Ordinance 2012-10 ORDINANCE NO. 2012-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, SETTING A DATE, ORDERING A PUBLIC HEARING FOR
APRIL 24, 2012 TO DISCUSS AND REVIEW UPDATES TO THE LAND
USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("Citv Council") has
previously appointed the City's Planning and Zoning Commission, plus one (1) ad hoc member,
to serve as the Capital Improvements Advisory Committee in accordance with Chapter 395 of
the Local Government Code, as amended; and
WHEREAS, the City Council desires to conduct a public hearing to discuss and review
updates to the Land Use Assumptions Plan and the Capital Improvements Plan in accordance
wi:th Chapter 395 of the Local Government Code, as amended, regarding the adoption of impact
fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CTTY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION: 2: Public Hearing. On the 24th day of April, 2012, at 6:00 pm in the City of
Wylie, Texas ("Wylie") City Council Chambers located at 300 Country Club, Wylie, Texas
75098, the City Council will hold a public hearing giving all interested persons the right to
appear and be heard regarding the discussion and review of Wylie's Land Use Assumptions Plan
and Capital Improvements Plan in accordance with Chapter 395, Local Government Code, as
amended.
Notwithstanding the foregoing, the above stated date far public hearing may be changed
to any other date that is in accordance with law and for which notice is provided in accordance
with law, if it is determined by the City Manager, or his designee, that good reason exists for changing said date.
Ordinance No.2012-10
Ordering a Public Hearing for LUP and CIP Page 1
SECTION 3: The City Manager, or his designee, is hereby authorized and directed to "�"'
cause notice of such hearing to be published in a newspaper in each county in which the City lies
and send it by certified mail to anyone who has requested to receive it at least thirty (30) days
before the date of such hearing, in accordance with Chapter 395 of the Texas Local Government
Code, as amended, and to be provided as otherwise required by law.
SECTION 4: Savin�s/Repealin� Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect.
SECTION 5: Severabilitv. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie 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 and phrases be declared unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its
adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS on the 13t"day of March 2012
� �
Eric Hogue, May r
ATTESTED TO AND
CORRECTLY RECORDED BY: �� QF ���
G� <<��` r
,�v!' ,�'
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Carole Ehrlich, ty Secretary
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Ordinance No.2012-10
Ordering a Public Hearing for LUP and CIP Page 2
TIMELINE FOR ADOPTION OF LAND USE PLAN ("LUP"),
��. CAPITAL IMPROVEMENTS PLAN ("CIP") AND IMPACT FEES
UNDER LOCAL GOVERNMENT CODE ("LGC")FOR THE CITY OF WYLIE
Re uired Action Time Re uired Date
Appoint capital improvements On or before the date an ordinance is adopted Complete
advisory committee. LGC establishing the public hearing date for the LUP —5/11/04
395.058 and CIP.
Meet with IFAC Ten working days after completion of initial 2/21/12 &
Im act Fee U date Re ort 3/6/12
Ad�pt ordinance ordering a date On or after the date the capital improvements 3/13/12
for public hearing to discuss and advisory committee is appointed.
review the updates to the LUP and
CIP. LGC 395.042; 395.053
Ma.ke available to the public the On or before date the Notice of Public Hearing on 3/13/12
land use assumptions,time period LUP and CIP is published.
of 1;he projections and a description
of i:he capital improvement
facilities that may be imposed.
LCG 395.043
Publish Notice of Public Hearing 30 days before the date of the hearing. Must be 3/21/12
on LUP and CIP. LGC 395.044 in a newspaper in each county in which the city
lies and mail by certified mail to any who have
requested it. See statute for specific
��� re uirements.
IFAC files written comments on Before the St business day before the date of the 4/17/12
the-proposed amendments to the public hearing.
larud use assumptions and capital
im rovements lan. LGC 395.056
Co�nduct Public Hearing on LUP On the date specified in the Notice, which must 4/24/12
an�� CIP.LGC 395.053 be at least 30 days after the Notice is provided.
Approve or disapprove the LUP Within 30 days of the date of the Public Hearing. 4/24/12
and CIP. LGC 395.045; 395.057 (Can adopt at the same meeting that Public
Hearing is conducted, if adopt after the Public
Hearin .
Adopt ordinance ordering a public After adoption of the LUP and CIP. 4/24/12
hearing to discuss the proposed
or��inance amending impact fees.
LGC 395.047; 395.054
Pu�blish Notice of Public Hearing At least 30 days before the date of the hearing. 5/2/12
to discuss the proposed ordinance Must be in a newspaper in each county in which
amending impact fees. LGC the city lies and mail by certified mail to any who
39�5.055 have requested it. See statute for specific
re uirements.
A��visory Committee must file Before the St business day before the date of the By 6/5/12
� w�ritten comments on the proposed Public Hearing on Impact Fees.
im act fees. LGC 395.056
C��nduct Public Hearing to discuss After approval of LUP and CIP and on the date 6/12/12
the proposed ordinance amending specified in the Notice, which must be at least 30
irri act fees. LGC 395.454 da s after the Notice is rovided.
Adopt ordinance amending impact Within 30 days of the date of the public hearing 6/12/12
fees. LGC 395.057 on the imposition of impact fees. (Can adopt at
the same meeting that Public Hearing is �
conducted, if adopt after the Public Hearing).
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