"); and
WHEREAS, the City Council finds the surface water treated by CRWA is regulated by the
Guadalupe -Blanco River Authority ("GBRA"); and
WHEREAS, the City Council finds GBRA has modified its drought management strategy
which then effected the CRWA's Drought Contingency Plan; and
WHEREAS, the City Council finds the City of Cibolo's Drought Contingency Plan is based
upon the CRWA's Drought Contingency Plan; and
WHEREAS, the City Council finds CRWA has amended its Drought Contingency Plan; and
WHEREAS, the City Council desires to amend the City of Cibolo's Drought Contingency
Plan in accordance with the amendments to CRWA's Drought Contingency Plan; and
WHEREAS, the City Council finds the City has promulgated drought contingency
regulations in Article IV of Chapter 78 of the Code of Ordinances; and
WHEREAS, the City Council desires to amend its regulations; and
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WHEREAS, the City Council has considered the merits of this amendment to Chapter 78
Article IV and has determined that this ordinance is necessary to protect the health, safety,
morals, and welfare of the community.
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 deleting Subsections 78-205, 78-206 and 78-208 of Chapter 78 and substituting
therefor new Subsections 78-205, 78-206 and 78-208 of Chapter 78, to provide as set forth in
Attachment A attached hereto.
SECTION 3. Adoption. Article IV of Chapter 78 is hereby adopted as the City of Cibolo
Drought Contingency Plan.
SECTION 4. Effectuation. The City Manager and the City Secretary are directed to take
such actions as are necessary and appropriate to effectuate this ordinance.
SECTION 5. 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 6. 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 7. 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 8. 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 9. Open Meeting Compliance. The City Council finds that the meeting at which
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this Ordinance passed was conducted in compliance with the Texas Open Meetings Act.
SECTION 10. 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 in accordance with the penalty provision found in Section 78-
206 of the Code of Ordinances. Each occurrence of any violation of this Ordinance shall constitute
a separate offense.
SECTION 11. Effective Date. This Ordinance will become effective upon the required
newspaper publication.
PASSED, APPROVED AND ADOPTED on this 9th day of July 2024.
ATTEST:
By: q�� �-�-
Peggy Cimics, TRMC
City Secretary
Mark Allen, Mayor
APPROVED AS TO FORM:
L�
Hyde Ket ey LLP
City Attorney
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