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ORD 867 08/26/2008 ORDINANCE NO. 8 6 7 AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES FOR THE CITY OF CIBOLO, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE SAVING OF CERTAIN ORDINANCES OUTSIDE OF THE CODE; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cibolo was incorporated as a Type A General Law City in 1965; and WHEREAS, the City of Cibolo adopted a home rule municipal charter on May 24, 2004; and WHEREAS, in order to provide for good government,the protection of its citizens and the orderly development of the City; since its inception the City has adopted hundreds of laws pursuant to State and Federal Constitutional and statutory authority; and WHEREAS, in order to provide for the continued growth of the City and organized management of its records of laws the City retained the services of the Municipal Code Corporation in December 2005; and WHEREAS, Article III, Section 3.15(2) of the City of Cibolo City Charter, the City Council is authorized and required to plan and budget for the codification of its ordinances;and WHEREAS, City staff has reviewed all the Ordinances and found that certain Ordinances would better serve the public by being separate and apart from a comprehensive Code of Ordinances NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS, THAT: SECTION 1. The Code entitled "Code of Ordinances, City of Cibolo, Texas," published by Municipal Code Corporation, consisting of chapters 1 through 78, each inclusive, is hereby adopted. SECTION 2. All ordinances of a general and permanent nature enacted on or before October 23, 2007, and not included in the Code or recognized herein and continued in force by reference, are repealed. SECTION 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. SECTION 4. The following Ordinances not included in the Code of Ordinances are hereby saved from repeal and shall remain effective until expressly amended or repealed by subsequent action by the City Council: Ordinance No. 622 Ordinance No. 52 Ordinance No. 542 Ordinance No. 426 Ordinance No. 784 Ordinance No. 779 Ordinance No. 717 Ordinance No. 307 Ordinance No. 507 Ordinance No. 660 Ordinance No. 508 Ordinance No. 213 Ordinance No. 724 Ordinance No. 234 Ordinance No. 522 Ordinance No. 420 Ordinance No. 786 Ordinance No. 361 Ordinance No. 659 Ordinance No. 34 Ordinance No. 379 Ordinance No. 492 Ordinance No. 710 Ordinance No. 2 Ordinance No. 751 Ordinance No. 10A Ordinance No. 249 Ordinance No. 563 Ordinance No. 473 SECTION 5 Unless another penalty is expressly provided,every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $500.00. However, violation of ordinances, rules, regulations, or orders of the city that govern fire safety,zoning or public health and sanitation, including dumping of refuse, shall be punished by a fine not to exceed $2,000.00. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above,the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. SECTION 6 Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. SECTION 7 Ordinances adopted after October 23, 2007 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. SECTION 8 This ordinance shall become effective immediately upon passage and approval. Passed and adopted by the City Council this 26th day of August, 2008. 4 nifer H rt an, ayor ATTEST: Peggy Cimics, City Secretary Certificate of Adoption I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the Cibolo City Council, held on the 26th day of August, 2008. /Pe-ci*.e../2.,.., Peggy Cimics, City Secretary