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Ordinance 1998-12 ORDINANCE NO. ;)8-1 L AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR THE CONTROL OF EROSION AND/OR SILTATION; PROVIDING FOR A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas has investigated the problem of erosion siltation onto city streets or alleys, drainage easements, storm drains and others properties; and WHEREAS, the City Council of the City of Wylie, Texas upon full consideration of these matters has determined the desirability to provide regulations for the control of erosion & siltation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I Owner Responsibility. It is the responsibility of each property owner within the municipal limits of the City of Wylie, Texas to take appropriate measures to control the erosion and siltation of soil materials from the owner's property. The owner shall not allow water runoff to transport silt, earth, topsoil, etc. from the owner's property to others properties or on to city streets or alleys, drainage easements, drainage facilities or storm drains. The property owner shall be responsible for damages to others created by the actions of builders, contractors, developers and others performing construction or other activities on the owner's property which create conditions that cause or aggravate erosion. SECTION II Contractor Responsibility. Plans and specifications prepared for construction of improvements shall address suggested erosion/siltation control measures and techniques to assist the contractor in implementing a suitable program to control erosion. The City of Wylie, Texas shall not be required to approve and may, in the City's discretion, deny approval of plans and specifications based upon the City's opinion as to the suitability of erosion measures submitted. The contractor shall take whatever measures are necessary to control and limit the transport of silt, earth, topsoil, etc. from the site of construction, including, but not limited to, the erosion/siltation control measures and techniques provided on the plans and specifications. The contractor shall, upon completion of his/her work, leave the owner's property in a stabilized condition that minimizes the transportation of the owner's silt, earth, topsoil, etc. Ordinance No j8 -/2- Page 2 SECTION III City Approval. The City of Wylie, Texas, through its building officials, city engineers, and inspectors, shall not be required to issue approvals or permits, including plats, drainage studies, plans and specifications, building permits, interim inspections, acceptance of maintenance of completed construction of public streets or storm drainage facilities, or certificates of occupancy if, at the time the approval or permit is sought, the owner, developer and/or contractor does not have in place adequate erosion/siltation control measures, or conditions on subject property are not in a stabilized condition and are a major contributing cause of sedimentation and siltation which is occurring or has occurred outside the limits of the owner's property. SECTION IV Any person violating the provisions of this ordinance or part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City code as set forth in Section 1-9 (a)(1) thereof, as the same now exists or is hereafter amended. 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 May 12, 1998 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 VIII The repeal of any ordinance, or 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 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. Ordinance No,JP; -/1- Page 3 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 12th day of May, 1998. ATTEST: ~iL ~~/ \ J n dy, Mayor " \'',.c.':'::~:;',;ii'H.'//,;:,. .:>"j''0 F ~Vi 'y/':%;;~~ , \ --- ,('~ ".'.:: ", ,- ~ .. '/ /' ~ :.- . " r,,\.'@., . \J, \. ~ . (' ~-=:::::1 ~ ",n, T :: . ...., I'.,A .1..1 ~ ~"';- ..:~ ~ ;::: ~ '.~ ~ '?'. . ~ ..~ tr'l i>-c, ~ ~1;,;;:':" '- IE, 1 'E.. i~,~\,\# '! .Il/In; t' n! r: i un ~ \ \,\ \\e' THE WYLIE NEWS Covering Wylie, Sachse, Murphy and the surrounding area 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 foregoing attached OndinanQe No. 98-12 was published in said newspaper on the following dates, to-wit: , 1998. June 3 , 1998, Subscribed and sworn to before me this the to certify which witness my hand and seal of office. t~ day of , 1998, :'~:t} ,',," ~~::-.~'~ DEBRA M WORKMA;! . ~.i MY COMMlSSIO;~ EXPiRE: November 10, 20()", I I I -~.L ~ ".-1 ;;:.