ORD 1013 04/24/2012 0 , c,441
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"City of Choice"
ORDINANCE NO. 1013
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, ESTABLISHING AMENDING
ORDINANCE NO. 956 AMENDING THE DRAINAGE UTILITY RATE LEVIED AND
IMPOSED FOR THE MUNICIPAL DRAINAGE UTILITY; PROVIDING FOR
PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND AMENDING ACCORDINGLY
THE CIBOLO, TEXAS, CODE OF ORDINANCES TO ADD THESE PROVISIONS.
WHEREAS, on September 28, 2010, the City Council of the City of Cibolo, Texas (herein
referred to as "City"), passed Ordinance No. 951, establishing a Utility Drainage, 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 No. 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,the City finds it necessary to amend the Drainage Utility rate; and
WHEREAS, pursuant to the Local Government Code, Chapter, 552, Subchapter C, known as the
Municipal Drainage Utility Systems Act (the "Act"), the City Council of the City of Cibolo,
Texas (the"City"), has established a Drainage Utility rate (charge) for all improved real property
in the service area subject to charges under this Ordinance; and
WHEREAS, the City Council hereby finds that the amended Drainage Utility rate provided
herein is reasonable and necessary for the support of the Municipal Drainage Utility System; and
WHEREAS, on November 9, 2010 the City Council held a public hearing on the amendment of
the Drainage Utility Rate.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS,THAT:
I.
The Ordinance No. 956 Section II.C.4.of the City of Cibolo, Texas, is hereby amended as
follows:
4. Commercial Rates. Based on impervious area determination for each property parcel:
Total ERU's=(Impervious Area/2,889 sq. ft.),minimum 1 ERU
Total ERU's to be capped at 25 ERU's
SECTION II.
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 III.
SEVERABILTY
Should any article, section, part, paragraph, sentence, phrase, clause, or word of this Ordinance
or any appendix hereof, for any reason, be held illegal, or invalid, or any exception to or
limitation upon any general provision contained in this Ordinance or its attachments or held to be
unconstitutional or invalid, the remainder shall, nevertheless stand as effective and as valid as if
it had been enacted and ordained without the portion held to be unconstitutional or invalid.
SECTION IV.
EFFECTIVE DATE
This Ordinance shall become effective upon its passage and publication as required by law and
the Drainage Utility Rate shall be assessed to the users of all lots and tracts in the City limits of
Cibolo,Texas, effective beginning with utility bills issued for the
PASSED AND APPROVED this Z Y day of f74 / , 2012
'artt6ittnt
ennifg
Mayor
ATTEST:
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Peggy Cimics
City Secretary
N
APPROVED AS TO LEGAL SUFFICIENCY
City Attorney's Office