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ORD 1248 10/09/2018 y 0 C1 •0f• r � T f X P s 'City of Choice" ORDINANCE NO. 1248 AN ORDINANCE OF THE CITY OF CIBOLO AMENDING CHAPTER 74 ARTICLE V, SECTION 74-187 OF THE CIBOLO CODE OF ORDINANCES BY ADDING FM 1103 FROM FM78 TO CIBOLO/SCHERTZ CITY LIMIT LINE(OLD WIEDERSTEIN ROAD) TO THE LIST OF PUBLIC STREETS THAT ARE UNLAWFUL FOR A PERSON TO STOP, STAND, OR PARK A VEHICLE AT ANY TIME; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; PROVIDING FOR REPEALING; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE;AND AUTHORIZING CITY STAFF TO PREPARE THIS ORDINANCE FOR SUBMISSION AS A SUPPLEMENT TO THE CODE OF ORDINANCES WHEREAS,the City of Cibolo seeks to protect the public safety,preserve the quality of life and prevent nuisances in the city; and WHEREAS,the City of Cibolo has exclusive control and power over the streets,alleys,and public grounds and highways of the City pursuant to Transportation Code §311.001, as it may be amended; and WHEREAS,there is insufficient clearance on FM 1103 between intersecting streets and driveways to park a vehicle without impending use of adjacent driveways; NOW, THEREFORE, BE IT ORDAINED by the city council of the city of Cibolo, Texas, that section 74-187 of the Code of Ordinances be amended: SECTION 1: Findings. The recitals are hereby found to be true and correct and are hereby incorporated as part of this Ordinance. SECTION 2: Amendments to Chapter 7 4. Chapter 74 ("Traffic and Vehicles") shall be amended as set forth herein and incorporated by reference, which is entitled "Operation of Vehicles" and which shall have the full force of law and shall be amended by amending Section 74-187 (b) (1) as follows: Section 74-187 (b) (1) of the City of Cibolo is amended by the addition of the following street to the list: f. On either side of FM 1103 in either direction from FM 78 to Cibolo/Schertz City Limit Line (Old Wiederstein Road.) SECTION 3. Penalty. It shall be unlawful to do or perform any act prohibited in this Ordinance, and it shall be unlawful to fail to do or perform any act required in this Ordinance. Any person violating any of the provisions of this article shall be deemed guilty of a class "C" misdemeanor, which shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each offense. SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, subsections, clauses, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared void. SECTION 5. Conflicting Ordinances or Resolutions. All resolutions or ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted and amended herein, are hereby REPEALED to the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other resolution, code or ordinance of the City, or parts thereof,the terms and provisions of this ordinance shall govern. SECTION 6. Effective Date. The City shall publish this Ordinance in the local newspaper as required by Section 3.13 (3) of the City Charter. PASSED,APPROVED, THIS ' DAY OF OCTOBER,2018 toshBo ; •/ Mayor • • ATTEST: Peggy Cimics, TRMC City Secretary APPOVED AS TO FORM DTRG, City Attorney