Ordinance 1994-06
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF WYLffi, TEXAS, AMENDING THE WYLIE
CITY CODE BY ADDITION OF A NEW SECTION PROVIDING THAT BEFORE ANY
PERMIT OR LICENSE IS ISSUED TO AN APPLICANT, SAID APPLICANT MUST
NOT BE IN ARREARS ON ANY AMOUNT OWED TO THE CITY; FURTHER
PROVIDING THAT AN APPLICANT FOR CHANGE OF ZONING MUST NOT BE IN
ARREARS ON ANY AMOUNTS OWED TO THE CITY; REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has experienced, and continues to experience, significant problems with
persons and entities who are delinquent in obligations to the City, continuing to transact business
with the City by way of receiving permits, licenses, changes in zoning, and other benefits from
the City without having to bring such delinquent obligations up to date; and,
WHEREAS, allowing such persons who are delinquent in their obligations to the City to
continue to receive licenses, permits and other privileges is unfair to the other citizens who have
paid all of their obligations to the City; and,
WHEREAS, persons, entities and firms frequently change names and/or form of entity in
which they conduct their business and thereafter seek to receive privileges of receiving permits
licenses and the like from the City thereby making it necessary to apply the effect of this
ordinance to all related or predecessor parties, as hereinafter defined;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, as follows:
SECTION I
A. No permit, license or similar such privilege shall be issued by the City when the
applicant or the owner of the premises for which the application is made, is in arrears to the City
for taxes, water, sewer, garbage, or any other fees or expenses due to the City.
B. No applications for any zoning actions, including original applications for zoning,
change of zoning classification, application for special use permits, appeals, shall be accepted
or considered if the person submitting the application or a person owning a substantial interest
in the property effected thereby, is arrears to the City as provided in the preceding paragraph.
C. A waiver of the requirements and effect of this section may be granted only in the
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event of one of the following:
1) By a two-thirds, or more, vote of the City Council if at least one of the following
qualifications have been met:
a) a waiver will facilitate urban redevelopment, historic conservation, or an
important planning objective; or
b) a pending sale of the property is contingent on the zoning application, and the
applicant can supply evidence, such as a contract of sale, that the taxes and any other city
fees, fines, or penalties will be paid at the time of closing; or
c) the applicant can demonstrate financial hardship that makes payment of taxes
impossible, and approval of a waiver will improve the applicant's ability to pay the taxes
and any other city fees, fines or penalties; or
d) the property is an asset in a bankruptcy case, and the action for which a permit,
license, privilege, or zoning action is submitted in connection with the liquidation or
reorganization or the debtor; or
e) The need for the permit, license, or privilege from the City arises from a
natural disaster such as tornado, flood, earthquake or other calamity;
OR
2) By the City Manager in the event of an emergency situation, whereby denial of the
permit would have the effect of:
a) creating or continuing a condition on the premises where the occupant would
be without water, sewer, electric, or natural gas services; or
b) creating or continuing a condition on the premises which would immediately
and significantly endanger the health, safety or welfare of the surrounding neighborhood;
A form for such application shall be prepared by and available in the City's Community
Development Department, but shall be completed and submitted by the applicant. Any
consideration on such waiver shall be separate and apart from the underlying application which
shall be considered on its merits only after approval of the waiver or payment of the arrearage
SECTION II
The provisions of this ordinance shall apply not only to the person or entity applying for
the permit, license, or zoning action or owner of the effected property, but also and equally
apply and be effective against persons who have or had a substantial interest a concern or entity
who is so indebted to the City notwithstanding the fact that the application or request is being
made in under a different name.
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SECTION III
As used herein the following terms shall be defined and taken to mean as follows:
(a) Person: An individual, partnership, corporation, association or other business entity.
(b) Substantial Interest: Having an ownership interest of 25% or more and/or having
general managerial and administrative control over a business or entity.
SECTION IV
Nothing herein shall prevent the issuance of a permit, license, or zoning application in
those situations where the indebtedness to the City has been legally discharged in bankruptcy
proceedings in the United States District Court.
SECTION V
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 VI
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 VII
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 VII
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
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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.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
8th day of February, 1994.
ArrEST: ~1~
Mary Nicho
City Secretary
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