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Ordinance 2002-34 ORDINANCE NO. JOD;} -3/ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 87-57, SECTION 2 (DEFINITIONS), SECTION 14(d) (IMPOUNDMENT OF ANIMALS RUNNING AT lARGE), AND SECTION 13(c) (BITES BY ANIMALS); PROVIDING FOR A PENALTY FOR THE VIOIATION OF TIllS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FORAN EFFECTIVE DATE OF TIllS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas (IICity Councilll) has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ('Wyliell) to amend Wylie Ordinance No. 87-57, Section 2 (Definitions), Section 14(d) (Impoundment of Animals Running at Large), and Section 13(c) (Bites by Animals), as provided herein; and WHEREAS, it is in the interest of the public health, safety and welfare that animals are controlled; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for this Ordinance have been performed and completed in the manner and form set forth by law. 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 of this Ordinance as iffully set forth herein. SECTION 2: AMENDMENT TO WYLIE ORDINANCE NO. 87-57. SECTION 2 (DEFINITIONS). Wylie Ordinance No. 87-57, Section 2 (Definitions) is hereby amended by replacing the definition of "wild animal" to read as,follows: ~ Wild Animal means any animal that is customarily considered dangerous, undomesticated or not normally born and raised in captivity, including, but not limited to the following Classes and Families of animals (specific animals are named as examples qfthe Class or Family, not as a complete list of the Class or Family): (a) Class Reptilia: (1) Family Helodermatidae (venomous lizards) and Family Hydrophiidae (Venomous Marine snakes); ANIMAL CONTROL ORDINANCE (AMENDING ORDINANCE NO. 87-57) B Page 1 (2) Family Viperidae (rattlesnakes, pit vipers and true vipers); (3) Family Elapidae (coral snakes, cobras, and mambas); (4) Family Columbridae-Dispholidus Typus (boomslang); (5) Bioga Dendrophilia (mangrove snake) and Kirklandii (twig snake only); and (6) Order Crocodilia (such as crocodiles and alligators); (b) Class Aves: Order Falconiforms (such as hawks, eagles, falcons and wltures); (c) Class Mammalia: Order Carnivores, (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Family Felidea (such as lions, tigers, bobcats, jaguars, leopards and cougars), except commonly domesticated cats; Family Canidae (such as wolves, dingos, coyotes, foxes and jackals) and any hybrid of an animal1isted in this section, except commonly domesticated Dogs; Family Mustelida (such as weasels, skunks, martins, minks, badgers and otters) except ferrets; Family Procyonidae (such as raccoons and coati); Family Ursidae (such as bears); Marsupialia (such as kangaroos, opossums, koala bears, wallabys, bandicoots, and wombats); Chiroperta (bats); Edentata (such as sloths, anteaters, and armadillo); " Probosidea (elephants); Primata (such as monkeys, chimpanzees, orangutans, and gorillas); Rodentia (such as beavers and porcupines); and Ungulata (such as antelope, deer, bison and camels); ANIMAL CONTROL ORDINANCE (AMENDING ORDINANCE NO. 87-57) B Page 2 (d) Class Amplu'bi: Poisonous frogs. Does not include non-poisonous reptiles or non-poisonous snakes. Wild animal does not include livestock, fowl or normal household pets, such as but not limited to Dogs, Cats, cockatiels, hamsters, guinea pigs, gerbils, rabbits, :fish or small, non-poisonous reptiles, or non-poisonous snakes. Wild animal includes any hybrid of an animal listed in this definition, unless certified for medical, biological, herpetological or other scientific research or study. This definition shall apply regardless of state or dura.tion of captivity. SECTION 3: AMENDMENT TO WYLIE ORDINANCE NO. 87-57. SECTION 14(d) (IMPOUNDMENT OF ANIMALS RUNNING AT LARGE). Wylie Ordinance No. 87-57, Section 14( d) (Impoundment of Animals Running at Large), is hereby amended to read as follows: ''(d) All impounded animals not redeemed within seven (7) days may be destroyed in a humane manner by a licensed veterinarian, or under his supervision; offer for adoption by the animal control officer for a period of one week; or transferred to an area humane society or approved animal sheher. The owner of any destroyed animal is respollSl'ble for and must pay for all veterinarian, medical and related charges prescn'bed in the fee schedule in appendix C to this Code within seven (7) days of being notified of the amount of such charges." SECTION 4: AMENDMENT TO WYLIE ORDINANCE NO. 87-57. SECTION 13(c) (BITES BY ANIMALS). Wylie Ordinance No. 87-57, Section 13(c)(BitesBy Animals), is hereby amended to read as follows: ''( c) The owner of the animal shall surrender the animal to the animal control officer immediately, or otherwise arrange for the animal control officer to pick up and retain such anima~ in a separate kennel at the animal sheher for the period of the quarantine. After the animal has been released from quarantine, the owner may redeem the animal from