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Ordinance 2001-35 ORDINANCE No.~OOI- ~ 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, ZONING CASE NUMBER 2001-08, TO R, RETAIL DISTRICT CLASSIFICATION; 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 ofthe 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 ofR, 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 ofthe City of Wylie, Texas, this day of , 2001. By John ATTEST: Barbara ( C i.. Exhibit "A" Property Description ZC #2001-08 Being 1.263 acres ofland situated in the S.B. Shelby Survey, Abstract No. 820 and being Lots 2, 3, 4, 5 and 6 and part of Lot 1, Block 5 of the Calloway addition and being certain tracts ofland conveyed to Wylie Independent School District recorded in Volume 337, Page 21, Volume 337, Page 19, Volume 335, Page 118, Volume 333, Page 160, Volume 337, Page 17 and the remainder ofa tract ofland recorded in Volume 333, page 48 and being more particularly described by metes and bounds as follows: Beginning at a l/2 inch iron rod found in the east line of Williams street (a 40 foot right-of-way) at the Southwest corner of the Dobbs Addition as recorded in Cabinet B, Page 268; THENCE, North 89022'00" East, along the south line of said Dobbs Addition, Richard Parker tract recorded in Volume 93-0087359, and American National Bank of Terrell tract recorded in Volume 93-0077335, for a distance of 409.01 feet to a V2 inch iron rod found in the west line of Birmingham Street (a 70 foot right-of-way); THENCE, South 01002' 44" West, along the west line of Birmingham Street, a distance of 135.06 feet to an 'x' cut set for corner; THENCE, South 89022'00" West, along the north line of Williams Street, a distance of 406.00 feet to a V2 inch iron rod found for corner; THENCE, North 00013'52" West, along the east line of Williams Street, a distance of 135.00 feet to the Point of Beginning and containing 55,014 square feet which is 1.263 acres ofland. l'IIE WYLIE NEWS c.;~;;:;r.;iWyi~r.;:-ft~~;i-ii,e SlIttllllll;u.;g;.:;;; 110 N. Ilallard Sl. PI) Ilo"< _'(i9 Wylie. TCXl1S 75119R (912) 442-5515 Fnx (972) 442-4~ I R STATE OF TEXAS COUNTY OF COLLIN Befol'e me, the undersigned authority, 011 this day personally appeared Chad Engbrock, of TUE WYLII~ NEWS, n nen'spaper regularly published In Colli II County, Texas alld having general clrculatlol1 In Collin Count)', Texas, who being by me duly sworD deposed and says that the foregoing attached 58/ b PulJ\ '-c nOJ1Lt:- J ord . nas published In said newspaper 011 the following dates, to-wit: d-OOI -- 35 ,...J...., W-Lj. "l:A , 200t ~ and , 200t . ~ Chad Engbrock Suhscl"lbed nnd sworn to before me this the 1+h to eel'flr), which witness my band and seal of office. day of ~. Od-- , 200 r , My Commission Expires ~ C8p~J-( 1 nursuay, ::,eptemDer u, 2001, for the construction of the following project: High Service Pump Station 3-1 (Project No. WCF 00-07) At this time and place the proposals will be publicly opened and read aloud. Any bid received after closing time will be returned unopened. Specifications are on file and may be examined without charge in the office of the North Texas Municipal Water District, 505 E. Brown Street, P.O. Box 2408, Wylie, Texas 75098, telephone 972- 442-5405, and the offices of Freese and Nichols, Inc., Consulting Engineers, 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895, telephone 817-735-7300. Specifications may be pro- cured from Freese and Nichols, Inc., at the above address as follows: Full Size Documents $75.00 per set Half Size Documents $50.00 per set Geotechnical Report $10,00 per copy The cost of Contract Documents is not refund- able. Submit check, cashier check or money order for payment. Cash will not be accepted. This project includes con- struction of pump station building, buried piping and valves. installation of three owner preselected vertical centrifugal pump- ing units and ten pump barrels, installation of owner preselected suction piping and valves, pump discharge piping and llcauon rCljUlrcmClllS. Please publish once, as it appears, Thank you. Should you have any ques- tions or concerns, please contact 442-8103 immedi- ately. ORDINANCE NO. 2001-35 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPER- TY, ZONING CASE NUMBER 2001-08, TO R, RETAIL DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES IN CONFLICT; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2001. JOHN MONDY, MAYOR ATTEST: BARBARA SALINAS, \ CITY SECRETARY 13-lt-339 NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN AIR QUALITY STANDARD PERMIT REGISTRATION PROPOSED AIR QUAL- ITY PERMIT NO. 48621 APPLICATION Bar Construction Inc., P.O. Box 10, Lancaster, Texas 75146, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for an Air l'UUI..~I.I.c.u. r\.~ \.1...-.1 \.U1...- "-J-O...d..4.OU line for public comments, the executive director will prepare a response to all relevant and material or significant public com- ments. The purpose of a public meeting is to provide the opportunity to submit comments or ask ques- tions about the applica- tion. A public meeting about the application will be held if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legis- lator. A public meeting is not a contested case hear- mg. If only comments are received on the applica- tion, the response to com- ments, along with notice of the executive director's action on the application, will be mailed to everyone who submitted comments or is on the mailing list for this application. If a hearing request is timely filed, the executive director will complete the technical review, issue a preliminary decision on the application, and a Notice of the Application and Preliminary Decision will be published and mailed to those who are on the mailing list for this application. That notice will contain the final dead- line for submitting public comments. After the final deadline for puhlic comments fol- lowing any required Notice of Application and Preliminary Decision, the executive director will consider the comments and prepare a response to all relevant ....a~c u~on. .I..U!;, J uu U.lU~( submit the following: (1) your name (or for a group or association. an official representative), mailing address, daytimt phone number, and fa, numher, if any; (2) appli cant's name and permi number; (3) the state ment "[I/we] request l contested case hearing;' (4) a specific descriptiOl of how you would b adversely affected by th application and air emis sions from the facility il a way not common to th general public; (5) th location and distance ( your property relative t the facility; and (6) description of how yo use the property whic may be impacted by t~ facility. If the request made by a group or aSS4 ciation, the one or mOl members who ha, standing to request hearing, and the inte ests which the group 4 association seek to pr tect, must also be idenl fied. Requests for a co tested case hearing mu be submitted in writiJ within 15 days followiJ this notice to the om of the Chief Clerk, at t' address below. If a hearing request timely filed, additiOl notice will be providl Following the close of applicable comment a request periods, the exel tive director will forw: the application and 8 requests for contested c hearing to the TNRI Commissioners for t~ consideration at a sch uled Commission meeti If a hearing is granted. subject of a hearing will limited to disputed iss of fact relating to rele\ and material air qua concerns raised during CLASSIFIED ADVERTISEMENT - CLASSIFIED ADVERTISEMENT - CLASSIFI