ORD 1180 09/13/2016 -� OFcj'o
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ORDINANCE_j_L80
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING
ORDINANCE 956 BY AMENDING THE DRAINAGE UTILITY RATE
LEVIED AND IMPOSED FOR THE MUNICIPAL DRAINAGE UTILITY;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL
OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE
PROVISIONS OF THIS ORDINANCE; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 28, 2010, the City Council of the City of Cibolo, Texas passed
Ordinance 951, establishing a Utility Drainage pursuant to, and providing for a rate to be levied on
each improved property within the City of Cibolo in order to fund same; and
WHEREAS, on November 9, 2010, the City passed Ordinance 956, establishing a Utility Drainage
rate to be levied on each improved property within the City of Cibolo in order to fund same; and
WHEREAS, pursuant to Local Government Code, Chapter, 552, Subchapter C, known as the
Municipal Drainage Utility Systems Act, the City Council of the City of Cibolo, Texas has
established a Drainage Utility rate for all improved real property in the service area subject to
charges under this Ordinance; and
WHEREAS, pursuant to Local Government Code, Chapter, 552, Subchapter C, the governing
body may change, adjust and readjust the rates and charges for drainage service from time to time;
and
WHEREAS, the City finds it necessary to amend the current drainage utility rate in support of the
Municipal Drainage Utility System; and
WHEREAS, the City Council hereby finds that the amended drainage utility rate provided herein
is reasonable and equitable;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS, THAT:
SECTION 1
Ordinance 956 Section II.C.6. of the City of Cibolo, Texas, is hereby amended as follows:
6. ERUMonthly Billing Rate. The following ER monthly billing rate is hereby established
and shall be used to calculate the total monthly Drainage Utility fee for all property
located in the City, in accordance with the applicable formula established in this
subsection:
ER U rate = $S.00 per ER U per month
SECTION 2
CUMULATIVE CLAUSE
That this Ordinance shall be cumulative of all other ordinances of the City of Cibolo, Texas,
except where the provisions of this Ordinance are in direct conflict with the provisions of such
other ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 3
PUBLICATION
This Ordinance shall be published in a newspaper of general circulation in the City of Cibolo prior
to its consideration and adoption by the Cibolo City Council, in compliance with the provisions of
the City Charter and State Law.
SECTION 4
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo that the
phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance should be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
sections of the Ordinances, since the same would have been enacted by the City Council without
incorporation in this ordinance of any such unconstitutional phrases, clause, sentence, paragraph or
section.
SECTION 5
SAVINGS
That all rights and privilege of the City of Cibolo are expressly saved as to any and all violations of
the provision of any Ordinances affecting the utility rates, which have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violation and all pending litigation, both
civil and criminal, whether pending in court or not, under such Ordinances, same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6
EFFECTIVE DATE
This Ordinance shall be effective for the first billing cycle following October 1St, 2016, upon the
approval of the City Council of the City of Cibolo, Texas and after being twice published in the
City's paper of record. �7
PASSED AND APPROVED by a vote of 1 for, and 0 against this 13th day of September,
2016.
APPROVED:
Allen Dunn
Mayor
ATTEST:
Peggy Cimics
City Secretary