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Ordinance 1998-13 ORDINANCE No~/3 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO R, RETAIL DISTRICT CLASSIFICA nON; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of R, Retail District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, 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 so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. 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 7. 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 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1998. By ..- SIGN HERI James D. Swartz, Mayor ATTEST: Barbara Salinas, City Secretary "EXHIB IT An ',. WHEREAS, the City ofWyJie, is the O\\11er ofa tract ofland situated i.n the Allen Atterberry Survey, Abstract No. 23, in the City of Wylie, Collin County, Texas, and being all of that certain 1.502 acre tract ofland, and being called a1.5 acre tract described in a SPECL\L WARRANTY DEED to the City of Wylie, in Volume 1053, Page 876 of the Collin County Deed Records, and is more particularly described by metes and bounds as follows: BEGfNNfNG at a 3/4 inch iron rod fO'Jnd in the east right of way line (30 feet fro~ centerline) of Ballard Street, and being the southwest comer of said 1.5 acre tract, and being the westerly northwest corner of a 158.06 acre tract ofland described in a WARR<\NTY DEED in Volume 2991, Page 921 of the Collin County Deed Records, and being 321.6 feet, North ofa 1/2 ineh iron rod found at the intersection of the West line of said Ballard Street and the North right of way line of Alanis Dr., and said beginning 3/4 inch iron rod b~ing the southwest corner hereof; . THEi'iCE North, with the east line of said Ballard Street and the west line of said 1.5 acre tract, 220.00 feet, to a 3/4 inch iron rod found in concrete at the northwest corner of said 1.5 acre tract, being the southwest corner of a tract ofland described in a DEED in Collin County Clerk File No. 95-0018290, called the Fred Kern Li\ing Trust Tract, for the northwest comer hereof; THEJ'\CE North 89 deg. 57 min. 40 sec. East, with the north line of said 1.5 acre tract, and the south line of said Fred Kern Tract, and at 3.8 feet pass a 3/4 inch iron rod found, and continuing for a total distance of297.44 feet, to a 1/2 inch iron rod set -a'tiF-:i: nonheast corner of said 1.5 acre tract, being the nonherIy nonhwest corner of said 158.06 acre tract, and being the northeast corner hereof; THEi'iCE South with the east line of said 1.5 acre tract, being a nonherly west line of said 158.06 acre tract, 220.00 feet to a 3/4 inch iron rod found at the southeast corner of said 1.5 acre tract, being a interior "ell" comer of said 158.06 acre tract, and being the southeast corner hereof; TnE~CE South 89 deg. 57 min. 40 see. West, with the south line of said 1.5 acre Iract, being a westerly nonh line of said 158.05 acre tract, 297.44 feet to the place of beginning and calculated to contain 1.502 acres of land. 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 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 06 Wylie - Ondinance No. 98-13 was published in said newspaper on the following dates, to-wit: /Jay 2 0 , 1998, and ,1998. ~nd Subscribed and sworn to before me this the d 1 CJ:L to certify which witness my hand and seal of office. day of f1lc;- ,1998, '~'""'" l$.......~.1\"'.rP.;}.~ ;*: :.~ ... ... ~~". .'!l'< -;'~:f;,9f:\~~t"," DEBRA M WORKf.: MY COMMISSION EXP November 10. 2C _~kYhW~ 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 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 O~di~a~~e No. 98-13 - City on Wylie was published in said newspaper on the following dates, to-wit: U Ju~e 3, 1998 , 1998, and ,1998. Subscribed and sworn to before me this the to certify which witness my hand and seal of office. g-h 9~~ ;~.~-. ~:f:~ DEBRA M WORKMAN \;\,~:,,< I~ COMMISSION fiXPIRfSl ,;\>..:~~_ovember 10, 2001 l J)Ltu m~~ Debra M. Workman Notary Public in and for The State of Texas day of , 1998, My Commission Expires Nov. 10,2001 Serving Wideawake Wylie Since 1947 1.-1.-J.:J7 -0....-..-- ..'-"_......____ ......,; ~..-- ............- ~t'-..- y..-..... .......5......~.....'-'...~ 1-'-'. u.~ ,-,UI.I.