Ordinance 1993-47
ORDINANCE NO.
tl~ --4-1
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 3
OF THE WYLIE CITY CODE BY REQUIRING A V AILABILITY OF TEMPORARY
TOILET FACILITIES AND CONNECTION TO CITY POTABLE WATER SUPPLY;
REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City has received numerous complaints regarding the lack of toilet facilities
at construction sites within the City; and,
WHEREAS, there is a significant amount of ongoing construction activities in residential
neighborhoods that are partially built out and inhabited, thereby subjecting the residents, some
of which are children, to the unsightly and inappropriate actions of some of the workers at such
sights relieving themselves in full view of those in the vicinity; and,
WHEREAS, the City has experienced problems at construction sites, including without
limitation, improper clean up of concrete jobs, and the incidence of such problems could be
alleviated or significantly reduced if there was a water supply at the sit prior to undertaking any
concrete work; and,
WHEREAS, the City generally has the power to regulate the aforesaid areas of concern to
insure to health, safety, and welfare of its citizens; and,
WHEREAS, the Council has determined, in its legislative capacity that it should take action
to regulate the aforesaid activities at construction sites and therefore desires to make issuance of
a building permit conditioned upon compliance with both of said provisions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Chapter 3 of the Wylie City Code be and it hereby is amended by addition of the
following section:
" 1. No building or construction permit shall be issued unless the applicant shall furnish
proof, to the satisfaction of the building official, or their representative, that the site at which
the construction will take place has met both the following requirements:
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a) Temporary toilet facilities have been placed at the site, or at a neighboring site within
150 feet thereof and accessible by workers on the subject site; and
b) The public potable water supply to the premises shall be connected by the public entity
responsible therefore;
2. In the event that either of these aforesaid requirements shall become non-existent
following issuance of a permit, carrying on of any further construction at such sight thereafter
shall be deemed a violation of this Code and subject the person or persons carrying on such
activities to a fme under the provisions of Chapter 1, section 1.06 of this Code.
SECTION II
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION III
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION IV
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION V
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
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DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
12th day of October, 1993.
ATTEST: -ll.1kt4~
Mary Nichols ,
City Secretary
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