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ORD 715 03/14/2006 ORDINANCE NO. 71 5 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 590 LAND SUBDIVISION ORDINANCE, AS AMENDED, BY AMENDING APPENDIX C FEES, VARIANCES, AND PENALTIES; 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, 2004; and WHEREAS, the City of Cibolo, Texas, adopted Ordinance No. 590 (Land Subdivision Ordinance) declaring the policy and rules and regulations governing the platting and subdivision of land in the City limits and in the extraterritorial jurisdiction; and WHEREAS, the City Council has considered the merits of these amendments to the Land Subdivision Ordinance 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. 1 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, and amend Ordinance No. 590. SECTION 3. AMENDMENTS That APPENDIX C FEES, VARIANCES AND PENALTIES shall be amended to read as follows: "APPENDIX C FEES,VARIANCES AND PENALTIES Fees for the permits and procedures required by this ordinance shall be paid in accordance with the City of Cibolo Development Fee Schedule as adopted by Ordinance, as amended." 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 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. 2 Gj 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 platting or subdivisions, 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 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 for to 0 against this /47th day of ,2006. APPROVED: fr Jo s I ,'T utton ATTEST: Peggy Cimics, City Secretary 3