Ordinance 2009-06
~ ORDINANCE NO. 2009-06
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CITY
OF WYLIE CODE OF ORDINANCES FOR THE SOLE PURPOSE OF
RELOCATING SECTION 110-114 OF THE WYLIE CODE OF
ORDINANCES, ENACTED BY ORDINANCE NO. 2008-19 (CELL
PHONES IN SCHOOL ZONE), TO SECTION 110-115 OF THE WYLIE
CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; 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 ("City Council") has adopted
Ordinance No. 2008-19 (Cell Phones in School Zone), enacted in the Wylie Gode of Ordinances
as Section 110-114; and
WHEREAS, based upon an investigation, the City Council has determined that Section
110-114 was inadvertently assigned the section number for "Private Subdivisions" in the Wylie
Code of Ordinances; and
~ WHEREAS, the City Council has determined it to be advantageous and in the best
interest of the City of Wylie to amend Wylie's Code of Ordinances for the sole purpose of
relocating Section 110-114 (Cell Phones in School Zone Ordinance) to another section in the
Code of Ordinances to prevent confusion with the previously enacted Section 110-114 (Private
Subdivisions).
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findin sg Incorporated. The findings set forth above are incorporated into
the body of this ordinance as if fully set forth herein.
SECTION 2: Relocate Section 110-114 (Cell Phones in School Zone) enacted by
Ordinance No. 2008-19, to Section 110-115 of the Wylie Code of Ordinances Section 110-114
(Cell Phones in School Zone), enacted by Ordinance No. 2008-19, is relocated to Section 110-
115 of the Wylie Code of Ordinances.
SECTION 3: Savin~s/Revealin~ Clause. Wylie Ordinance No. 2008-19 shall remain in
full force and effect, save and except as amended by this or any other ordinance. All provisions
of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed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.
Ordinance No. 2009-06 Relocating Chapter 110,
Article III Section 110-114 To Section 110-115 Page 1
538881 v. I
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: 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 a sum not exceeding Five Hundred dollars ($500.00). Each 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 10`" day of February 2009.
~
Eric Hogue, Mayo
OF t~.
ATTESTED TO AND 4~~~rc,?' ~'I'~
CORRECTLY RECORDED BY:
Caro e Ehrlich, ity Secretary
~ ~
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Date of Publication in The Wvlie News - February 18 2009
Ordinance No. 2009-06 Relocating Chapter 110,
Article III Section 110-114 To Section 110-115 Page 2
538881 v.l
C8~S Media, Inc.
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STATE OF TEXAS r~~ _ 3~
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personaily 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. 2009-06 and 2009-07
was published in said newspaper on the following dates, to-wit:
February 18, 2009
1
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of , 2009
to certify which witness my hand and seal of office.
i ,
;
t Notary Pub ' and for
The State of Texas
My commission expires ~
R'~'~E~~
M AR ~ `Z ~~~09 Y P
o~~ Sonia A Duggan
e My Commission Expires
D9/02/2012
F~~,~~
Murphy/Sachse/Wylie Office • I 10 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 973-~12-SSIS • fax 972-4<12-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Famx;rsville, TX 75442 • 972-784-6397 • Eix 972-782-7(TZ3
February 18 - 19, 2009 3C
~ ORDINANCE ~
NO. 21N19-06
AN ORDINANCE OF
THE CITY OF
WYLIE, TEXAS,
AMENDING CITY
OF WYLIE CODE OF
ORDINANCES FOR
THE SOLE PURPOSE
OF RELOCATING
SECTION 110-114 OF
THE WYLIE CODE
OF ORDINANCES,
ENACTED BY ORDI-
NAI~TCE NO. 2008-19
(CELL PHONES IN
SCHOOL 20NE), TO
SECTION 110-115 OF
THE WYLIE CODE
OF ORDINANCES;
PROVIDING FOR A
FENALTY FOR THE
VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR
REPEALING, SAV-
INGS AND SEVER-
ABILTTY CLAUSES;
AND PROVIDING
FOR AN EFFECTIVE
DATE OF THIS
ORDINANCE.