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ORD 1017 06/26/2012 OF Ci - J* rho 1 T e x P 5.. "OW of Choke" ORDINANCE NO. 1017 AN ORDINANCE OF THE CITY OF CIBOLO REPEALING ORDINANCE NUMBER 653; AMENDING ORDINANCE NUMBER 977 TO PROVIDE FOR A DEPOSIT AND FEE SCHEDULE FOR RECREATIONAL USE FACILITIES; PROVIDING FOR GRAFFITI CLEAN UP FEES; PROVIDING FOR AMUSEMENT REDEMPTION MACHINE GAME ROOM LICENSING FEES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING A SAVING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cibolo has determined that it is in the best interest of the City of Cibolo to consolidate all fees within one ordinance; and WHEREAS, the City Council of the City of Cibolo has determined that it is in the best interest of the health, safety, and welfare of its citizens to amend Ordinance 977, Appendix A Permit Fee Schedule to provide for deposit and use fees. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: That Ordinance Number 653 is hereby repealed. II. RECREATIONAL USE FACILITY FEES That Ordinance 977 Schedule "A" "Permit Fee Schedule" is amended to provide for the following Recreational Use Facility deposits and fees: BALL PARK: Minimum two (2) hours rental on ball field Residents: Daytime rental/no lights $15.00 per hour Night rental/with lights$25.00 per hour Nonresidents Daytime rental/no lights $17.00 per hour Night rental/with lights$30.00 per hour VOLLEYBALL COURT: Residents Daytime rental/no lights $15.00 flat fee Night Rental/with lights $25.00 flat fee Nonresidents Daytime rental/no lights $17.00 flat fee Night Rental/with lights $30.00 flat fee FOOTBALL/SOCCER FIELD: Minimum two (2) hour rental on Football/Soccer Resident $15.00 per hour or$50.00 all day Nonresident $17.00 per hour or$60.00 all day PICNIC AREA Deposit $55.00 Resident $30.00 per day Nonresident $35.00 per day Lights & Outlets price same resident& nonresident: Lights $5.00 per hour Outlets $2.00 per hour MEETING ROOM: Deposit $100.00 deposit- $10.00 key deposit Resident $60.00 + $10.00 per hr Nonresident $66.00 + $10.00 per hr KITCHEN & MEETING ROOM Deposit $150.00 deposit- $10.00 key deposit Resident $80.00 + $15.00 per hr Nonresident $85.00 + $15.00 per hr PAVILION Deposit $30.00 Lights & Outlets $20.00 (same for resident& nonresident) Resident $40.00 all day Nonresident $44.00 all day CONCESSION Deposit $50.00 Resident $15.00 per hr. ($50 MAX) Nonresident $20.00 per hr. ($60 MAX) III. GRAFFITI CLEAN UP FEES That Ordinance 977 Schedule "A" "Permit Fee Schedule" is amended to provide for the following Graffiti Clean-Up fee: Graffiti Clean-Up Actual Cost plus Administrative Fee in the amount of$150.00 IV. AMUSEMENT REDEMPTION MACHINE GAME ROOM LICENSING FEES That Ordinance 977 Schedule "A" "Permit Fee Schedule" is amended to provide for the following fees related to Amusement Redemption Machine Game Rooms: Amusement Redemption Machine Game Room Annual License Fee $300.00 per machine 2 V. CUMULATIVE CLAUSE 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 Ordinance, in which event the conflicting provisions of such Ordinance are hereby repealed. VI. SEVERABILITY That it is hereby declared to be the intention of the City Council of the City of Cibolo 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 should 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 or sections of the Ordinances, since the same would have been enacted by the City Council without incorporation in this ordinance of any such unconstitutional phrases, clause, sentence, paragraph or section. VII. SAVINGS That all rights and privileges of the City of Cibolo are expressly saved as to any and all violations of the provision of any Ordinances effected by this Ordinance; and any such accrual of said ordinances at the time of the effective date of this Ordinance; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. VIII. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government IX. EFFECTIVE DATE This ordinance shall be effective upon passage and publication as required by State and Local law. PASSED AND APPROVED THIS a 6 DAY OF , 2012. 7/n D_ `/Q/t n/Yl J nifer H .man Mayor City of Cibolo, Texas ATTEST: Peggy Cimics City Secretary City of Cibolo, Texas 3