Ordinance 2007-21 ORDINANCE NO. 2007-21
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ARTICLE II, BY ADDING SECTION 2.12, OF THE SUBDIVISION
REGULATION ORDINANCE NO. 2003-03, WHICH IS INCORPORATED
AS APPENDIX A OF THE WYLIE CODE OF ORDINANCES, AS
AMENDED, TO PROVIDE REGULATIONS REGARDING THE
ABANDONMENT OF RIGHT-OF-WAY; 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 amend Article II, by adding Section 2.12, of the Subdivision
Regulation Ordinance No. 2003-03, as amended, to provide regulations regarding the
abandonment of right-of-way, 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 in the best interest of the citizens of Wylie to
amend Article II, by adding Section 2.12, of the Subdivision Regulation Ordinance No. 2003-03,
as amended, to provide regulations regarding the abandorunent of right-of-way, should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXA5:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
Ordinance No. 2007-21
Amending Article II
Adding Section 2.12
Abandonment of Right of Way
SECTION 2: Amendment to Article II bv addin~ Section 2.12, of the Subdivision
Re~ulations Ordinance No 2003-03 as amended to provide re~ulations re~ardin~ the
abandonment of ri~Lht-of-wav. Amendment to Article II, adding Section 2.12, of the Subdivision
Regulations Ordinance No. 2003-03, as amended, to provide regulations regarding the
abandonment of right-of-way, is hereby added to read as follows:
Section 2.12: Abandonment of Right-of-Way
1. Abandonment of right-of-way may be applied for under the following conditions:
a. The request shall be initiated by an abutting property owner of the right-
of-way to be abandoned.
b. All property owners abutting such right-of.-way shall be notified by the
applicant of such request by certified letter. A written response from each
abutting property owner must be received by the City prior to staff
review.
c. All public utilities that have an easement or facilities in the right-of-way
that is the subject of the request must consent in writing to the
abandonment. If it is determined following review of the application by
city staff that ongoing utility interests be protected through easement
dedications, the applicant or his authorized agent shall be required to
develop and submit a plat dedicating such easements.
d. A summary of how the city acquired the right-of-way to be abandoned
shall be included with the documentation provided by the applicant.
e. A certified appraisal of the value of the land to be abandoned shall be
submitted to the city by the applicant. The City Council may waive the
requirement for an appraisal if Council deems that it is in the best interest
of the City and if allowed by law.
f. An explanation which identifies why the proposed use of the land to be
abandoned is of more benefit to the community under private ownership
than retention of the land as public right-of-way shall be provided by the
applicant.
g. All property owners abutting such right-of-way must execute a release of
claims agreement, and indemnify the City of Wylie against all suits, costs,
expenses, and damages that may arise or grow out of such abandonment,
which agreement shall be provided by the City of Wylie.
h. When the required documents, including those sent to public agencies and
abutting property owners, along with a cashier's check in the amount of
the fair market value has been presented to the Planning Department, a
Staff Report will be prepared and then attached to the ordinance for
placement on an upcoming Council agenda. The party requesting the
abandonment shall be sent advance written notice of the date, time and
place that said request will be heard by the City Council.
Ordinance No. 2007-21
Amending Article II
Adding Section 2.12
Abandonment of Right of Way
i. A plat or replat shall be submitted to the City combining the abandoned
right-of-way into the adjacent platted lots. Such plat or replat shall be
submitted to the city within six (6) months of City Council approval or the
approval of the abandonment shall expire and be automatically revoked.
Abandonment of right-of-way shall not be considered complete until such
plat or replat has been prepared in accordance with this ordinance, and
approved by the Planning and Zoning Commission, and filed with the
appropriate county.
2. Procedure:
Formal application far right-of-way abandonment shall be made by the applicant
submitting to the Planning Department an application and all required
documentation stating reason for abandonment and a description of the land. The
City Council shall have the final authority to approve or deny an abandonment
request. Applications shall be obtained from the Planning Department.
A cashier's check for the fair market value of the right-of-way shall be submitted
along with the completed application for abandonment. In the event abandonment
is not granted by City Council, the funds provided will be fully refunded to the
purchaser(s).
