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Ordinance 2009-13 ORDINANCE NO. 2009-13 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING ORDINANCE NO. 2004 -01 (PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION OR PAYMENT OF CASH IN LIEU THEREOF), SECTION 8 (APPENDIX C FEE SCHEDULE, SECTION 15, PARKLAND DEDICATION FEES); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas has investigated and determined that it is beneficial and in the best interests of the citizens of Wylie to amend Section 8 (Appendix C Fee Schedule, Section 15, Parkland Dedication Fees) of Ordinance No. 2004 -01 as set forth herein. 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 if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2004 -01 (Providing Requirements for Park Land Dedication or Payment of Cash in Lieu Thereof), Section 8 (Appendix C Fee Schedule, Section 15.00, Parkland Dedication Fees). Wylie Ordinance No. 2004 -01 (Providing Requirements for Park Land Dedication or Payment of Cash in Lieu Thereof), Section 8 (Appendix C Fee Schedule, Section 15.00, Parkland Dedication Fees) is hereby amended to read as follows: "...When the dedication requirement is met by a payment of cash, in lieu of dedication of land, at a per acre price set from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located, unless changed by the city council, such per acres price shall be computed as follows: Five (5) or more single family dwelling units per acre $1,500 per lot Three (3) or four (4) single family dwelling units per acre $2,000 per lot One (1) or two (2) single family dwelling units per acre $3,000 per lot Individual multi family (apartment) dwelling unit $800 per dwelling unit SECTION 3: Savings/Repealing Clause. All provisions of Wylie Ordinance No. 2004 -01 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal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 Ordinance No. 2009 -13 Amending Park Fees 540738 -1 occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: 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 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 28 day of April, 2009. Eric Hogue, a ATTEST: ��4 Of 'irk Caro e Ehrlich, Ci y ecretary e 10,1 ginaltabe- Date to be published in The Wylie News May 6, 2009 or Ordinance No. 2009 -13 Amending Park Fees 540738 -1 GELS Media, Inc. T he farmensbille Tinte5 Murphv Monitor The Princeton Herald The Sachse News THE WYLIE NEWS STATE OF TEXAS l 1 COUNTY OF COLLIN I Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of Wylie News newspapers 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 -11, 2009 -12, 2009 -13 was published in said newspaper on the following dates, to -wit: May 6, 2009 1 Chad Engbrock, Publisher ILL Subscribed and sworn before me on this, the C day of L- 2009 to certify which witness my hand and seal of office. Notary Publi 1 and for The State of Texas My commission expires //,91��- VA Cam• Sonia A Duggan v*,, ej MY Commission Expires r 09/02/2012 'Fp`F{fc Murphy /Sachse/Wylie Office 110 N. Ballard P.O. Box 369 Wylie. TX 75098 972 -442 -5515 fax 972 442 -4318 Farmersville /Princeton Office 101 S. Main P.O. Box 512 Farmersville. TX 75442.972- 784 -6397 fax 972 782 -7023 3B May 6 7, 2009 1. 2009 -13 CH OF THE CITY. OF WYLIE TEXAS; AMENDING ORDI- NANCE NO. 2004- 01 (PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION OR PAYMENT OF CASH IN LIEU THEREOF), SEC- TION 8 (APPENDIX C FEE SCHED- ULE, SECTION 15, PARKLAND DEDI- CATION FEES); PROVIDING FOR REPEALING, SAV- INGS AND SEVER ABILITY CLAUS- ES; PROVIDING FOR AN EFFEC- TIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLI CATION OF THE CAPTION OF THIS ORDINANCE. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary 51 -1t- 339 -1421i