Ordinance 1998-07
CITY OF WYLIE, TEXAS
ORDINANCE NO. q S' - 7
AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS DECLARING THAT
UNCONTROLLED BURNING OF TRASH, GARBAGE, REFUSE OR OTHER
DEBRIS WITHIN 5,000 FEET OF THE CITY LIMITS OF WYLIE IS 1)
DANGEROUS AND DETRIMENTAL TO THE LIFE, HEALTH AND
PROPERTY OF ITS CITIZENS, 2) CREATES UNNECESSARY EXPENSES
TO THE CITY AND 3) INTERFERES WITH THE ENJOYMENT OF
PROPERTY AND/OR THE PUBLIC PEACE AND COMFORT, AND
THEREFORE UNCONTROLLED BURNING IS DECLARED TO BE A
NUISANCE AND IS PROHIBITED WITHIN 5000 FEET OF THE CITY
LIMITS; DEFINING UNCONTROLLED BURNING; PROVIDING
REGULATIONS FOR ABATING THE NUISANCE AND PREVENTING THE
NUISANCE BY ALLOWING AN EXEMPTION IF A BURN PERMIT IS
OBTAINED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
TillS ORDINANCE; PROVIDING FOR SEVERABILITY, REPEALING AND
SAVING CLAUSES; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is hereby declared to be the policy of the City of Wylie, Texas ("Wylie") to
minimize the exposure of the potential dangers of uncontrolled burning of trash, garbage, refuse
or other debris within 5,000 feet of the city limits of Wylie, and to protect, promote and preserve
the public health, comfort, convenience, safety and welfare of the citizens of Wylie; and
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") investigated
and determined that the controlled burning of trash, garbage, refuse or other debris within 5,000
feet of the city limits of Wylie is potentially dangerous and detrimental to the life, health and
property of its citizens; and
WHEREAS, the City Council further investigated and determined that the uncontrolled
burning of trash, garbage, refuse or other debris within 5,000 feet of the city limits of Wylie
creates unnecessary expenses to Wylie when emergency vehicles are required to be dispatched to
uncontrolled bums or bum sites unknown to emergency personnel; and
ORDINANCE DECLARING BURNING WITHIN 5000 FEET OF WYLIE TO BE A NUISANCE AND PROHIBITED - Page 1
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WHEREAS, the City Council further investigated and determined that the uncontrolled
burning of trash, garbage, refuse or other debris within 5,000 feet of the city limits of Wylie
interferes with the enjoyment of property and/or the public peace and comfort because of the fear
and potential for spread of fire and/or smoke; and
WHEREAS, for the reasons listed above and after careful consideration, the City Council
hereby determines that it is in the best interest of the citizens of Wylie to declare the uncontrolled
burning of trash, garbage, refuse or other debris within 5,000 feet of the city limits of Wylie to be
a nuisance pursuant to the authority granted in 9217.042 of the Local Government Code; and
WHEREAS, for the reasons listed above and after careful consideration, the City Council
hereby determines that it is in the best interest of the citizens of Wylie to prohibit the uncontrolled
burning of trash, garbage, refuse or other debris within 5,000 feet of the city limits of Wylie, and
to provide procedures for preventing and abating such nuisance; and
WHEREAS, the City Council further investigated and determined that it is in the best
interest of the citizens of Wylie to prevent such nuisance by allowing an exemption to the
prohibition of uncontrolled burning of trash, garbage, refuse or other debris within 5,000 feet of
the city limits of Wylie if a bum permit is obtained as provided for in Chapter 46 of Wylie's Code
of Ordinances thereby allowing the bum to be controlled as determined by the city fire chief or
designated representative.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Incorporation of Findings.
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
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SECTION 2: Declaration of Nuisance and Definition of Uncontrolled Burning.
The City Council hereby declares that the uncontrolled burning of trash, garbage, refuse or
other debris within 5,000 feet of the city limits of Wylie 1) is a nuisance and can create dangerous
conditions which are detrimental to the life, health and property of the citizens of Wylie, 2)
creates unnecessary expenses for Wylie and 3) interferes with the enjoyment of property and/or
the public peace and comfort.
Uncontrolled burning means any and all burning of trash, garbage, refuse or other debris
within 5,000 feet of the city limits of Wylie unless the burning is conducted pursuant to one of the
exemptions provided hereinafter.
SECTION 3: Prohibition.
It is unlawful for any person or entity to bum, cause to be burned, or allow any burning of
trash, garbage, refuse or other debris within 5000 feet of the city limits of Wylie, and such
conduct is hereby prohibited except as otherwise provided hereinafter.
SECTION 4: Exemptions.
