ORD 931 07/13/2010 - Ili„iuiq!Juinub 1.0
rs
sa� 0
4 • , ,*
-+iiinuimmrn -'
£..x 5
"City of Choice".
ORDINANCE NUMBER All
AMENDING THE CITY OF CIBOLO. CODE OF ORDINANCES CHAPTER 66;
PROVIDING FOR A PRO RATA REIMBURSEMENT FOR THE
CONSTRUCTION OF SIDEWALKS; PROVIDING A METHOD OF ENFORCING
PAYMENT OF THE PRO RATA CHARGES; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES INCONSISTANT AND CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY.
WHEREAS, the City of Cibolo is currently experiencing uncommon
residential growth and development; and
WHEREAS, the City of Cibolo Code of Ordinances provides that
developers are required to construct sidewalks in conjunction with development
of their property; and
WHEREAS, the Texas Local Government Code Section 395.001
specifically allows for the adoption of an ordinance requiring developers construct
sidewalks; and
WHEREAS, the development of certain properties along major
thoroughfares and between certain developments and schools have not yet
occurred; and
WHEREAS, the City of Cibolo recognizes the need to provide a safe place
for its citizens to bike and walk and for children to walk to school; and
WHEREAS, the City Council of the City of Cibolo, Texas, therefore, is
empowered by law, to promulgate and establish pro rata charges for construction
of sidewalks and to establish a pro rata reimbursement ordinance for such
charges; and
WHEREAS, the City of Cibolo intends to construct sidewalks within the
City's jurisdictional limits based on the health, safety and welfare of its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CIBOLO, TEXAS:
I.
The City of Cibolo Code of Ordinances shall be amended by adding the following
regulations:
Sec. Sidewalk Construction.
The City is hereby authorized to construct sidewalks abutting public streets
where it is determined that it is in the best interests of the health, safety and
welfare of its citizens.
1. All sidewalks shall be constructed under this section shall be
constructed according to then existing sidewalk construction
requirements.
Sec. Sidewalk Construction Reimbursement
1. The cost of construction of any sidewalk abutting an undeveloped
property shall be reimbursed by the developer of the property.
2. The City shall keep an accurate account of the expense of any
sidewalk construction and shall, as soon as practicable after the
completion thereof, make a return to the City Planning Department
showing the location of each sidewalk and/or curbing, its length and
width, material of which constructed, cost of construction, and the
names of the abutting property with the amounts properly chargeable
against each.
3. The amount of the reimbursement shall be the actual cost of the
construction of the abutting sidewalk.
4. The reimbursement shall be due at the time of platting, or if the
property has already been platted prior to the issuance of any building
permit.
II.
This Ordinance shall be and is hereby cumulative of all other ordinances of the
City of Cibolo, Texas, and this Ordinance shall not operate to repeal or affect any
such other ordinances except insofar as the provisions thereof might be
inconsistent or in conflict with the provisions of this Ordinance, in which event,
such conflicting provisions, if any, in such other ordinance or ordinances are
hereby repealed.
III.
If any section, subsection, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance.
IV.
This Ordinance shall become effective and shall be in full force and effect after
passage and adoption by the City Council of the City of Cibolo, Texas, and
publication hereof as prescribed by law and the City Charter.
PASSED AND ADOPTED by the City Council of the City of Cibolo, Texas,
this 1'5 day of 31uly , 20W0
APPROVED:
./-6/44,t_ (e2 �-f�t-/'a
Je inifer p'rtman,
Mayor
City of Cibolo, Texas
ATTEST:
Peggy Cimics
City Secretary
City of Cibolo, Texas
APPROVED AS TO FORM:
( ice . he City Attorney