the animal sheher by payment of the fees for quarantine, impoundment and medical and veterinary expenses prescn'bed in the fee schedule in Appendix C of the Code. If the owner does not redeem the animal from the animal sheher, the owner is still responSl'ble for and must pay for all veterinarian, medical and related charges within seven (7) days o( being notified of the amount of such charges. " ~ SECTION 5: 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 fined a sum not exceeding TWO THOUSAND AND NO/I00 DOLlARS ($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 an legal rights and remedies available to it pursuant to loca~ state and federal law. SECTION 6: SavingsIRepealing Clause. Wylie Ordinance Nos. 87-57 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ANIMAL CONTROL ORDINANCE (AMENDING ORDINANCE NO. 87-57) B Page 3 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 ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any rem~ining portions of said ordinances shall remain in full force and effect. SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. 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 or invalid. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULYPA,AND AP(j.O:J!ID~YTVE CTIY COUNCIL OF THE CTIYOFWYLIE, TEXAS on this day Of~ 2002. JO ATTESTED TO AND CORRECTLY RECORDED BY: Date(s) ofPublicatiOl1: . " ANIMAL CONTROL ORDINANCE (AMENDING ORDINANCE NO. 87-57) B Page 4 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 tJd,~. c;<001--3<( was published in said newspaper on the following dates, to-wit: #}'1 r..Y-e4:- ~ , 2002, and , 2002. rm!: Subscribed and sworn to before me this the to certify which witness my hand and seal of office. ~ day of J.!{)vQ.~'Vlli...,--- , 2002, Notary Public in and for The State of Texas My Comntission Expires I ;;L-3c.. -GC Public Notices Engineering Conference Room. Representatives of Owner and Consulting Engineer will be present to discuss the Project. Bids will be received on a lump sum basis. Bid security in the amount of 5 percent of the Bidder's maximum bid must accom- pany each Bid. The Successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the faithful perfor- mance and the payment of all bills and obligations arising from the perfor- mance of the Contract. No Bid may be withdrawn 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 the be awarded, Owner will give the Successful Bidder a Notice Award within the number of days set forth in the Bid For. NORTH MUNICIPAL TEXAS WATER A public hearing will be held by and before the Sachse Economic Development Corporation of the City of Sachse, Texas on the 9th day of October, 2002 at 7:00 p.m. ill the City Council Chamber of City Hall of the City of Sachse, 5560 Highway 78, Sachse, Texas, for all persons inter- ested III the above 4B Project. At said time and place, all such persons JOHN MONDY, MAYOR shall have the right to ATTEST: appear and be heard. Of all BARBARA SALINAS said matters and things, all CITY SECRETARY .I persons interested in the'\.,... 19-1t-339/ AN ORDINANCE things and matters herein " AUTHORIZING THE mentioned, will take ORDINANCE NO. ISSUANCE OF "CITY OF notice. 19-1t-1370 2002-35 WYLIE, TEXAS, GEN- AN ORDINANCE ERAL OBLIGATION Public Notices DISTRICT By s/ Bobby Robinson Bobby Robinson President, Board of Directors 18-3t-235 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVE TO ALL INTER- EsTED PERSONS, THAT: The Sachse Economic Development Corporation proposes to initiate a 4B Project within the City of Sachse for the purpose of the purchase of 6 1/2 acres of land and improvements located at 5001 Ben Davis Road in Sachse, Texas for redevelopment and subse- quent sale or lease for commercial uses. , ORDINANCE NO. ~'V' 2002-34 ,1\1 l!ll AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF WYLIE, TEXAS, WATERWORKS AND SEWER SYSTEM REV- ENuE BONDS, SERIES 2002"; PLEDGING THE NET REVENUES OF THE CITY'S WATER- WORKS AND SEWER SYSTEM TO THE PAY- MENT OF THE PRINCI- PAL OF AND INTEREST ON SAID BONDS; ENACTING PROVI- SIONS INCIDENT AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY AND DELIV- ERy OF SAID BONDS, INCLUDING THE . APPROVAL AND EXE- CUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DIS- TRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of September 2002. Public Notices AUTHORIZING THE E lBSUANCE OF "CITY OF S WYLIE, TEXAS, TAX 1 NOTES, SERIES 2002"; ( SPECIFYING THE I TERMS AND FEATURES r OF SAID NOTES; LEVY- P ING A CONTINUING 1 DIRECT ANNUAL AD E VALOREM TAX FOR I THE PAYMENT OF SAID I NOTES; AND RESOLV- I ING OTHER MATTERS INCIDENT AND RELAT- ED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID NOTES, INCLUDING THE APPROVAL AND EXECUTION OF A PAY- 1NG AGENT/REGIS- TRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATE- MENT PERTAINING THERETO; AND PRO- VIDING AN EFFECTIVE DATE. PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of September 2002. JOHN MONDY, MAYOR ATTEST: BARBARA SALINAS CITY SECRETARY 19-1t-339 ORDINANCE NO. 2002-36