Ord 1339 07/13/2021 Electric Code p F
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"City of Choice"
ORDINANCE NO: �
AN ORDINANCE GRANTING A VARIANCE TO AW TEXAS, INC. TO THE CITY OF
CIBOLO'S ADOPTED NATIONAL ELECTRIC CODE; INCORPORATING RECITALS;
REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City of Cibolo ("City") has adopted the 2017 Edition of the National Electric Code, as
published by the National Fire Protection Association; and
WHEREAS, AW Texas, Inc. a manufacturer and assembler of automatic and hybrid transmissions uses
.methods that conflict with the City's adopted National Electric Code standards, specifically Article 670
Industrial Machinery; and
WHEREAS, AW Texas, Inc..has.submitted their methods of operation to the City's engineers and has
requested a variance to the City's codes; and
WHEREAS, Section 90.4 of the City's National Electric Code permits the City to waive specific
requirements in the-Code or to permit alternative methods where it is assured that equivalent objectives can
be achieved by established and maintaining effective safety; and
WHEREAS, the City's engineers have reviewed the proposed methods AW Texas, Inc. intends to
incorporate, and finds that they are sufficient to achieve the National Electric Code's objectives; and
WHEREAS,,the City finds that.it is in the best interest of the City to grant AW Texas, Inc. a variance to
the code, so that they may efficiently conduct their business without any potential violations of the City's
codes.
NOW,THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION 1.-GRANT OF VARIANCE. Pursuant to section 90.4 of the City's adopted National Electric
Code, and as the authority having jurisdiction, the City hereby grants AW Texas, Inc. a variance to the
specific requirements set out in the City's Code, specifically Article 670 Industrial Machinery.AW Texas,
Inc.shall hereby maintain their proposed methods that this variance grants,and under no circumstance shall
AW Texas,Inc. modify these methods,unless approved by the City's engineers.
SECTION 2.DURATION OF VARIANCE. The City hereby grants AW Texas,Inc.this variance to the
City's National Electric Code requirements for the duration of their operations,including future expansions
and projects, so long as the approved proposed methods of operations remain the same. In the event that
AW Texas,Inc. does modify their proposed methods of operation,the variance shall remain in effect if the
modified methods of operation are approved by the City's engineers.
SECTION 3.INCORPORATION OF RECITALS. The City Council finds the recitals in the preamble
of this Ordinance are true and correct and incorporates them as findings of fact.
SECTION 4. REPEALED. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
SECTION 5. 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, clause, or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared void; and that in lieu of each clause
or provision of this Ordinance that is invalid, illegal, or unenforceable there be added by the Mayor as
necessary with.the approval of the City Attorney as to form, and as a part of the Ordinance a clause or
provision as similar in terms to such invalid,illegal or unenforceable clause or provision as may be possible,
legal,valid and enforceable.
SECTION 6. EFFECTIVE DATE. This ordinance shall become effective upon the adoption of this
ordinance.
PASSED,APPROVED,AND ADOPTED THIS DAY OF 2021.
osh Boy
Mayor
ATTEST
lI �
Peggy Cimics,TRMC
City Secretary