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Ordinance 2005-26 ORDINANCE NO. 2005-26 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADDING SECTION 110-21 TO THE WYLIE CODE OF ORDINANCES; PLACING RESTRICTIONS ON THE USE, OPERATION OR RIDING OF SKATES, SKATEBOARDS OR SIMILAR NON-MOTORIZED ROLLING DEVICES, OR THE PROPELLING OF ONESELF OR ANOTHER ON SKATES, SKATEBOARDS OR SIMILAR NON-MOTORIZED ROLLING DEVICES ON BALLARD STREET AND THE SIDEWALKS ALONG BALLARD STREET BETWEEN HIGHWAY 78 AND BROWN STREET.; PROVIDING FOR A PENALTY FOR ALL PERSONS AND PARENTS OF MINOR; PROVIDING A REPEALING, SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF TIDS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie ("City Council") has determined that restriction of the use and operation of skates, skateboards, manually propelled scooters or similar devices along Ballard Street between Highway 78 and Brown Street within the City of Wylie ("Wylie" or "City") is necessary in the interest of safety; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent potential traffic hazards, safety hazards and property damage resulting from use and operation of skates, skateboards, manually propelled scooters or similar devices along Ballard Street between Highway 78 and Brown Street. 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: Restrictions and Prohibitions for skates and skateboards/Penalty for Violation. The Wylie Code of Ordinances is amended to add Section 110-21 as follows: Sec. 110-21. Prohibition of skates, skateboards, manually propelled scooters or similar devices along portion of Ballard Street and adjacent sidewalks. (a) Restrictions and Prohibitions on Locations of Use. (1 ) It is unlawful for any person to use, operate or ride skates, skateboards, manually propelled scooters or similar non-motorized rolling devices, or Ordinance No. 2005-26 Skateboard-Restrictions and Prohibitions propel himself/herself or another on skates, skateboards, manually propelled scooters or similar non-motorized rolling devices on Ballard Street, and the sidewalks along Ballard Street, between Highway 78 and Brown Street. (2) It is unlawful for a parent, natural or adopted, or court-appointed guardian or conservator of a child (hereinafter "parent") under eighteen (18) years of age to allow or permit the child to use, operate or ride skates, skateboards, manually propelled scooters or similar non-motorized rolling devices, or propel himself/herself or another on skates, skateboards, manually propelled scooters or similar non-motorized rolling devices on Ballard Street, and along the sidewalks on Ballard Street, between Highway 78 and Brown Street. (3) It is presumed that a parent allowed a child to use, operate or ride skates, skateboards, manually propelled scooters or similar non-motorized rolling devices, or propel himself/herself or another on skates, skateboards, manually propelled scooters or similar non-motorized rolling devices on Ballard Street, and the sidewalks along Ballard Street, between Highway 78 and Brown Street. (b) Penalty. (1) A person who violates any provision of paragraph (a), above, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding five hundred dollars ($500.00). (2) The purpose of this Section 110-21 is to promote safety and discourage property damage. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. SECTION 3: Savings/Repealing 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 4: Severability. Should any section, subsection, sentence, clause, phrase or word 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 anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No. 2005-26 Skateboard-Restrictions and Prohibitions SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as set forth herein. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 28th day of June, 2005. ATTESTED TO AND CORRECTLY RECORDED BY: ~ :@/ / . ~ ~At:- City ecretary .. . ""\\\\O"\FIII1 ~ MONDY, Mayor ,," 1_'" ~,~'" t"...."'.~.. r(, ......... ..:- ..:.." ,.". ... /.. ~ ~r~... ..::...<\~ , '-J. .". - ~. .- - . . - _ 0 . _ - . ~ - _ <t '" _ - . . - . " - . . _ . lJ- .... . .- ,.. ,,- ~ ~ ~ ~ ~ 0.... {<.,.:lI$::: ~ Vy i}e.Hj)~e" trC:; "" ""'// YL IE It.i-- """, //11111 0;1\1 \ \ \\\\ Date of publication in The Wvlie News - Julv 6.2005 Ordinance No. 2005-26 Skateboard-Restrictions and Prohibitions . * C&S Media, Inc. 'QJ:uc jfal'mcl'~biUc 'QJ:imc~. 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 Ord. No. 2005-25, Ord. No. 2005-26, Ord. No. 2005-27, Ord. No. 2005-28, Ord. No. 2005-29 was published in said newspaper on the following dates, to-wit: July 6, 2005 ()fJl1L- Chad Engbrock, Publisher Subscribed and sworn before me on this, the "~ day of tl.o , 2005 to certify which witness my hand and seal of office. ,.............:~......~.^.,>~#~<...""'l'l:>..":~~~~'~"'~..,,t"~..~_'<;;.,~ . l:;:~;";~::::~/;. " ADA L. MOOf'JEY $ { ~(~tfI^C" ,"\ Notary Public ' . . 'fits:: r; State ofT €xas \iI";.\ ':',/;~i , <." .~;;/ My l;ornrn. Exp. 01.02.07 --..- (#t /~? Notary Public in ~nd for The State of Texas My commission expires 01/02/07 Murphy/Sachse/Wylie Office' 110 N. Ballard' P.O. Box 369' Wylie. TX 75098' 972-442-5515' fax 972-442-4318 Farmersville/Princeton Office' WI S. Main' P.O. Box 512' Fannersville. TX 75442'972-784-6397' fax 972-782-7023 --rIVE DATT~. CUMPKeHI~I'l:'t1 v e \}-It-_'71 11"- U;-,:'tI"'1.ly.... .......a....''