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ORD 695 09/27/2005 ORDINANCE NO. 6 9 5 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 578 BY AMENDING ADDENDUM ONE MONTHLY RECYCLING FEE FOR EACH RESIDENTIAL ADDRESS IN THE CITY OF CIBOLO; PROVDING A REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cibolo wishes to conserve precious resources including landfill space; and WHEREAS, the City of Cibolo passed and approved Ordinance No. 578 to establish a curbside recycling program after many citizens petitioned the City Council to establish said curbside recycling program; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO TEXAS.... SECTION 1 That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTON 2 ADOPTION That the Ordinance amendments incorporated in Section 3 herein are hereby adopted by the City council of the City of Cibolo, Texas, and amend Ordinance No. 578 and subsequent amendments. SECTION 3 That Ordinance No. 578 shall be amended by amending Addendum One Monthly Recycling Fee for Each Residential Address in the City of Cibolo to read as follows: ADDENDUM One: Monthly recycling fee for each residential address in the City of Cibolo. $1.61 SECTION 4 REPEALER CLAUSE That this ordinance shall repeal and replace all ordinances and provisions of the City of Cibolo,Texas,that are in direct conflict with the provisions of this Ordinance. 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 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. SECTION 6 SAVINGS That all rights and privilege of the City of Cibolo are expressly saved as to any and all violations of the provision of any Ordinances affecting the water rates, which have accrued at the time of the effective date of this Ordinances; and, as to such accrued 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. SECTION 7 EFFECTIVE DATE That this Ordinance shall be effective upon the approval of the City Council of the City of Cibolo, Texas and the publication of the fees twice in the newspaper of record AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of 5 for to 05 against this 27th day of September, 2005. SIGNED: /1 :X�!. pinny . • M,Mayor ATTEST: I ) . . Ll .L% ��.r.rr Y nne Griffm, City Secre r!