\..IVI. VI. \.VI-'~Ul.t, 'l;;lf.,;. fied will be returned (unopened) to the proposer. Proposers are encouraged to put forth their best efforts on the pro- posals submitted. Electrical Upgrades for Educa- tional Technology Systems proposal documents and reference documents may be obtained from the Construc- tion Manager, Gallagher Construc- tion Management Services, Suite 100, 11886 Greenville Avenue, Dal- las, Texas 75243 upon the receipt of $25.00 per set (non-refundable). Partial Proposal Document Sets will not be made available. Proposal Documents will be furnished to established Plan Rooms without charge. Proposals of $25,000.00 or more must be submitted with a bid securi- ty in the amount of Five Percent (5%) of the greatest amount pro- posed. All offerors will be required to comply with the provisions of V.T.C.A. Texas Government Code Ch. 2258 of State of Texas with respect to the payment of prevailing wage rates, applicable city ordi- nances, and equal employment prac- tices. Bvidence of worker's com- pensation insur.mce coverage for the person's or entity's employees pro- viding ser.vices on the project will be required for the duration of the work. Upon notification of potential selections for award, the person or entity submitting the proposal must give notice to the District if the owner or operator of the business entity has been convicted of a felony (this requirement does not apply to a publicly held corpora- tion). A Pre-Submittal conference will be held a 2:00 PM, Tuesday, June 9, 1998, at the Wylie ISD Administra- tion Building, 951 S. Ballard Street, Wylie, Texas 75098. Attendance by the representative of each rum sub- mitting a proposal is strongly encouraged. Failure to be represent- ed at this meeting may eliminate a proposer from consideration for this project. Attendance at this meeting is one the consideration for contract award. l-lt-305 PUBLIC NOTICE Notice is hereby given that the City of Murphy Planning & Zoning Commission will hold a public hear- construction debris. Now therefore, be it ordained by the City Council of the City of Wylie, Texas, as follows: Section 1 Whenever work is being done that is authorized by a permit, and construction debris from that work is not confined to container or to a site on the property approved by the Building Official or his designee, and such construction debris poses a threat to public health, safety, and comfort so that it constitutes a nui- sance, the Building Official or this designee shall give a written notice and the contractor shall clean up the construction debris withing twenty- four (24) hours of receiving written notice of the violation. At the end of the twenty-four (24) hour period, the City shall re-inspect the site and may assess a re-inspec- tion fee. If at the time of such re- inspection, the construction debris is not confined at the site, the City may issue a stop work order. When a stop work order has been issued, a re-inspection fee shall be assessed. To obtain a re-inspection for removal of the stop work order, a request must be submitted therefore and.re-inspection tee, as set by the schedule shall be paid. Section 11 Any person violating the provi- sions of this ordinance or part here- of, commits an unlawful act and shall be subject to the general penal- ty provisions of the Wylie City code as set forth in the Section 1-9 (a)(1) thereof, as the same now exists or is hereafter amended. I-lt-339 V' ORDINANCE NO. 98-12 An Ordinance of the City of Wylie, Te?t-as, providing for the con- trol of construction debris; provid- ing 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 investigat- ed the problem of erosion siltation onto city street or alleys, drainage easements, storm drains and others properties; and; Whereas, the City Council of the City of Wylie, Texas upon full con- sideration of these matters has determined the desirability to pro- vide regulations for the control of erosion & siltation Ordinance 98-13 An Ordinance of the City of Wylie, Texas, amending the com- prehensive zoning ordinance of the City of Wylie, as heretofore amend- ed, so as to change the zoning on the hereinafter described property to R,Retail District Classification; pro- viding for the repeal of all ordi- nances in conflict; providing a sev- erability clause; and providing forf an effective date. Whereas, the Planning an Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of !be opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; Now, therefore be it ordained by the City Council of the City of Wylie, Texas. Section 1 That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be , and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of R, Retail District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2 That all ordinances of the City in conflict with the provisions of the City not in conflict with the provi- sions of this ordinance shall remain in full force and effect. Section 3 That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended hereJn by the granting of this zoning classifi- cation. l-lt-339 NOTICE OF PUBLIC HEARING Notice is hereby given that the