The applicant shall have six (6) months from the date of City Council approval of
the abandonment to submit and file a plat or replat with the county to incorporate
the abandoned right-of-way into the adjacent platted lot(s). No permits shall be
issued without a filed plat. The approval shall expire on the last day of the six-
month period if all steps are not completed. Reapproval of an abandonment by
the City Council may be applied for at any time subsequent to the date such
abandonment becomes invalid by following the procedures set forth herein. If the
Director of Planning or City Council should deem changes necessary in the
reapproval of an abandonment in light of new or significant information or
requirements, it shall so inform the applicant.
3. Content:
The plat or replat shall be in accordance with the requirements of this Subdivision
Ordinance and a note identifying what is being abandoned shall be shown on the
plat or replat.
4. Abandonment of Fire Lanes:
a. In instances where fire lanes are depicted on a plat of record, the owner of
the property may submit request for a certificate of abandonment to
Ordinance No. 2007-21
Amending Article II
Adding Section 2.12
Abandonment of Right of Way
remove the fire lane from the plat. The request shall be submitted to the
Director of Planning in the manner prescribed by the Director.
b. The request shall include an accurate diagram of the proposed
abandonment and reference the exact name of the plat, including volume
and page number where the plat was recorded. The request shall be
forwarded to the City Council for consideration.
c. Notwithstanding any action regarding the certificate of abandonment of
a platted fire lane, fire lanes shall be provided in accordance with the City
of Wylie Fire Code.
d. The certificate of abandonment for a fire lane shall expire if it is not filed
with the appropriate county clerk within six (6) months from the date of
approval.
SECTION 3: Savin~s/Re~ealing Clause: Wylie's Subdivision Regulation Ordinance No.
2003-03, 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: Penaltv Provision: Any person, firm, corporation or entity violating this
Ordinance or any provision of Wylie's Subdivision Regulation Ordinance No. 2003-03, 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
this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance No. 2007-21
Amending Article II
Addmg Section 2.12
Abandonment of Right of Way
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 this lOth day of July, 2007.
1
~ ,
r
John M dy, Ma r
```~~~~~iiia~ri~~~~`
ATTESTED TO AND ~ ~,o ~'~'y
.
CORRECTLY RECORDED BY: °~G~~ ' • . -
' ~ -
. ' ~ r ~ _
_
= ;
. ; o: ~
~
Carole Ehrlich City Secretary ~••......o•'''`P . ~
ri Ei i i ~
APPROVED AS TO FORM:
tJ~
Abernathy, Roe er, Boyd & Joplin, P.C.
Julie Y. Fort
City Attorneys
Date of publication in The Wvlie News - Julv 18, 2007
Ordinance No. 2007-21
Amending Article II
Adding Section 2.12
Abandonment of Right of Way
; C8S M~dia, Inc.
•'~I~c ~farmrr5bille ~GimeS • vlui-~~hy Nlonitor • The Princeton Herald • The Sachse News •'I'lll; A~YLIE:VI~.~1~~
RECEIVED
STATE OF TEXAS ~ AUG 1 2007
COUNTY OF COLLIN FINANC~ ,
~1~3
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 Number 2007-20, 2007-21 and 2007-22
was published in said newspaper on the following dates, to-wit: July 18, 2007
Chad Engbrock, Publisher
+ h
Subscribed and sworn before me on this, the ~ day of , 2007
to certify which witness my hand and seal of office.
