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Ordinance 2009-24 ORDINANCE NO. 2009 -24 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 2001 -48 OF THE CITY OF WYLIE, TEXAS, BY AMENDING ARTICLE 6 SECTION 6.3 DOWNTOWN HISTORIC DISTRICT (DTH) REGULATIONS AND TO THE OFFICIAL ZONING MAP AS IT RELATES TO DISTRICT BOUNDARIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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; 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 amend Zoning Ordinance No. 2001 -48, Article 6, Section 6.3 Downtown Historic District and the Official Zoning Map as it relates to district boundaries. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. 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, said property being described in Exhibit "A" (Figure 6 -1 Downtown Historic District Boundaries) attached hereto and made a part hereof for all purposes. SECTION 2: Amendment to Zoning Ordinance No. 2001 -48 The City of Wylie's Comprehensive Zoning Ordinance No. 2001 -48 Article 6, Section 6.3 Downtown Historic District Boundary is hereby amended to read as follows: SECTION 6.3 DOWNTOWN HISTORIC DISTRICT (DTH) B. District Boundaries 1. The Downtown Historic District (DTH) is generally bounded by State Highway 78 on the south, Birmingham Street on the west, the eastern property line of those lots facing west on Second Street, Brown Street to the north, and those properties north of Brown Street along Ballard Avenue facing east and continuing north to Tract 4 of the Samuel B. Shelby Abstract and approximately 100 feet of frontage of those lots facing west and Ordinance No. 2009 -24 Amending Zoning Ordinance No. 2001 -48, Article 6 Expanding Downtown Historic District continuing north parallel to Ballard Avenue and encompassing all of Block 1, Lot 5 of the Russell #01 Addition and Block 1, Tract 49 of the James Truett Abstract. SECTION 3: Savings /Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001 -48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, 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 remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severabilitv: 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 any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001 -48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). 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 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 8 day of September 2009. Eric Hogue, Mayor ATTEST: OF Wp Carole Ehrlich, Ci yy ecretary j 11 Date of publication in The Wylie News September 16, 2009 r 15 4111* thy 887 Ordinance No. 2009 -24 Amending Zoning Ordinance No. 2001 -48, Article 6 Expanding Downtown Historic District EXHIBIT "A" I. 1 1 t Y RSKY CT 1- Z QI I 1 @i WBROWN ST z TBROWN S 1 i FFERSON H r G i ST eV M n If W MAIBIE. E MAFS W N 4 W OAKST 1 w E OAK ST z 4 te N C! V H d 10T ST 7. MASTEF dim rain I tr J L S N U INDUSTRIAL C1 BUTLER ST E BUTT Figure 6 -1 Downtown Historic District Boundaries C8� Media, Inc. �l�e �farrnergbiCle �ime� Murphy Monitor The Princeton Herald The Sachse News THE WYLIE NEWS C STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher 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 of Wylie Ordinance No.2009-24, 2009-25, 2009-27, 2009-28, 2009-29 was published in said newspaper on the following dates, to-wit: September 16, 2009 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of 2009 to certify which witness my hand and seal of office. Notary Public n and for The State of Texas My commission expires ���6�,�� Y ��yy p Sonia A Duggan U C T� 7 2009 y MY Commission Expires osio2i2o,z OF Murphy/Sachse/Wylie Office 110 N. Ballard P.O. Box 369 Wylie, TX 75098 972-442-5515 fax 972-442-4318 Farmersville/Princeton Office •]Ol S. Main P.O. Box 512 Fumersville, 7'X 75442 972-784-b397 fax 972-782-7Q23 2 C September 16 17, 200y (?RAINANCE NO.2(109-24 AN ORDINANCE O� THE CITY O�' WYLIE, TEX2�S, AMENDING THE COMPREHENSIVE ZONIl`dG ORDI- NANCE NO. 2001=48 OF THE CTTY OF WYLIE, TEXA�; BY AMENDING ARTI- CLE 6 SE�TION 6.3 bOWNTOt�VN HIS- TORIC DISTRICT (DTH) REGULA- TIONS AND �'O THE OFFICIAL ZONING MAP AS IT RELA�TES TQ DIS`TRICT. BOUNDARIES; PRO- VIDING FOR T�-IE REP�AL OF ALL ORDINANCES Il� CONFi..ICT; PROVID- ING A SEV�RABILI- TY CLAUSE; AND PROVIDING FOR AN �FFECT�VE DATE.