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Ordinance 2006-03 ORDINANCE NO. 2006-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, SETTING A DATE, TIME AND PLACE FOR THE CITY COUNCIL TO CONDUCT A PUBLIC HEARING TO CONSIDER THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has previously appointed the City's Planning and Zoning Commission plus an ad hoc member to serve as the Capital Improvements Advisory Committee in accordance with Chapter 395 of the Local Government Code; and WHEREAS, the City Council desires to conduct a public hearing in regards to the Land Use Assumptions Plan and the Capital Improvements Plan in accordance with Chapter 395 of the Local Government Code regarding the adoption of impact fees. NOW, THEREFORE, BE IT RESOLVED 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: On the 28th day of February, 2006, at pm in the City Council Chamber of Wylie City, 2000 North Highway 78, City of Wylie, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the Land Use Assumptions Plan and Capital Improvements Plan needed for the adoption of water and sewer impact fees by the City of Wylie, Texas. Notwithstanding the foregoing, the above stated date for public hearing may be changed to any other date that is in accordance with law and for which notice is provided in accordance with law, if it is determined by the City Manager, or his designee, that good reason exists for changing said date. SECTION 3: The City Manager, or his designee, is hereby authorized and directed to cause notice of such hearing to be published in a newspaper in each county in which the City lies and send it by certified mail to anyone who has requested to receive it at least thirty (30) days before the date of such hearing, in accordance with Chapter 395 of the Texas Local Government Code and to be provided as otherwise required by law. SECTION 4: Savings/Repealing Clause: All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for Ordinance No. 2006-03 Setting Public Hearing for Impact Fees Page 1 of2 violation of the repealed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 5: 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 anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date: This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 10th day of January 2006. ~); John Ondy,~aYOr \\\11 III I1ltl/ ",\ 0 F lA, /111 " yv 1- I, ",.( -..l.. ......... r.( '...... $ ,"~.~~~ ..~., 0 ~ 2 ():~~ .. ~ = : ::. - . . - = : ~ = - . - - . -:. ~ ~ ~ ;~,~t... ...... - ~ ~ I1r ....llo4"'...... t(-.G::>" """ YL IE 1'(..'1--""" 11111111",,\\\\\ ATTESTED TO AND CORRECTLY RECORDED BY: Date of publication in The Wvlie News - January 18. 2006 Ordinance No. 2006-03 Setting Public Hearing for Impact Fees Page 2 of2 TIME LINE FOR ADOPTION OF LAND USE PLAN ("LUP"). CAPITAL IMPROVEMENTS PLAN ("CIP") AND IMPACT FEES UNDER LOCAL GOVERNMENT CODE ("LGC") FOR THE CITY OF WYLIE Required Action Time Required Date Appoint capital improvements On or before the date an ordinance is Complete advisory committee. LGC adopted establishing the public hearing date 395.058 for the LUP and CIP. Adopt ordinance establishing On or after the date the capital 1/10/06 public hearing date for LUP and improvements advisory committee is CIP. LGC 395.042 appointed. Make available to the public the On or before date the Notice of Public 1/10/06 land use assumptions, time period Hearing on LUP and CIP is published. of the projections and a description of the capital improvement facilities that may be imposed. LCG 395.043 Publish Notice of Public Hearing 30 days before the date of the hearing. Must 1/18/06 on LUP and CIP. LGC 395.044 be in a newspaper in each county in which the city lies and mail by certified mail to any who have requested it. See statute for specific requirements. Conduct Public Hearing on LUP On the date specified in the notice, which 2/28/06 and CIP. must be at least 30 days after the notice is provided. Approve or disapprove the LUP With 30 days of the date of the Public 2/28/06 and CIP. LGC 395.045 Hearing. