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ORD 752 07/25/2006 ORDINANCE NO. 7 5 2 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 691 AMENDING THE COMPREHENSIVE WATER ORDINANCES BY AMENDING ADDENDUM/ATTACHMENT 1 ACCOUNT CLOSURE; PROVDING THAT THIS ORDIANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS FOR 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 adopted Ordinance No. 691 (Comprehensive Water Ordinance and Demand Management Plan)declaring the water rates; 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. 691 and subsequent amendments. SECTION 3 That Ordinance No. 615 shall be amended by amending Addendum/Attachment 1 Deposits to read as follows: ADDENDUM/ATTACHMENT 1: ACCOUNT CLOSURE Residential and non-residential accounts that are closed and have an account balance of five dollars ($5) or more after the application of a deposit(s) held by the City for the account and any other applicable credits will be reimbursed for the account balance. No reimbursement will be provided for residential or non-residential account balances of less than five dollars($5). 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conflict with the provisions of such Ordinance, in which event the conflicting provisions of such Ordinance are hereby repealed. 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 twice in the newspaper of record AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of S for to 0 against this 25th day of July, 2006. SIGNED: / syS ro-,Mayor ATTEST: Peggy Cimics,City Secretary