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ORD 760 08/22/2006 ORDINANCE NO. 7 6 0 AN ORDINANCE OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS, ESTABLISHING A THREE-WAY STOP AT THE INTERSECTION OF DIETZ ROAD AND BORGFELD ROAD WITHIN THE CORPORATE _LIMITS OFF THE CITY; PROVIDING FOR INCORPORATION; PROVIDING FOR ADOPTION; PROVIDING THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY OF CIBOLO AND NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHERAS,the City if 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, Title 7, Vehicles and Traffic, Chapter 544, Traffic Signs, Signals and Markings of the Texas Transportation Code establishes directional signage for public streets and grants municipalities the authority to post such signs;and WHEREAS,upon investigation,the Streets and Drainage Committee fmds that it is necessary to establish a three way stop by erecting two additional stop signs at the Borgfeld Road and Dietz Road intersection for transportation management purposes and in order to protect the health, safety,and welfare of the public. WHEREAS, the City Council of the City of Cibolo, Texas fmds that two additional stop signs are warranted in conjunction with the one existing stop sign at the intersection of Dietz Road and Borgfeld Road to protect the health,safety and welfare of the community and that such stop signs shall be erected. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,GUADALUPE COUNTY,TEXAS: SECTION 1. INCORPORATION That the above and foregoing premise are true and correct and are incorporated herein and made a 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. STOP SIGN ESTABLISHED Two(2)additional stop signs shall be erected at the intersection of Borgfeld Road and Dietz Road in order to create a three-way stop at this intersection. Installation of two (2) stop signs shall occur along Borgfeld Road at the opposing junctions of the Dietz Road intersection for the purposes of transportation management and for the health,safety,and welfare of the community. 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 declares 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 sections 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 affected stop signs, 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 ADOPTED by a vote of 19 FOR and 0 AGAINST, this 22nd Day of August,2006. APPROVE . or Jo ti's ATTEST: Peggy Cimics,City Secretary C:\Documents and Settings\Nancy McBeth.D43Q36B1\My Documents\REPORTSVBorgfeld Dietz Stop Sign Ord 08-22-06.doc