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ORDINANCE NO. �H61
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS APRPOVING A
COMPREHENSIVE SIGN PROGRAM FOR CERTAIN REAL PROPERTY
LOCATED AT 961 CIBOLO VALLEY DRIVE TO INCLUDE THREE
SIGNS; DECLARING COMPLIANCE WITH APPLICABLE STATE AND
LOCAL LAWS; PROVIDING FOR SEVERABILITY, REPEAL, SAVINGS,
PUBLICATION AND CODIFICATION; DECLARING CONDUCT OF
MEETING IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS
ACT; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE;
AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Texas Local Government Code Section 216.003 authorizes the City of Cibolo
("City"), as a home rule municipality, to require the relocation, reconstruction, or removal of any
sign within its corporate limits or extraterritorial jurisdiction; and
WHEREAS, the City has adopted sign regulations codified as Chapter 58 of the City's Code of
Ordinances; and
WHEREAS, Section 58-14 of the Cibolo Code of Ordinances provides for the approval of a
Comprehensive Sign Program for properties that are integrated commercial and industrial
developments; and
WHEREAS, P. Terry's, by and through Comet Signs, filed an application for a Comprehensive
Sign Program for certain property within the corporate limits of the City, located at 961 Cibolo
Valley Drive, which is within the Buffalo Heights Commercial Subdivision at the intersection of
Borgfeld Road and Cibolo Valley Drive (said portion being hereinafter called "Property"); and
WHEREAS, the Comprehensive Sign Program includes three signs identifying the P. Terry's
establishment; and
WHEREAS, the City Council finds two public hearings were held for the purpose of providing
all interested persons the opportunity to be heard concerning the proposed Comprehensive Sign
Program; and
WHEREAS, the City Council finds legal notice, notifying the public of both public hearings on
the consideration of the requested variance, was posted on the City's official website and published
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in the Seguin Gazette, a newspaper of general circulation in the City, in accordance with state and
local law; and
WHEREAS, the City Council finds the Planning and Zoning Commission, after due consideration
of the requested Comprehensive Sign Program, including all matters specified in Section 58-14 of
the Code of Ordinances, issued its recommendation regarding the variance to the City Council in
accordance with state and local law; and
WHEREAS, the City Council finds that the Planning and Zoning Commission found 1) The
proposed signs match the vintage aesthetic established in the approved Buffalo Heights sign
program and overall development, 2) the proposed sign A is larger than the 50 percent maximum,
but the size is appropriate compared to the size of the fagade, 3) Sign C is a freestanding sign
and fits most of the applicable requirements, 4) Sign B, the freestanding sign, has already been
approved, 5) the proposed sign A is placed over the front entrance, which is typical for many
businesses in the area, and 6) The proposed signs integrate well with the design and architecture
of the building; and
WHEREAS, the City Council, having duly considered the request for a Comprehensive Sign
Program, desires to approve the Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. Incorporation of Recitals. The City Council finds the recitals in the preamble of
this Ordinance are true and correct and incorporates them as findings of fact.
SECTION 2. Description of Property. The Property to which this Ordinance applies is identified
as 961 Cibolo Valley Drive, Cibolo, Texas.
SECTION 3. Comprehensive Sign Program Approved. A Comprehensive Sign Program
consistent with the application and sign package as shown in Exhibit A is hereby approved on the
condition that all fees associated with the review and processing of the application are paid within
30 days of this conditional approval.
SECTION 4. Declaration of Compliance. The City Council finds that all required public notices
for consideration of the variance have been properly issued and all required public hearings have
been properly conducted.
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
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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 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 or responsible party that violates any provision of this chapter may be
charged with a misdemeanor and shall, upon conviction, be punished by a fine not to exceed
$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.
SECTION 12. 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 27 day of jq v Av 5 ` — 2024.
ATTEST:
Peggy Cimics, TRMC
City Secretary
Mark Allen, Mayor
AS TO FORM:
Hyyle Kelley LLP
City Attorney VhM
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