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ORD 809 07/24/2007 ORDINANCE NO. 8 0 g AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS AMENDING ORDINANCE NO 583 SIGN ORDINANCE, SECTION V, (GENERAL AND ADMINISTRATIVE PROVISIONS), PARAGRAPH 1(C), PARAGRAPH 2, PARAGRAPH 4 AND SECTION XII. PENALTIES FOR VIOLATIONS; PROVIDING FOR A SEVERABILTY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cibolo seeks to provide for the orderly development of land and use of property within its corporate limits and ETJ; WHEREAS, the City Council seeks to maintain the value of the City of Cibolo's scenic and natural resources, which are the keystones of the City's economic strength and quality of life, through a comprehensive regulatory program that includes ordinances restricting signs; WHEREAS, the City Council is authorized to regulate signs by virtue of the Texas Constitution, the City of Cibolo's police power, and Texas Local Government Code Chapter 216; WHEREAS, the City Council previously passed Ordinance Number 583 providing for the regulation of signs including the provision of fees; WHEREAS, the City Council hereby finds and determines that the currently existing permit fe.;s for signs and banners she be amended for the sole purpose of defraying the costs of providing such services; WHEREAS, the City Council hereby fmds and determines that the permit fees for signs and banners as amended herein are fair and reasonable and implemented for the sole purpose of defraying the costs for providing such services; and WHEREAS, the City Council has considered the merits of this Ordinance and has determined that this Ordinance is necessary to protect the health, safety and welfare of the community. THEREFORE,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. SECTION 2 AMENDMENTS That the Section V, Section XII and Section XIV of Ordinance 583 (Sign Ordinance) shall be amended to read as follows: SECTION V. GENERAL AND ADMINISTRATIVE PROVISIONS. 1.C. Issuance of Permits: The Code Enforcement Department/Building Inspections Department shall,within thirty(30)working days of the date of permit application, either approve or deny the permit application or refer the permit application back to the applicant in instances where insufficient information has been furnished. 2. Fees: The permit fee for signs,banners and flagpoles shall be based on the following schedule: Illuminated Signs $200.00 plus $1 per square foot Non-Illuminated Signs $150.00 plus $1 per square foot Banner or Temporary Signs $75.00/each Flagpoles $50.00/each Billboards Initial Permit $1,000.00/each Message Changes $150.00/each per side of billboard 4. Re-inspection: In the event a re-inspection,the person, firm, corporation, contractor, company, or business that secured the original sign permit shall pay a re- inspection fee for each additional inspection of seventy-five dollars ($75.00). SECTION XII. PENALTIES FOR VIOLATIONS. Penalties for Violations: Any business,person,homeowner, contractor, company, or firm violating any of the provisions of this Ordinance or failing to observe any of the provision hereof, upon conviction shall be deemed guilty of a misdemeanor, and shall be fined not more than five hundred dollars ($500.00),per violation,per day, and each violation shall be a separate offence, and each day the violation exists shall constitute a separate offence. SECTION 3 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 4 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 Ordinance affecting the adoption and amendment of this Ordinance, 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 5 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 7 for to (O against this the 24th day of July, 2007. 'I , M \ c./ 04.A.7) es ler an Mayor, City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo G