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Ordinance 2001-53 CITY OF WYLIE, TEXAS ORDINANCE NO. ~O{) I ~ 5F5 AN ORDINANCE OF THE CITY OF WYLJE, TEXAS, REPEALING ORDINANCE NOS. 93-19 AND 94-52; ADOPTING THE 1997 EDITIQN OF THE UNIFORM FIRE CODE; PRESCRIBING AMENDMENTS TO THE REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS AND EXPLOSION; PROVIDING FOR PROCEDURES AND REPAYMENT OF CLEAN UP EXPENSES IN HAZARDOUS MATERIALS SPILLS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance Nos. 93-19 and 94-52; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 1997 Edition of the Uniform Fire Code, save and except the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body ofthis Ordinance as if fully set forth herein. SECTION 2: Ordinance Nos. 93-19 and 94-52 Repealed. Wylie Ordinance Nos. 93-19 and 94-52 are hereby repealed. Such repeal shall not al:>ate any pending prosecution for violation of the repealed Ordinance Nos. 93-19 and/or 94-52, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance Nos. 93-19 and/or 94-52. SECTION 3: Adoption ofthe 1997 Uniform Fire Code. The Uniform Fire Code, copyrighted by the International Fire Code Institute, save and except the amendments set forth below, is hereby adopted as the fire code for Wylie, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion in Wylie (the "1997 Uniform Fire Code"). The 1997 Uniform Fire Code, save and except the amendments set forth herein, is made a part of this Ordinance as if fully set forth herein. Three (3) copies of the 1997 ORDINANCE ADOPTING THE 1997 UNIFORM FIRE CODE - Page 1 C:\WINDOWS\TEMP\Ordinance Adopting 1997 Uni Fire Code. doc Uniform Fire Code, copyrighted by the International F~re Code Institute, are on file in the office of the City Secretary of Wylie being marked and designated as the 1997 Uniform Fire Code. SECTION 4: Amendment to the 1997 Uniform Fire Code. The 1997 Uniform Fire Code is hereby amended to add the following Sec. 8001.5.2A: (a) The City of Wylie is authorized to clean up, abate or mitigate the effects of any hazardous material deposited upon or into any property or facilities within the limits of the City of Wylie. Any person causing deposit or failing to provide cleanup, abatement or proper mitigation of such deposits shall be liable for the payment of all costs incurred by the City of Wylie as a result of such cleanup, abatement or mitigation activity. The remedy provided by this section shall be in addition to any other remedies provided by law. (b) For the purpose of this section the term "hazardous material" means material which, due to its concentration, quantity or chemical or physical properties may cause or significantly contribute to an increase in mortality, or to an increase in serious, irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human he(lhh or the environment when improperly managed. Hazardous material inch...des, but is not limited to, hazardous substances, hazardous wastes and any materials which a licensed handler or the police or fire chief or their authorized representatives reasonably believe would be injurious to the health and safety of persons or harmful to the environment or property if released into the workplace or environment. (c) For the purposes of this section, costs incurred by the City of Wylie shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including, without limitation, workers' compensation benefits, fringe benefits, administrative overhead; costs of equipment operation; costs of materials obtained directly by the City of Wylie; and cost of any contract labor and materials. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed Jrdinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/lOO DOLLARS ORDINANCE ADOPTING THE 1997 UNIFORM FIRE CODE - Page 2 C:\WINDOWS\TEMP\Ordinance Adopting 1997 Uni Fire Code. doc ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this II day of ~) , 200~. ATTESTED AND CORRECTLY RECORDED: Date(s) of Publication: H1 \b' J f}C()~ , in the ":Y~~ ~ ORDINANCE ADOPTING THE 1997 UNIFORM FIRE CODE - Page 3 C:\WINDOWS\TEMP\Ordinance Adopting 1997 Uni Fire Code. doc ::U>Ol- 58 THE WYLIE NEWS Covering Wylie, Sachse, Murphy ami 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 was published in aid newspaper on the following dates, to-wit: ~DQ f\\A~ LS , 2002, and , 2002. ~Ck Subscribed and sworn to before me this the '3 r d day of to certify which witness my hand and seal of office. .- .)~ , 2002, KIMBERLY A. FRENCH Notary Public State Of Texas My Comm. Exp. 04-25-06 ~~lD.