ORD 659 11/09/2004 ORDINANCE NO. (96, 1
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS,
PROVIDING PENALTIES FOR THE VIOLATION OF THE
CITY'S FRANCHISE ORDINANCES; PROVIDING FOR
INCORPORATION; PROVIDING FOR ADOPTION; 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 FOR SAVINGS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo is a Home Rule Municipality located in Guadalupe
County, Texas, created in accordance with provisions of the Texas Local Government
Code and operating pursuant to its adopted City Charter and all applicable laws and
enabling legislation of the State of Texas; and
WHEREAS, the City of Cibolo is governed by a Home Rule Charter that was approved
by the Citizens of Cibolo in a duly called election held on September 11, 2004; and
WHEREAS, Article X of the City of Cibolo Home Rule Charter authorizes the City to
grant franchises for the provision of public services or utilities; and
WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general
authority for the City of Cibolo to enforce each rule, ordinance, or police regulation of
the City of Cibolo and to punish a violation of a rule, ordinance, or police regulation; and
WHEREAS, the City Council has considered the merits of this ordinance to establish
penalties for the violation of the City's franchise ordinances and has determined that this
ordinance is necessary to protect the health, safety, morals, and welfare of the
community.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS...
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein
and made part hereof for all purposes.
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SECTION 2.
ADOPTION
That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the
City Council of the City of Cibolo, Texas.
SECTION 3.
PROVISIONS
1. PENALTIES FOR VIOLATIONS — Any person violating any of the provisions of
this Ordinance or failing to observe the any of the provisions hereof, upon
conviction shall be deemed guilty of a misdemeanor and shall be fined, except as
otherwise provided herein, in a sum not to exceed five hundred ($500.00) dollars
for each offense, and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 4.
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 Ordinances, in which event the more restrictive provision shall apply.
SECTION 5.
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 orsection 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 this Ordinance, since the same would have
been enacted by the City Council without incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence,paragraph or section.
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SECTION 6.
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any and all
violations of the provisions of any Ordinances affecting the granting of franchises or
establishing franchise agreements, which have accrued at the time of the effective date of
this Ordinance; and, as to such accrued violations 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.
SECTION 7.
EFFECTIVE DATE
That this Ordinance shall be effective immediately upon the passage and approval of the
City Council of the City of Cibolo, Texas.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of 5 for to against this 9th day of
November, 2004.
AP'ROVED:
Mayor Charles Ruppert
fi.T EST:
Yv•J e Griffin, City Secr. ary
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