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ORD 862 08/12/2008 ORDINANCE NO. 862 AN ORDINANCE OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS, PROHIBITING PARKING ALONG A SECTION OF BORGFELD ROAD; PROVIDING FOR INCORPORATION; ESTABLISHING A NO PARKING ZONE; PROVIDING FOR ERECTION OF SIGNS; PROVIDING FOR PROHIBITION OF PARKING; PROVIDING FOR SEVERABILITY; PROVIDING FOR A CUMULATIVE CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Section 544.003 of the Texas Transportation Code provides that a local government may designate, place and maintain a traffic control device on a highway under the authority's jurisdiction in conformance with the Texas Transportation Commission's Manual on Uniform Traffic Control Devices; and WHEREAS the City Council of the City of Cibolo, Guadalupe County, Texas, passed and approved Ordinance No. 379 on August 7, 1986, which authorizes the City Council to prohibit parking on City roadways; and WHEREAS the City Council of the City of Cibolo, Guadalupe County, Texas, has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Cibolo, Guadalupe County, Texas, to establish a "no parking" zone along a section of Borgfeld Road and to erect no parking signs at the location specified herein. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: Section 1. Findings Incorporated The findings set forth above are incorporated into the body of this Ordinance as fully set forth herein. Section 2. No Parking Zone Established A no parking zone shall be established and no parking signs shall be erected along such location: Borgfeld Road — on the north and south sides of Borgfeld Road from its intersection with Main Street to its intersection with Dobie Creek Boulevard. Section 3. Signs Erected The City Manager or his/her designated representative is hereby authorized and directed to place or cause to be placed appropriate traffic control devices to effectuate the establishment of the no parking zone as herein provided. Section 4. Parking Prohibited It shall be unlawful for any person operating or in control of any motor vehicle or bicycle to park such motor vehicle or bicycle at or between any no parking sign placed at the location designated in Section 2 hereof. Section 5. Severability It is hereby declared to be the intention of the City Council 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 shall 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 and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 6. Cumulative Clause This Ordinance shall be cumulative of all provisions of ordinances of the City of Cibolo, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 7. Penalty Any person who shall intentionally, knowingly, recklessly or with criminal negligence violate any provision contained in this Ordinance, or who shall commit or perform any act declared herein to be unlawful, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount of not less than twenty-five dollars ($25.00) and not more than two hundred dollars ($200.00). Section 8. Effective Date This Ordinance shall become effective upon passage by the City Council and after having been published twice in its entirety or in summary form or by publishing the caption of this ordinance twice in the City of Cibolo's Official Newspaper. AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of 7 for to against this 12th day of August, 2008. APPROVED: Cr / p� f' 1 ayor J nife' artman ATTEST: 21,,,e..„..... /,...e-..7,71 Peggy Peggy Cimics, City Secretary 2