~ cUru-nC' k Notary Public in and for The State of Texas My Commission Expires m I'~ CS ! O~ Public Notices within a period of 60 days after the date fixed for opening Bids. Owner reserves the right to reject any or all Bids, including without limita- tion the rights to reject any or all nonconforming, non- responsive, unbalanced, or conditional Bids, and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of Owner to make an award to that Bidder. Owner also reserves the right to waive informalities. If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within the number of days set forth in the Bid Form. NORTH MUNICIPAL DISTRICT TEXAS WATER 6:25 pm, city ord., Donna Dr.! N. Kreymer Ln.; 6:32 pm, mva I, S. Ballard Ave.! S. Hwy. 78; 8:07 pm, susp. person, 300 blk S. First St.; 8:17 pm, city ord., 600 bl Pamela Ave.; 8:43 pm, crim., 300 blk S. First St.; 10:26 am, meet comp., 100 blk J R Ave.; 10:44 pm, mva 2, WPD; 11 :59 pm, city ord., 200 blk Martin Dr. Sunday 5/5/02 - 12:38 am, DWI, 400 blk S. Hwy. 78; 1: 11 am, disturb., 100 blk S. Rolling Meadow Dr.; 10: 19 am, alarm, 700 blk S. Hwy. 78; 11 :55 am, bmv, 200 blk Piccadilly Cir.; 12:09 pm, alarm, 1200 blk Quail Meadow Dr.; 12:28 Wednesday, May 15, 2002 - THE WYLIE NEWS - Section B - Page 9 TIONS HAZARDOUS TO LIFE AND PROPER- TY FROM FIRE, HAZ- ARDOUS MATERIALS AND EXPLOSION; PROVIDING FOR PRO- CEDURES AND REPAY- MENT OF CLEAN UP EXPENSES IN HAZ- ARDOUS MATERIALS SPILLS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; Garry Adams PROVIDING FOR Community Development REPEALING, SAVINGS l;>irector 51-lt-1370 AND SEVERABILITY r ORDINANCE NO. I CLAUSES; PROVIDING 2001-53 . FOR AN EFFECTIVE AN ORDINANCE OF DATE OF THIS ORDI- THE CITY OF WYLIE, NANCE AND PROVID- TEXAS, REPEALING ING FOR THE PUBLI- ORDINANCE NOS. 93- CATION OF THE CAP- 19 AND 94-52; ADOPT- TION HEREOF. ING THE 1997 EDITION Mayor John Mondy OF THE UNIFORM FIRE ATTEST: CODE; PRESCRIBING Barbara A Salinas AMENDMENTS TO City Secretary THE REGULATIONS k 51-It-3d GOVERNING COND!- Public Notices By sf Larry Parks President, Board of Directors 51-3t-235 NOTICE OF PUBLIC HEARING The Planning & Zoning Commission of the City of Sachse will meet on Monday, June 10, 2002 at 7:00 p.m. at the Sachse City Hall, 5560 Hwy. 78, to conduct a Public Hearing for: A request from Advantage Self-Storage for rezoning from C2 (General Commercial), to P.D. (Planned Development) in order to build and operate a Self Storage Facility, at approximately the 5000 Block of State Hwy. 78, further described as Lot 8, & part of Lot 11, Block A, in the Oak Grove Plaza, in the City of Sachse, Dallas County. pm, city ord., Old Knoll Dr.! N. Kreymer Ln.; 5:27 pm, park viol., 2500 blk W. FM 544; 5:36 pm, hang up, 400 blk Kamber Ln.; 6:27 pm, meet comp., Regency Dr.; 8:46 pm, runaway, 1600 blk Kennedy Dr.; 8:50 pm, veh., 2500 blk Meadowlark Cir. Thesday 5/7/02 - 12:33 am, mutual, 300 blk Eve St.; 1 :02 am, alarm, 900 blk W. FM 544; 1 :40 am, susp. veh., 3500 blk Catalpa Dr.; 5:45 am, hang up, 500 blk E. Brown St.; 7:40 pm, alarm, 900 blk S. Ballard Ave.; 7:52 pm, juv. prob., 400 blk Fleming St.; 9:24 pm, dis- turb., 2800 blk W. FM 544; 10:27 pm. gas leak. S. Hwv. Public Notices The City Council of the City of Sachse will meet on Monday, June 17, 2002 at 7:30 p.m. at Sachse City Hall to conduct a Public Hearing and Consider action for the same refer- enced matter. The public is invited to attend and make com- ments. ord., 200 blk Trenton Dr.; 8:20 am, traf. cont., 1500 blk Park Blvd.; 8:19 am, theft, Decker Ct.; lOam, meet comp., 900 blk Mardi Gras Ln.; 10:05 am, alarm, 300 blk S. First St.; 10:37 am, motorist, N. Hwy. 78/ Skyview Ln.; 11: 13 am, theft, 200 blk Lakefront Dr.; 1 :20 pm, misc., Glen Knoll MHP; 1:44 pm, uumv, 1000 blk Srd., 600 blk W. Browllo St.; 3:51 pm, theft, WPD; 4:42 pm, meet comp., 1000 blk S. Hwy. 78; 5:21 pm, reckless, N. Ballard Ave.! Paul Wilson Rd.; 5:35 pm, mva 1, 700 blk S. Hwy. 78; 5:52 pm, welfare, E. Marble St./ N. Hwv. 78: 7:39 pm. Public Notices am, misc., 300 blk S. First St.; 9:11 am, alarm, 200 blk N. Westgate Way; 9:58 am, missing, WPD; 11 :21 am, reckless, WPD; 11:43 am, alarm, 700 blk Westwind Way; 2:45 pm, welfare, 900 blk S. Westgate Way; 3:03 pm, mva 2, W. FM 544/ S. Westgate Way; 3:22 pm, motorist, W. FM 544/ N. Country Club Rd.; 3:35 pm, mva 3, Hwy. 205/ Hwy. 78; 3:40 pm, tire alarm, 1 ]00 blk McCreary Rd.; 4:03 pm, theft, 900 blk Mardi Gras Ln.; 4:22 pm, hit and run, 600 blk Valentine Ln.; 5:38 pm, alarm, Regency Dr.; 5:58 pm, theft ip, 100 blk N. Rolling Meadow Dr.; 6:28