!; O"'S'~,......'I,,;..:"Io must be made 4R hours prior to the meeting. Contact the Onice of the City Secretary at (972) 442-R 1 03. or (TDD) (972) 442-R I 70 for assistance. NOTICE OF PUBLIC HEARING PLANNING AND ZON- ING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 2005-13 Applicant: Ryan Betz with Skorburg Company Location: East side of old FM 544. south of Stone Road Property Description: See Attached Legal Description Present Zoning: Agriculture (A) Requested Zoning:Planned Development (PD) EMERGENCY MAN- AGEMENT; ACKNOWL- EDGING THE OFFICE OF EMERGENCY MAN- AGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MAN- AGEMENT COORDINA- TOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDEN- TIFYING AN OPERA- TIONAL ORGANIZA- TION; GRANTING NEC- ESSARY POWERS TO COPE WITH ALL PHAS- ES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF WYLIE, TEXAS; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREE- MENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; REPEALING CITY OF WYLIE ORDINANCE NO. 91- I 6: PROVIDING F..,OR A ~ENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING. SAVINGS AND SEVERABILITY CLAUSES: PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVID- ING FOR THE PUBLICA- TION OF THE CAPTION HEREOF. ORDINANCE NO. 2005-26 AN ORDINANCE OF THE CITY OF WYLIE. TEXAS, ADDING SEC- TION 110-21 TO THE WYLIE CODE OF ORDI- NANCES; PLACING RESTRICTIONS ON THE USE, OPERATION OR RIDING OF SKATES. SKATEBOARDS OR SIMILAR NON-MOTOR- IZED ROLLING DEVICES, OR THE PRO- PELLING OF ONESELF OR ANOTHER ON SKATES, SKATE- BOARDS OR SIMILAR NON-MOTORIZED ROLLING DEVICES ON BALLARD STREET AND THE SIDEWALKS ALONG BALLARD STREET BETWEEN HIGHWAY 7R AND BROWN STREET.: PRO- VIDING FOR A PENAL- TY FOR ALL PERSONS AND . PARENTS '..DF MINOR; PROVIDING A REPEALING, SEVER- ABILITY AND SAVINGS CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFEC- TIVE DATE; AND PRO- VIDING FOR THE PUB- LICATION OF THE CAP- TION HEREOF. Exhibit "A" Legal Description Zone Change #2005-13 BEING a tract of land located south of Stone Road, and west of old FM 544 South and further described as: BEING a I R5. I 449 acre tract of land situated in the E.M. Priee Survey, Abstract No. 725, the D.W. Williams Survey, Abstract No. 980. the Nathaniel I I Atterberry Survey, Abstract. No. 1099, and the William ~ Sulton Survey, Abstract I No. R60. Collin County, Texas and the E,M. Price l Survey, Abstract No. 1114, Dallas County. Texas, said tract being all of a 53.42 I acre tractor land a!ld a- 134.33 a<;.re tract of land conveyed by deed to Mrs. Thelma Rice b'y Lone Star Boat Co., recorded in Volume 561. Page 226. Deed Rccords, Collin County. Texas CD.R.C.C.T.) save and except parcels take for road rights-of-way and being more particularly described as follows: Proposed Residential Uses This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie, Texas and the Official Zoning Map. The request will be considered as follows: City Council: Tuesday, July 26. 2005. 6:00 pm Each public hearing will be held at the following loca- tion: City Council Chambers of the Municipal Complex John Mondy, Mayor 2000 Highway 78 North, Wylie, Texas AN ORDINANCE OF ATTEST: This notice has been sent to THE CITY OF WYLIE. Carole Ehrlich. Cit~a owners of real property TEXAS. ESTABLISHIN~secretarY ithin 200 feet of the RULES AND REGULA 6- I t-339-20Rli request as such ownership TIONS FOR SPECIAL PUBLIC NOTICE appears on the last EVENTS; PROVIDING approved city tax roll. FOR A PERMIT FEE; The Board of Adjustment Action by the Planning and PROVIDING FOR THE of the City of Sachse will Zoning Commission serves ISSUANCE AND REVO- meet on Thursday, July 21, as a recommendation to the CATION OF PERMITS; 2005 at 7:30 p.m. at Sachse City Council and is not a PROVIDING FOR A City Hall, 5560 Hwy. 78, to final action on the request. PENALTY FOR THE hear a request from ASG If the Commission recom- VIOLATION OF THIS Rea Estate Company for a mends denial, a three- ORDINANCE; PROVID- variance at property locat- fourths majority vote by ING FOR REPEALING, ed approximately in the the City Council shall be SAVINGS AND SEVER- 7000 Block of State required for approval. ABILITY CLAUSES; Highway 78, further Zoning districts. amend- PROVIDING FOR AN known as Tract 15, in the ments and conditions rec- EFFECTIVE DATE OF James Cumba Abstract ommended by the THIS ORDINANCE; AND #1747, City of Sachse, Commission for approval PROVIDING FOR THE Dallas County; and Tract by the City Council may be BEGINNING at a _" iron rod lound for corner and being the intersection of the Westerly line of said 134.33 acre tract of land with the Northerly line of Vinson Road (a 60' ROW) said intersection point being at the most easterly corner of Twin Creeks Estates. an addition to the City of Wylie. recorded in Volume 72. Page R08. Map Records, Dallas County. Texas; ORDINANCE NO. 2005-27 THENCE N 47 degrees 41 minutes 51 seconds West, along an old fence line, and on the Easterly line of said Twin Creek Estates, a dis- tance of 1276.47 feet to a _" iron rod found for cor- ner; D1T1;l1 .tC',ATI01\..l.- np, "TUP "11') -::...,., ....._- :I.................'--~'!!.-.......'., ____~~ ,-.."..,,~"';~_~_;t.b,_ T~"t;',v:tot,J"._A.::;tdl'''-_~;;'PII::'LA-''''