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Ordinance 2008-24 ORDINANCE NO. 2008-24 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 114 (UTILITIES), ARTICLE II (UTILITY MAIN EXTENSIONS) OF WYLIE'S CODE OF ORDINANCES OF THE CITY OF WYLIE, TEXAS; ESTABLISHING THE POLICY REGARDING THE EXTENSION OF SEWER LINES TO PROPERTY IN CITY'S ETJ; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Chapter 114 (Utilities), Article II(Utility Main Extensions) of Wylie's Code of Ordinances of the City of Wyle; and WHEREAS, the City Council has investigated and determined that it is in the best interest of the City and its citizens to establish a policy regarding the extension of sewer lines to property in the City's ETJ; and WHEREAS, the City Council has further investigated and determined that it shall be the policy of the City to not extend sewer lines or construct sewer mains to provide new sewer services to properties within the City's ETJ unless such properties are receiving water supply from the City; and WHEREAS, the City Council has further investigated and determined that it would preserve and enhance the quality of life for citizens and be advantageous to the welfare of all citizens to amend Chapter 114 (Utilities), Article II (Utility Main Extensions) of the Code of Ordinances of the City of Wylie, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 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: Amendment to Cha~ter 114 (Utilities), Article II (Utilitv Main Extensions). Amendment to Chapter 114 (Utilities), Article II(Utility Main Extensions) of the Code of Ordinances is hereby amended by adding a new Section 114-27 (Extension of Sewer Lines and Construction of Sewer Mains in ETJ) to read as follows: "Sec. 114-27 Extension of Sewer Lines and Construction of Sewer Mains in ETJ Is shall be the policy of the City to not extend sewer lines or construct sewer mains to provide new sewer services to properties within the City's ETJ. Ordinance No. 2008-24 Amending Wylie's Code of Ordinances (Article II - Utility Main Extensions) Page 1 ;iazi2.vi SECTION 3: Savings/R~ealin~i Clause. All provisions of Wylie's Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in contlict with this Ordinance are hereby repealed to the extent they are in conflict; 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 ordinances shall remain in full force and effect. SECTION 4: 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 5: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 13`h day of May, 2008. ~ - j ? y ``J~ ~IWIo~y~iy` ayor ~,~`'~~~y ~ f~```a _ '~a~ `°°••~i~,, f ~ ATTEST: y~~ - . . ly - ~ f°~ _aF~_a ~ - s ~F ` YCyr E ` T~~P~ xue ? Ca ole Ehrlich C~ty Secretary ~~~~'l~~,i~++'''`~ Date o~ublication in The W,~lie News - May 21, 2008 Ordinance No. 2008-?4 Amending Wylie's Code of Ordinances (Article II - Utility Main Extensions) Page 2 s i-~212.~•~ ~ CS~S Media, inc. , R~~je ~Fartttergbille ~imeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS r ~ C ~ ~ ti~l~ , 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. 2008-23 and 2008-24 was published in said newspaper on the following dates, to-wit: May 21, 2008. Chad Engbrock, Publisher S~ Subscribed and sworn before me on this, the ~ day of , 2008 to certify which witness my hand and seal of office. ' / ~~~RYeye;, MARY SWANK j Notary Public, State of 7exas '~f (fr 'G(~, > = ;.~~r'„~ My Commission Expires f af ~E:~°~ yeptember 22, 2ot o Notar Public in and for ~ The State of Texas ~ 9 ~ - ~a ~ My commission expires RECEdVED JUN 0 5 2008 FINANCE Murphy/Sachse/Wylie Office • ll0 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 9'72-442-4318 Fazmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farme~sville, 7'X 75442 • 972-784-6397 • fax 972-782-7023 May 21 - 22 , 2008 -'THE Wn-~ N~WS - Section B- Page 5 ORDINANCE NO. 2t108-24 AN ORDINANCE OF 'Tf~ CTTY OF WYLIE> T'EXAS, AMENDING CHAP'TER 114 (UTILITIES), ARTICLE II (U'TILITY MAIN EXTEN- SIONS) OF WY1-IE'S CODE OF ORDINANCES OF TI-IE CTTY OF WYLIE, 'TEXAS; ESTABLISHING THE POLI- Cy REGARDING THE EXTENSION OF SEWER LINES TO PROPERTY IN CTTY'S ETJ; PROVIDING FOR REPEALING> SAV- INGS AND SEVERABII-TTY CLAUSES; AND PROVID- ING FOR AN EFFECrIVE DATE OF THIS ORDI- NANCE• John Mondy> Mayor ATTEST: Carole F2u'lich, City SecretarY ~ 1=1t-339-62li