Loading...
Ordinance 2006-73ORDINANCE NO. 2006-73 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 2, SECTION 2.2, PARAGRAPH B OF THE ZONING ORDINANCE ADOPTED AS ORDINANCE NO. 2001-48 AND INCORPORATED AS APPENDIX A OF THE WYLIE CODE OF ORDINANCES, AS AMENDED; 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 Article 2, Section 2.2, Paragraph B of the City of Wylie, Texas ("Wylie") Comprehensive Zoning Ordinance No. 2001-48 incorporated as Appendix A of the Wylie Code of Ordinances ("Code"), as amended, should be amended; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance No. 2001-48 and Appendix A of the Code as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: 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 Wylie's Comprehensive Zoning Ordinance No. 2001-48, Article 2 (Districts and Zoning District Maps) Section 2 2 (Zoning District Map), Paragraph B. Article 2 (Districts and Zoning District Maps), Section 2.2 (Zoning District Map), Paragraph B Ordinance No. 2006-73 Ordinance Amending the Zoning Ordinance Page 1 461693.v1 of Wylie's Comprehensive Zoning Ordinance No. 2001-48, which is incorporated as Appendix A of the Code, as amended, is hereby amended to read as follows: B. Amendments to Zoning District Map and District Boundaries No change to the official Zoning District Map and zoning district boundaries shall be authorized without the approval of a zoning application. The application shall be processed in accordance with the requirements of Article 8-Development Review Procedures, of this Zoning Ordinance, as amended. No change to the official Zoning District Map and zoning district boundaries shall be authorized or become effective without final action of the Council or a court of competent jurisdiction. No application for zoning shall be accepted for filing unless annexation of the property for which the zoning is sought has been completed. 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: 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 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 Two Thousand Dollars ($2,000.00). Each continuing day's violation under Ordinance No. 2006-73 Ordinance Amending the Zoning Ordinance Page 2 461693.v1 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 on thisl2th day of December, 2006. John M ndy ayor ATTESTED TO AND : Gam: • • •'~~ CORRECTLY REC ED BY:_ ~ y ,* ~. ,~ ~•. Carole Ehrlich, 'ty Secretary ''''~''~.,;~iE, TE~`P~~~`\~e '~0~'!!1l1P11d~` Date of publication in The W~ie News -December 20, 2006 Ordinance No. 2006-73 Ordinance Amending the Zoning Ordinance Page 3 461693.v1 C8S Media, Inc. ~~G~je ~armergbi[le ~titne~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS ' U STATE OF TEXAS a y~~ 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 Ordinances Numbers 2006-71, 2006-73 and 2006-74 was published in said newspaper on the following dates, to-wit: December 20, 200 Chad Engbrock, Publisher Subscribed and sworn before me on this, the oS h day of s~ t~~~, 2006 to certify which witness my hand and seal of office. U ~,RY.~e. MARV swnNK N tary Public in and for ~ Notary Public, State of Texas My Commission Expires The State of Texas ~~~~1FOi~E~~~` September 22, 2010 ~ ~~1111~~~ My commission expires Q ~ ~ ~ a`~. , ~ DEC ~ ~ ~0 ~6 ~E~~, ~ _ ~ ~ . ~ Murphy/Sachse/Wylie Office • I 10 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 • Faimersville, TX 75442 • 972-784-C397 • fa~c 972-782-7023 ORDINANCE NO. 2006-73 AN ORDIN~NCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 2, SECTION 2.2, PARAGRRPH B OF THE ZONING ORDI- NANCE ADOPTED AS ORDIKANCE NO. 2(}01- 48 AND INCORPORAT- ED" AS APPENDIX A OF THE WYLIE CODE OF URDINANCES, AS AMENDED; PROVID- ING FOR A PENALTY FQR THE VIOLATIUN OF THIS ORDWANCE; PROVIDING FOR REPEALING, SAVING.si AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE ~ DATE OF THIS ORDI- NANCE; AND PROVID- ING ~OR THE PUBLI- CATION OF THE CAP- TION HERSOF. _ _