The burning of trash, garbage, refuse or other debris within 5000 feet of the city limits of
Wylie shall be exempt from the prohibition of this Ordinance under the following conditions:
1) under the authority of a bum permit issued by Wylie as set forth in Chapter 46 of
Wylie's Code of Ordinances, or as may be amended from time to time;
2) pursuant to a written grant from the Texas Natural Resource and Conservation
Commission as more fully set forth in Chapter 46 of Wylie's Code of Ordinances,
or as may be amended from time to time; or
3) in a state-approved, enclosed incinerator.
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SECTION 5: Penalty.
Any person violating any of the provisions of this Ordinance shall be deemed guilty ofa
misdemeanor, and upon conviction thereof shall be fined in the sum of not more than Two
Thousand Dollars ($2000.00). Each continuing day's violation under this Ordinance shall
constitute a separate offense.
SECTION 6: Iniunctive Relief
In addition to and accumulative of all other penalties, Wylie shall have the right to seek
injunctive relief to abate any and all violations of this Ordinance.
SECTION 7: Severability Clause.
It is the intention of the City Council that this Ordinance, and every provision thereof,
shall be considered severable and the invalidity of any section, clause or provision or part or
portion of any section, clause, or provision of this Ordinance shall not affect the validity of any
other portion of this Ordinance.
SECTION 8: Repealing and Saving Clauses.
All Ordinances in conflict herewith are repealed to the extent they are in conflict. Any
remaining portions of conflicting ordinances shall remain in full force and effect.
SECTION 9: Effective Date.
The caption of this Ordinance shall be published in accordance with the law and the
provisions of the Home Rule Charter of the City of Wylie and shall be effective immediately upon
its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS,onthis J1ILdaYOf~ 19<)2:
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ATTESTED AND CORRECTLY
RECORDED:
APPROVED AS TO FORM:
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Date oCPublication:
ABERNATHY, ROEDER, ROBERTSON,
BOYD & JOPLIN, P.C.
RICHARD M. ABERNATHY
D.KAYWOODS
City Attorneys
,THE WYLIE NEWS
ORDINANCE DECLARING BURNING WITHIN 5000 FEET OF WYLIE TO BE A NUISANCE AND PROHIBITED - Page 5
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THE WYLIE NEWS
Covering Wylie, Sachse, Murphy and the tlUrrounding uea
110 N. Ballard St.
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLffi
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 forgoing attached
City 06 WyR~e-O~di~a~~~ No. 98-7
was published in said newspaper on the following dates, to-wit:
F~b~uCUtu 4
, 1998, and
,1998.
/.
Subscribed and sworn to before me this the ///'1
to certify which witness my hand and seal of of6c~.
day of '~b 2~~U--~8,
d (
'2-0
Notary Public in and for
The State of Texas
My Commission Expires Sept. 26, 2001
Serving Wideawake Wylie Since 1947
ranuu seIS or orawmgs ana spec1l1-
cations will not be available.
The right is reserved by the Mayor
and the City Council, as the interest
of the City may require, to reject
any and all bids, and to waive any
informality in bids received.
No officer or employee of the City
of Sachse shall have a financial
interest, direct or indirect, in any
1 contract with the City of Sachse.
]
I THE CITY OF SACHSE, TEXAS
) Lloyd Henderson, City Manager
I:
)
ATfEST:
~ Terry Smith, City Secretary
35-2t-1370
CITY OF WYLIE, TEXAS
u
c
11
ORDINANCE NO. 98-4
;j
n AN ORDINANCE ANNEXING A
'! 3021 ACRE TRACT OF LAND,
11 MORE OR LESS, SITUATED IN
u THE RICHARD NEWMAN SUR-
t VEY, ABSTRACT NO. 660 AND
I BEING PART OF THE 195.939
ACRE TRACT OF LAND
DESCRIBED IN DEED TO
BELCO EQUITIES, INC.,
,'," RECORDED IN COLLIN COUN-
r TY CLERK FILE NO. 95-0003093;
PROVIDING THAT THE LAND
OWNERS AND INHABITANTS
OF THE ABOVE-DESCRIBED
TRACT OF LAND SHALL BE
ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER
CITIZENS OF WYLIE AND BE
BOUND BY THE ACTS AND
ORDINANCES NOW IN EFFECT
AND HEREINAFTER ADOPTED;
PROVIDING FOR A PENALTY
FOR A VIOLATION OF THIS
ORDINANCE AND WYLIE'S
COMPREHENSIVE ZONING
ORDINANCE NO. 91-24, CHAP-
TER 12, EXHIBIT A OF WYLIE'S
CODE OF ORDINANCES; PRO-
VIDING FOR REPEALING, SA V-
INGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF
THE CAPTION HEREOF.