. ~~~u,~c~/r~~
RV SWANK Sexas
;,,yP~e,,, MPubp~:5tateof ~res Notary Public in and for
;~~P~ : N~MV ~0m qe~ 22, 2p10
_ $eP~em The State of Texas
- ~
~
My commission e~pires " a~-~~ t~
Mw-phy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-551~ • fax 972-4~3-~ ~ 18
Farmersvi lle/Princeton Office •]Ol S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-G397 • f~ix 972-782-7023
Page 4- Section C- C~S MEDIA PUBLICATIUNS - July 18 - 19, 2007
AM~I~~ED, "1~ gg~' ORDINANCE N4. WHICH SUCH FRAN-
~ yIDE P~'
.~I7'(~S 2il~t}3-03, WHI~H ~ IS CHTS~~~ SHAL3~ BE
TQ APPL~ C~l[R~tEl'~T INCORPORATED AS EXERCISEb; PROVID-
REt3~ULAT~ItY SYS- A~!'PE~ikJ~X A~:O~ TI~ IP~TG FOR ADEQUAT~
TEMS TO PRQ,IECTS '~(~E OP, C~MF~NSATIt3N TO
TO THE EXTENT REP?- F~R~k~1+TA~iCES,,. !~5 ~E PAID,TO THE`CTTY;
SONABLY P06SIBLE T~ PRO-.! PRESCRIBING ' THE:
~ND WITI3IN THE REGULATTO~tS T~1t1VIS ~F THE FRAN=
, ,
CONFINES OF THE ~~p~rjlNG „ TI~E ~~II~E;, PROVIDINC~
LAW AND TO DO ALL p~~~j~p~~N"f ~?F ~O~t S.R4'VYNG,
THINGS REASONAI~LY (Qg_~y; PRO- REPEAI:ING'r . AAiD
POSSIBLE TO PRO- VIDING FOR A S E V E R A B I L I T Y
TECT THE HLALTH, pENALTY FOR THE CLAUSES; PROVID-
SAFETY AND WEL- VIOLATION OF THIS ING FOR AN EFFEC-
FARE OF THE PUBLIC; ORDINANCE; PRO- TIVE DATE OF THIS
PROVIDING FOR A VIDING FOR REPEAL- ORDINANCE AND
PENALTY FOR THE ING, SAVINGS AND PROVIDING FOR THE
VIOLATION OF THIS S E V E R A B I L I T Y PUBLICATION OF THE
ORDINANCE; PROVID- CLAUSES; PROVID- CAPTi.ON` "`HBR~~F.
ING FOR REPEpLiNG, ~G FOR AN EFFEC- -
SAVINGS AND SEVER-- TIVE DATE OF THIS IN ACCORDA~CE
ABILITY CLAUSES; ORDINANCE; AND WITH THE CHARTER
PROVIDING FOR AN pROVIDING FOR THE OF THE CITY; THIS
EFFECT~VE DRTE OF pUBLICATION OF THE ORDINANCE SHALL
THIS ~RDINANCE; CAPT'ION HEREOF. BECOME< EFFECTIVE
AND P1'~OV~D~1G FOR ON AUGUST 10, 2007.
~Il' 'ANCE 1"~ PUBLYCATIOI~T OF ORDINANCE
NO. 2047-20 ~APTION HERE- NO. 2007-22 John'Mondy, Mayor
OF. ATTEST:
AN ORDINANCE OF AN ORDINANCE OF Carole Ehrlich,
THE CITY OF WYLIE, ORDINANCE THE CITY OF WYLIE, City Secretary"
TEXAS, AMENDING N0: 2007-21 TEXAS GRANTING TO ,~-~.t-~39-~391i
ARTICLE 9 (NdNCON- FARMERS ELECTRIC
FORMING USES AND AN ORDINANCE OF COOPERATIVE, INC„
STRUCTURES) OF THE THE CITY OF WYLIE, ITS SUCCESSOR AI~D
C O M P R E H E N S I V E, TEXAS, AMENDING ASSIGNS THE FRAN-
ZONII~iG ORDINANCE ARTICLE II,. BY CHISE AND ~2IGHTS
N0. 2001-48, WHICH IS ADDING SECTION TO CONDUCT THE
INCORPORATED AS 2,12, QF THE SUBDIVI- BUSINESS O~
APPENDIX' A OF THE ~ SION REGU~.AT~(aN E}CQUIRING, MAIN-
WYLIE CODE OF T A I N I N G,
uEQI~DINANG~S,~ ~~S ~onhie~ p~uge S INSTALLING AND
~
UPERATING AN ELEC-
TRIC SYSTEM TO THE
CITY OF V~YLIE AND
THE INHABITANTS
THEREOF; GRANTING
THE RIGHTS TO USE
THE S'FREETS,
ALLEYS AND OTHER
PUBLIC WAYS IN THE
CITY FOR SUCH PUR-
POSES; PRESCRIBING
THE CONDITIONS,
RESTRICTIONS,
OBLIGATIONS AND
LIMITATIONS LTNDER