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearing). Adopt resolution calling public On adoption of the LUP and CIP 2/28/06 hearing on imposition of impact fee. LGC 395.047 Publish Notice of Public Hearing 30 days before the date of the hearing. Must 3/1/06 on the imposition of an impact fee. be in a newspaper in each county in which LCG 395.049 the city lies and mail by certified mail to any who have requested it. See statute for specific requirements. Advisory Committee must file Before the 5tn business day before the date By 4/3/06 written comments on the proposed of the Public Hearing on Impact Fees. impact fees. LGC 395.050 Conduct Public Hearing on After approval of LUP and CIP and on the 4/10/06 imposition of impact fees. LGC date specified in the notice, which must be 395.047 at least 30 days after the notice is provided. Adopt ordinance imposing impact Within 30 days of the date of the public 4/1 0/06 fees. LGC 395.051 hearing on the imposition of impact fees. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearing). 438708-1 ..<>/~"'/'" * C&S Media, Inc. \!I:be jfnrmmilJilIe \!I:imes . Murphy lVionitor · 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. 2006-03 was published in said newspaper on the following dates, to-wit: Jan. IS, 2006 lJiUt-- . . . Chad Engbrock, Publisher ~ S y--t^'- day of ~tav. ~ Subscribed and sworn before me on this, the ~ ( , 2006 to certify which witness my hand and seal of office. ~.~~i lR/ (* { \..,' -'- '.-,l. MOONEY 1\lotary Public State of Texas My Comm Exp.01-02-07 ~.~./.. {, oZU~ . Notary Public in and for The State of Texas My commission expires 01/02/07 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 Your classified rtising ~-5515 lccepted - VISA , :..w..... ... . appears In the paper and o nr;----t"-.> .. .2~> i>'-, ..'" , ~~/\' ,*\. >w~ J:l' t "".>:~. /' \" ,/>.':\/ I .._,.....>0,;". ~. ~ -, 1 4'..\ \\ .'.'. \>'''---.X~,,::.>. \>.,.,>. :\ ) \ , ,," ......... ~ l , h the web for one ...., low pricJ~~ ; ""-\/ P1JBLICATION POLICIES ,DVERTlSERS: Please check your ad on the first day of its lUlL If you nd an error, please report it immediately to the Classified Department, 72-442-5515. We are responsible for the first incorrect insertion only. :&S lvled/(!, Inc. does not assume responsibility for advertising beyond le cost of the ad ilself. Claims for adjustment must be made Immedi- tely after ad is published. We reserve the right \0 edit or reject any copy vhich does not meet the sumdards of acceptance of C&S Media, Ille.. f !el1lfiees MOTOR nOME STORAGE .New, completely enclosed bldg. 'Secure 'Convenient to Wylie ! .Reasonable rates! 972.442.3123 or 972.442.3505. 47-\1'-326 Free estimate and senior discount. Trimming, prun- ing, removal, stump grind- ing. No Job to small or to big. Call 972-843-8388. 34-2l- d ORDINANCE NO. 2006-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, SETTING A DATE, TIME AND PLACE FOR THE CITY COUNCIL TO CON- DUCT A PUBLIC HEARING TO CON- SIDER THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVE- MENTS PLAN; PRO- VIDING FOR REPEAL- ING, SAVINGS AND SEVERABILITY CLAUSES; AND PRO- VIDING FOR AN EFFECTIVE I)ATE HEREOF: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary " ments and conditions rec- "~mended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zon- ing change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the prop- erty yOU own and the tax account number (if applic- able) on the enclosed form and return it to the follow- ing address: 35-1t-339- OtY'ofWylie //Department of Planning / 2000 Highwav 78 North NOTICE OF PUBLiC Wylie, ix 75'098 HEARING If the property owners of PLANNING AND 2()CJ(, or more of the land ZONING COMMIS- within the 200 foot notifi- SION cation area file a written AND CITY COUNCIL protest prior to the public An application has been hearing, state law provides received by the City of that approval of the zoning Wylie for a: change request shall PROPOSED ZONING require an aftirmative vote C'H A NCTF nf i/.! of lh,' mt'mh,:rs of 25li distance of 104.18 feet to a point 'for corner; North, 47_24'20" East, a distance of 200.02 feet to a point for corner; North 51_41'38" East, a distance of 241.5 I feet to the westernmost corner of that certain tract of land described to Texas Power & Light Company by deed recorded in Volume 65 I, Page 434, Deed Records of Collin County, Texas; THENCE South 25_17' 42" East along the southwesterly line of said Texas Power & Light Company tract of land, a distance of 221. I 6 feet to the southernmost corner of said Texas Power & Light Company tract of land; THENCE South 51_34' 37" West, a distance of 702.47 feet to a point for corner in the southwesterly line of said TXU Electric Company tract of land and the centerline of aforemen- tioned Rush Creek; THENCE Northerly along saicl southwesterly line ancl said centerline the follow- ing courses: North 05,-13'32" West, a distance of 132.n feet to a point for corner: l\.lnr.h 'i7 'iJ'()7" l-i ~~l "