36-lt-339
CITY OF WYLIE, TEXAS
ORDINANCE NO. 98-5
AN Erl'ECTIVE DATE.
36-lt-339
CITY OF WYLIE, TEXAS
./1
./
ORDINANCE NO. 98-7 ('
AN ORDINANCE FOR THE CITY
OF WYLIE, TEXAS DECLARING
THAT UNCONTROLLED BURN-
ING OF TRASH, GARBAGE,
REFUSE OR OTHER DEBRIS
WITHIN 5,000 FEET OF THE
CITY LIMITS OF WYLIE IS 1)
DANGEROUS AND DETRIMEN-
T AL TO THE LIFE, HEALTH
AND PROPERTY OF ITS CITI-
ZENS, 2) CREATES UNNECES-
SAR Y EXPENSES TO THE CITY
AND 3) INTERFERES WITH THE
ENJOYMENT OF PROPERTY
AND/OR THE PUBLIC PEACE
AND COMFORT, AND THERE-
FORE UNCONTROLLED BURN-
ING IS DECLARED TO BE A
NUISANCE AND IS PROHIBIT-
ED WITHIN 5000 FEET OF THE
CITY LIMITS; DEFINING
UNCONTROLLED BURNING;
PROVIDING REGULATIONS
FOR ABATING THE NUISANCE
AND PREVENTING THE NUI-
SANCE BY ALLOWING AN
EXEMPTION IF A BURN PER-
MIT IS OBTAINED; PROVIDING
FOR A PENALTY FOR THE VIO-
LA TION OF THIS ORDINANCE;
PROVIDING FOR SEVERABILI-
TY, REPEALING AND SAVING
CLAUSES; PROVIDING FOR
THE PUBLICATION OF THE
CAPTION HEREOF; AND PRO-
VIDING FOR AN, EFFECTIVE
DATE.
36-lt-339
PUBLIC NOTICE
The Board of Adjustment of the
City of Sachse will meet on Thurs-
day, February 19, 1998, at 7:30 p.m.
at Sachse City Hall, 5560 S.H. 78, to
hear a request from Todd Pool,
Choice Homes, for a variance to the
required side yard of 7.2 feet to
allow for a side yard of 5 feet at the
following locations in the Davis
Estates Addition to the City of
Sachse: Block BLots 21R thru 40R;
Block D Lots 5R thru lOR; Block B
Lot 8R; Block D Lot IR; Block E
Lots 2R thru 6R; Block E Lot 17R;
Block F Lots 2R, 5R, & 9R; Block
A Lots I thru 23; Block BLots 1
thru 12; Block CLots 1 thru 16;
Block D Lots 1 thOl 6: Block BLot
Byrne Underhill, President
36-2t-371
WYLIE CENTRAL PARK
Wylie, Texas
SECTION 00020 u Advertise-,
ment for Bids
Sealed bids, in duplicate, addressed
to the Honorable Mayor and City
Council of the City of Wylie, Texas,
for: Wylie Central Park, Wylie,
Texas prepared by Dunkin Sims
Stoffels, Inc., 9876 PIano Road,
Dallas, Texas 75238 (phone 214-
553-5778), will be received at the
office of the Purchasing Manager
of the City of Wylie, 2000 High-
way 78 N., Wylie, Texas until 3:00
p.m.. February 27. 1998. Bids
received after 3:00 p.m. will be
returned unopened.
The work includes two softball
fields, soccer fields, parking lot
paving, irrigation and turf.
All bids will be opened at the Wylie
City Hall, at which time a tabulation
will be made for consideration of
the Owner in awarding a contract.
Any bids received after the closing
time will be returned unopened.
The Contractor shall identify his/her
bid on the outside of the envelope
by writing: Wylie Central Park.
Bids shall be accompanied by a
cashier's check or certified check,
drawn upon a national or state bank,
in an amount not less than five per-
cent (5%) of the total maximum bid
price, payable without recourse to
the City of Wylie, or a bid bond in
the same amount from a reliable
surety company, as a guarantee that
the bidder will enter into a contract.
Bidding Documents: A maximum
of two sets of Plans, Specifications
and other Bidding Documents for
this project may be obtained by
General Contract()("s from the office
of Dunkin Sims Stoffels, Inc., 9876
Piano Road, Dallas, Texas 75238,
phone number 214-553-5778, upon
receipt of $25.00 for each set of
plans, payable to the City of Wylie.
The deposit check will be refunded
to bidders who submit a bona fide
bid and return the drawings and
Specifications in good condition
within ten (10) rows. of thp. nMp. of