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Ordinance 2007-18 ORDINANCE NO. 2007-18 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, SETTING A DATE, TIME AND PLACE FOR THE CITY COUNCIL TO CONDUCT A PUBLIC HEARING TO CONSIDER THE THOROUGHFARE 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 ("City Council") has previously appointed the City's Planning and Zoning Commission plus an ad hoc member to serve as the Capital Improvements Advisory Committee in accordance with Chapter 395 of the Local Government Code; and WHEREAS, the City Council has previously adopted Land Use Assumptions by Ordinance No. 2006-10; and WHEREAS, the City Council desires to conduct a public hearing in regards to the . Thoroughfare Capital Improvements Plan in accordance with Chapter 395 of the Local Government Code regarding the adoption of impact fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: Findin~s Incor~orated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION: 2: Call for Public Hearin~. On the 14t'' day of August, 2007, at 6:00 pm in the City Council Chamber of Wylie City, 2000 North Highway 78, City of Wylie, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the Thoroughfare Capital Improvements Plan needed for the adoption of thoroughfare impact fees by the City of Wylie, Texas. Notwithstanding the foregoing, the above stated date for 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. 2007-18 Public Hearing for Thoroughfare CIP Page 1 SECTION 3: Notice of Hearin~. 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 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 x~,_ 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 June 26, 2007. / `M`.~ ,~',~,~,$,~~BOTH ayor Pro Tem ~ F~. W Y~'''.. ATTESTED TO AND .~•~'~y~,.•~~. ~ . : C.3.' = CORRECTLY RECORDED BY: - . ~ _ : = ~ f _ _ ; ; , , ; . Caro e Ehrlich, City Secretary h'Y~ ? E;'~~'~.P . ~~'~~~~n ~ ~ ~ ~ t Ordinance No. 200~-18 Public Hearing for Thoroughfare 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 ~ Required Action Time Required Date Appoint capital improvements On or before the date an ordinance is Complete advisory committee. LGC adopted establishing the public hearing date 395.058 for the LUP and CIP. Adopt ordinance establishing On or after the date the capital 6/26/07 public hearing date for LUP and improvements advisory committee is CIP. LGC 395.042 a ointed. Make available to the public the On or before date the Notice of Public 6/26/07 land use assumptions, time period Hearing on LUP and CIP is published. of the projections and a description of the capital improvement facilities that may be im osed. LCG 395.043 Publish Notice of Public Hearing 30 days before the date of the hearing. Must 7/04/07 on LUP and CIP. LGC 395.044 be 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 s ecific re uirements. Conduct Public Hearing on LUP On the date specified in the notice, which 8/14/07 ~d CIP. must be at least 30 days after the notice is provided. Approve or disapprove the LUP With 30 days of the date of the Public 8/14/07 and C1P. LGC 395.045 Hearing. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearin Adopt resolution calling public On adoption of the LUP and CIP 8/14/07 hearing on imposition of impact fee. LGC 395.047 Publish Notice of Public Hearing 30 days before the date of the hearing. Must 8/22/07 on the imposition of an impact fee. be in a newspaper in each county in which LCG 395.049 the city lies and mail by certified mail to any who have requested it. See statute for s ecific re uirements. Advisory Committee must file Before the 5` business day before the date By 9/19/07 written comments on the proposed of the Public Hearing on Impact Fees. im act fees. LGC 395.050 Conduct Public Hearing on After approval of LUP and CIP and on the 9/25/07 imposition of impact fees. LGC date specified in the notice, which must be 395.047 at least 30 da s after the notice is rovided. Adopt ordinance imposing impact Within 30 days of the date of the public 9/25/07 fees. LGC 395.051 hearing on the imposition of impact fees. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearing). 438708-1 ~ ;~C8~S Media, Inc. ~I~e ~'armergbiCle ~ime~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS STATE OF TEXAS ~ COUNTY OF COLLIN ~ ~ ~ Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached City of Wylie Ordinance No. 2007-18 was published in said newspaper on the following dates, to-wit: July 4, 2007. Chad Engbrock, Publisher ~ Subscribed and sworn before me on this, the ~ day of ~ , 2007 to certify which witness my hand and seal of office. i ~~1~RY?UB~~ MARY SWANK otary Public in and for =s°' Notary Public, State of Texas = N., My Commission Expires The State of Texas '-%;EO~~;;~''~ September 22, 2010 Q_a-~ ~-d-O/~ My commission expires RECEIVED ~ AUG 12007 FINANCE ~ Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-6397 • fax 972-782-7023 July 4- 5, 2007 - C&S MEDIA PUBLICATIONS - Section C- Page S ORDINANCE NO. 2007-18 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, SETTING A DATE, TIME AND PLACE FOR THE CITY COUNCIL TO CONDUCT A PUBLIC HEARING TO CON- SIDER THE THOR- OUGHFARE CAPITAL IMPRUVEMENTS PLAN; PROVIDING FOR REPEALING; SAVINGS AND SEV- ERABILITY CLAUS- ES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. John Mondy, Mayor ATTEST: ' Carale > . City Secretary~~~ ' 7-1t-339-201i 1