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ORD 1076 10/22/2013 A `IINIIpd1111I/ /I//iii---''^ T£ x AS "City of Choice" INTERNATIONAL BUILDING CODE ORDINANCE NO. 10 7 6 AN ORDINANCE OF THE CITY OF CIBOLO AMENDING THE 2012.EDITION OF THE INTERNATIONAL BUILDING CODE, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; REPEALING ALL ORDINANCES AND REGULATIONS IN CONFLICT AND THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE. WHEREAS,the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and WHEREAS,the City of Cibolo is governed by a Home Rule Charter that was approved by the Citizens of Cibolo in a duly called election held on September 11,2004; and WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general authority for the City of Cibolo to enforce each rule, ordinance, or police regulation of the City of Cibolo and to punish a violation of a rule, ordinance, or police regulation; and WHEREAS, Chapter 214.216 of the Texas Local Government Code provides the general authority for the City of Cibolo to adopt local amendments to the International Building Code; and WHEREAS,the City of Cibolo, Texas seeks to protect the health, safety, and welfare of the citizens of the City of Cibolo; and WHEREAS, the City of Cibolo, Texas seeks to regulate and govern the requirements for Fiber Cement siding of residential buildings and structures. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF CIBOLO DOES HEREBY AMEND THE CITY'S CODE OF ORDINANCES AS FOLLOWS: Section 1. Code Amendment That the Cibolo Code of Ordinances Section 14-2(a)(1)(a)is hereby amended by adding the following: 1404.10 Fiber-cement siding. Fiber-cement siding shall be integrally colored from the manufacturer and shall conform to the requirements of ASTM C 1186, Type A, and shall be so Page 1 of 2 identified on labeling listing an approved quality control agency. Section 2. Cumulative. That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the more restrictive provision shall apply. Section 3. Severability That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4. Continuation of Existing Regulations. That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 5. Effective Date. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effective immediately upon the passage and approval of the City Council of the City of Cibolo,Texas. PASSED AND APPROVED on this the day of APPROVED: Jennifer H an,Mayor ATTEST: • • • 7,7 Peggy Cimics, City Secretary APPROVED AS TO FORM City Attorney's Office Page 2 of 2