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Ordinance 2008-03 ORDINANCE NO. 2008-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2005-11, ARTICLE 1(GENERAL PROVISIONS), SECTION 4 (UNLAWFUL SOLICITATION AND HANDBILL DISTRIBUTION), SUBSECTION I(INHABITED PREMISES); PROVIDING FOR A PENALTY OF THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, REPEALING AND SAVING CLAUSES; PROVIDING FOR THE PUBLICATION OF THIS CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2005-11, Article 1(General Provisions), Section 4(Unlawful Solicitation and Handbill Distribution) Subsection I(Inhabited Premises) as set forth below. 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. 2005-11. Article 1(General Provisions~ Section 4(Unlawful Solicitation and Handbill Distribution). Subsection I(Inhabited Premises~. Amendment to Ordinance No. 200~-11, Article 1(General Provisions), Section 4(Unlawful Solicitation and Handbill Distribution) Subsection I(Inhabited Premises) is hereby amended to read as follows: "I. Reserved." SECTION 4: Penaltv Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). City retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savin sg /Repealin C~ lause. Wylie Ordinance No. 2005-11 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance No. 2008-03 Amendment to Ordinance No. 2005-11 Deleting Section 4, Subsection I(Handbill Ordinance) Page l 504836v] ~ SECTION 6: Severabilitv. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. City hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22°d day of January, 2008. ~ ~ J MO DY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ~~•`°~~'t ~ F" ~y~j• ' ~ . ~ v, _ , - , . _ ~ } jJ = - . ° - _ ~:~y . - . - ~ ~ . - • ~ i • : s ~ ' •e` ` ~ CAROLE E LICH, City Secretary LLy~ ~ E' ~~y~P~~.~~~\ . ~ Date of publication in The Wvlie News - Januar_y 30, 2008 Ordinance No. 2008-03 Amendment to Ordinance No. 2005-11 Deleting Section 4, Subsection I(Handbill Ordinance) Page 2 504836v1 C$$ Media, Inc. ~ 2~`'~je ,~nrrnergbilCe ~ime~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS 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. 2008-03 was published in said newspaper on the following dates, to-wit: January 30, 2008, Chad Engbrock, Publisher Subscribed and sworn before me on this, the ~ U day of ~ , 2008 to certify which witness my hand and seal of office. " ~ ~.J ~~t~lJ G~~ r..-~e.m--~• otary Public in and for ~~~RT P~~~ ,,o,~ B;, MARY SWANK The State of Texas Notery Public, State of Texas ,l My Cnmmission Expires ~ ~ _ ~ ~1 / V ~N'. '~;;;o~~;;~'' September 22, 2010 ~ My commission expires RECEIVED FEB 0 4 2008 FINANCE , 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 • fa~c 972-782-7023 January 30 - 31 , 2008 - C&S MEDIA PUBLICATIONS - Section Page 3 NO. 2008-03 AN ORDIN~NCE OF 'FI~ CITY OF WYLIE, 'i'EXAS, AMENDING ORDINANCE NO. 2005- 11, ARTICLE 1 (GENER- AL PROVISIONS), SEC~ TION 4 (UNLAWFUL SOLICITATION AND HAND$II,,L DISTRIBU- TION), SLIBSECTION I (INHABITED PREMI~- ES); PItOVIDING FOR A PENALTY OF THE VIO- L~'~ION OF THIS ORDI- NANCE; PROVIDING FOR SEVERABILI'TY, REPEALING AND SAV- ING CLAUSBS; PRO- VIDING FOR T'HE P[~B- LICATION OF TI~iIS CAPTION HEREOF; AND PROVIDING FOR AI~ EFFECTNE DAT~ OF THIS ORpWANCE. John Mondy, Mayor ATTEST: Carole Ehrlich, City SeCretary 37- l t-339-31 li