ORD 697 11/22/2005 ORDINANCE NO. 6 9 7
AN ORDINANCE OF THE CITY OF CIBOLO, GUADALUPE
COUNTY, TEXAS, AMENDING SECTION 55-96 CITY STREET
SPEED LIMITS OF ORDINANCE NO. 379-55 TO REVISE SPEED
LIMITS WITHIN THE CORPORATE LIMITS OF THE CITY;
PROVIDING FOR INCORPORATION; PROVIDING FOR
ADOPTION; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY
OF CIBOLO NOT IN CONFLICT WITH THE PROVISIONS OF
THIS ORDINANCE; PROVIDING FOR SEVERABILITY;
PROVIDING SAVINGS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Cibolo, Texas, 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, Texas, is governed by a Home Rule Charter that was
approved by the Citizens of Cibolo in a duly called election held on September 11, 1986;
and
WHEREAS, the City of Cibolo passed and approved Ordinance No. 379-55 on August
7, 2005, which established maximum speed limits for certain streets within the City of
Cibolo and which has been amended from time to time; and
WHEREAS, Subchapter 545.352 PRIMA FACIE SPEED LIMITS of Chapter 545 of the
Texas Transportation Code establishes lawful speed limits for public streets within the
State of Texas; and
WHEREAS, Subchapter 545.356 AUTHORITY OF MUNICIPALITY TO ALTER
SPEED LIMITS of the Texas Transportation Code, as amended, grants municipalities the
authority to alter prime facie speed limits; and
WHEREAS, the City Council has determined that a speed in excess of twenty-five (25)
miles per hour is unreasonable and unsafe on City streets of thirty-five (35) feet and less
in width and along which vehicular parking is not prohibited on one or both sides of the
City street; and
WHEREAS, the City Council has considered the merits of establishing speed limits
within the corporate boundaries of the City and that the City Council 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,
GUADALUPE COUNTY, TEXAS...
SECTION 1.
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INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein
and made part hereof for all purposes.
SECTION 2.
ADOPTION
That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the
City Council of the City of Cibolo, Guadalupe County, Texas.
SECTION 3.
SPEED LIMITS ESTABLISHED
That Section 55-96 City Street Speed limits shall hereby be amended to read as follows:
"Section 55-96-1 Maximum Speed Limit and Exception
The maximum prima facie speed limit for all vehicles shall be twenty-five (25)
miles per hour, except on those streets where the prima facie speed limits shall be
as posted by the City of Cibolo, which prima facie speed limits are hereby
determined and declared to be reasonable and safe. Such speed limits are hereby
fixed for vehicles traveling in the City limits of the City of Cibolo, and any speeds
in excess of such limits shall be prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful.
Section 55-96-2 Streets,Highways or Alleys under repair.
When, upon the basis of an engineering and traffic investigation, it is necessary
that the speed limit on any street, highway or alley within the City, because of the
maintenance, construction and/or repair of such street, highway or alley or its
portion, be reduced, the City Manager or his/her designated agent shall have the
authority to erect signs at the beginning, end and other portions where such street,
highway or alley is under maintenance, construction and/or repair limiting the
speed to the maximum speed determined by the City Manager or his/her
designated agent. It is unlawful for any person to operate or drive any motor
vehicle within such posted area at a speed in excess of such speed; such speed
limit hereby being deemed to be the prima facie evidence of reasonable and
prudent maximum speed at which a vehicle may travel on such portions of such
street, highway or alley under construction, maintenance or repair. The City
Manager or his/her designated agent is hereby authorized to have speed limit
signs erected, constructed and placed at such points along such highways, streets
or alleys or their portions under construction, maintenance or repair so that
travelers will be reasonably notified of such speed."
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.
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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 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.
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 speed limits, 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
fmal 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 4 for to against this 22nd day of
November,2005.
APPROVED:
►''ayor Jo Sutton
ATTEST:
Peggy Cimics, City Secretary
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