~;. :: ~ )[/l~ Debra M. Workman Notary Public in and for The State of Texas My Commission Expires Nov. 10,2001 Serving Wideawake Wylie Since 1947 THE WYLIE NEWS Covering Wylie, Sachse. Murphy and the surrounding area 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 foregoing attached C~y 06 Wylie - OndinanQe No. 98-12 was published in said newspaper on the following dates, to-wit: flay 20 , 1998, and ,1998. Subscribed and sworn to before me this the .;< 7 ctL.- to certify which witness my hand and seal of office. dayoC 7/J~ !1~7;~t:1 ~;~~~:~~~~;: Ii \:~~;-'o.,;\~~/ November 10, 200 ~.~ ,1998, ~~::.:;--;- ~ ....-----..,'1 AlMA 'YlJ (/)~ Debra M. Workman Notary Public in and for The State of Texas My Commission Expires Nov. 10, 2001 Serving Wideawake WYlie Since 1947 Public Notices ORDINANCE NO. 98-12 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PRO- VIDING FOR THE CONTROL OF EROSION AND/OR SILTA- TION; PROVIDING FOR A PENAL TY CLAUSE; CON- T AINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas has inves- tigated the problem of erosion silta- tion onto city streets or alleys, drainage easements, storm drains and others properties; and WHEREAS, the City Council of the City of Wylie, Texas upon . full consideration of these matters has determined the desirability to pro- vide regulations for the control of erosion & siltation. NOW, THEREFORE, BE IT' ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I Owner Responsibility. It is the responsibility of each property owner within the municipal limits of the City of Wylie, Texas to take appropriate measures to control the erosion and siltation of soil materi- als from the owner's property. The owner shall not allow water runoff to tranport silt, earth, topsoil, etc. from the owner's property to others properties or on to city streets or alleys, drainage easements, drainage facilities or stonn drains. The prop- erty owner shall be responsible for damages to others created by the actions of builders, contractors, developers and other performing construction or other activities on the owner's property which create conditions that cause or aggravate erosion. Public Notices SECTION II Contractor Responsibility. Plans and specifications prepared for con- struction of improvements shall address suggested erosion/siltation control measures and techniques.to assist the contractor in implement- ing a suitable program to control erosion. The City of Wylie, Texas shall not be required to approve and may, in the City's discre~on, deny approval of plans and specifications based upon the City's opinion as to the suitability of erosion measures submitted. The contractor shall take whatever measures are necessary to control and limit the transport of silt, earth, topsoil, etc. from the site of construction, including, but not limited to,the erosion/siltation con- trol measures and techniques pro- vided on the plans and specifica- tions. The contractor shall, upon completion of hislher work, leave the owner's property in a stabilized condition that minimizes the trans- portation of the owner's silt, earth, topsoil, etc. 51-tt-339 ORDINANCE NO. 98-13 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRmED PROPERTY TO R, RET AIL DISTRICT CLASSIFI- CATION; PROVIDING FOR THE REPAL OF ALL ORDI- NANCES IN CONFLICT; PRO- VIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the gov- erning body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Compre- Public Notices hensive Zoning Ordinance, ha given the requisite notices by put cation and otherwise, and after ho ing due hearings and affording a f and fair hearing to all property 0'" ers generally and to owners of 1 affected property, the governi body of the City is of the opini and finds that the Comprehensi Zoning Ordinance and Map shOt be amended; NOW, THEREFORE, BE ORDAINED BY THE cn COUNCIL OF THE CITY ( WYLIE, TEXAS. SECTION 1. That the Comprehensive Zoni Ordinance of the City of Wyl Texas, be, and the same is here! amended by amending the Zoni Map of the City of Wylie, to g: the hereinafter described propert: new zoning classification of Retail District Classification, s: property being described in Exhi "A" attached hereto and made a ~ hereof for all purposes. SECTION 2. That all ordinances of the City conflict with the provisions of t ordinance be, and the same are he by, repealed and all other or nances of the City not in confl with the provisions of this ordinal shall remain in full force and effe SECTION 3. That the above described propt shall be used only in the manner: for the purposes provided.-for in Comprehensive Zoning Ordinal of the City, as amended herein the granting of this zoning class cation. 51-tt-: FOR SALE AT PUBLIC AUCTION 1981 Excalibur Boat, Ser # NAP0458AM811 May 21, 1998 9:00 a.m. l Eubanks, Wylie, TX 51-tt-lot