Ordinance 2005-01
ORDINANCE NO. 2005-01
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
ORDINANCE NOS. 92-6, 92-14, AND 96-22 IN REGARD TO
REGULATIONS FOR DISPOSAL OF SEWAGE AND WASTES INTO
THE SANITARY SEWER OF THE CITY OF WYLIE, TEXAS;
PROVIDING FOR A PERMIT SYSTEM WITH DENIAL, SUSPENSION,
REVOCATION AND APPEAL PROCESS; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has previously
adopted Ordinances 92-6, 92-14, and 96-22 of the City of Wylie, Texas ("Wylie") establishing
regulations for disposal of sewage and the use of public sewers, regulations for discharge of
industrial wastes into the sanitary sewer of Wylie, regulations of unsewered and miscellaneous
discharges and providing for a permit system with denial, suspension, revocation and an appeal
process; and
WHEREAS, the City Council desires to amend Section 31, Upsets, under Ordinances 92-
6,92-14, and 96-22 of Wylie; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of Wylie to
amend Section 31, Upsets, under Ordinances 92-6, 92-14 and 96-22 as provided herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS THAT:
SECTION 1:
and 96-22 as follows:
The City hereby amends Section 31, under Ordinances 92-6, 92-14,
SECTION 31 : AFFIRMATIVE DEFENSE
A. If a person can establish that an event, which would otherwise be a violation of this
Ordinance, an Industrial User Wastewater Discharge Permit issued pursuant to this
Ordinance, or other Federal, State, or local law, was caused solely by an act of God, war,
strike, riot, or other catastrophe, the event is not a violation.
B. Conditions necessary for a demonstration of affirmative defense. An Industrial User who
wishes to establish an affirmative defense shall demonstrate, through properly signed,
contemporaneous operation logs, or other relevant evidence that:
1. The event that resulted in a violation occurred and the Industrial User can identify
the cause(s) of the violation as being solely an act of God, war, strike, riot, or
Ordinance 2005-0 I
Regulations of Disposal of Sewage
1
other catastrophe;
2. The facility was at the time being operated in a prudent and workman-like manner
and in compliance with applicable operation and maintenance procedures;
3. The Industrial User has submitted the following information to the Environmental
Officer within twenty-four (24) hours of becoming aware of the violation (if this
information is provided orally a written submission must be provided within five
(5) days);
a. A description of the event that resulted in a violation and the cause of
noncompliance;
b. The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue;
c. Steps being taken and/or plans to reduce, eliminate and prevent recurrence
of the noncompliance.
C. Burden of proof. In any enforcement proceeding, the Industrial User seeking to establish
an affirmative defense shall have the burden of proof.
D. Reviewability of agency consideration. In the exercise of prosecutorial discretion, the
Environmental Officer will review any claims of an affirmative defense. No
determinations made in the course of his/her review shall constitute final action subject to
judicial review. Industrial Users will have the opportunity for a judicial determination on
any claim of an affirmative defense only in an enforcement action brought for
noncompliance with Categorical Pretreatment Standards.
E. User responsibility. The Industrial User shall control production or all Discharges to the
extent necessary to maintain compliance with Categorical Pretreatment Standards upon
reduction, loss, or failure of its treatment facility until the facility is restored or an
alternative method of treatment is provided. This requirement applies in the situation
where, among other things, the primary source of power of the treatment facility is
reduced, lost, or fails.
SECTION 2: SA VINGS/REPEALING CLAUSE. 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.
SECTION 3: SEVERABILITYS. 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
Ordinance 2005-01
Regulations of Disposal of Sewage
2
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 4: EFFECTIVE DATE. This Ordinance shall be effective upon its passage
and publication as required by law.
PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11 th
day of January, 2005.
i /" I.
! ! . ! (
,-.! -l /l// ,/. /
J~ MONDY, Mayor
l
ATTESTED AND CORRECTLY
RECORDED:
,'I"III//~PPROVED AS TO FORM:
,\\' F lA_ II11
", 0 VV Ii III
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~ .., ... ...<"~~
Ie;;"" e.~AL...... \~. . /
.-u =! St E ~ fA-
:?"!:. -. e=:::9 : -
ICH, City Secretary -;.... - A~~A THY, ROEDER, BOYD &
-:.. -. .....
~ ty............r~4IN, P.c.
/IIIII/L 1 E, T~~HARn M. ABERNATHY
111/11\1,,1'
City Attorneys
C
Published in the Wylie News 01-19-05
Ordinance 2005-01
Regulations of Disposal of Sewage
3
THE WYLIE NEWS
lovenng Wyhe, Saehse, Mmphy and lheStI; rtlllndmg area
lION. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
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
Ord. No. 2005-01, Ord. No. 2005-02,
Ord. No. 2005-03, Ord. N... 2005-04
was published in said newspaper on the following date(s), to-wit: Jan. 46,2005
{JJjJIL
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
!/lA-
_day of ~/l-/
, 2005
to certify which witness my hand and seal of office.
(/L x: ~"/
Notary Public in and for
The State of Texas
1Yl v commission expires 01/02/07
J ~- - - - - - - --- - - - - -
Public Notices
~
INVITATION FOR BIDS
NORTH TEXAS
MUNICIPAL WATER
DISTRICT
TEMPORARY LABOR
Sealed bids addressed to
the attention of Judd
Sanderson, Qirector of
Finance, North Texas
Municipal Water District,
P.O. Box 2408, Wylie,
Texas 75098. Bids will be
received at the NTMWD
Administrative Offices,
until 2:00 P.M., local time,
on Thursday, January 20,
2005, opened and then read
for Temporary Labor. ~ Bid
documents ' may be
obtained from the
NTMWD offices at 505 E.
Brown Street, Wylie.
NORTH TEXAS MUNIC-
IPAL WATER DISTRiCT
By Joe Farmer President,
Board of Directors
33-3t-235
PUBLIC NOTICE
CITY OF WYLIE
REQUEST FOR
PROPOSALS
CONCESSIONAIRE
SERVICES
The City of Wylie is solic-
iting competitive proposals
for concessionaire serv!ces
at Community Park and
Founders Park.' The con-
tract will provide conces-
sion rightS' for food and
beverage vending during
all athletic events at these
locations. Proposals will be
accepted at the Wy lie
Municipal Complex
Office of the Purchasing
Agent - 2000 Highway 78
North - Wylie, Texas until
. 5:00 PM January 28, 2005.
The City reserves~e right
to reject any or al rofTs-
als and to accept ~ ~,o-
posal that provides t l~ best
value for the City.
34-~!-339
INVITATION FOR BIDS
NORTH TEXAS
MUNICIPAL WATER
DISTRICT
BELT PRESS
REHABILITATION
PROJECT INSTALLED AT
THE SOUTH MESQUITE
WASTEWATER TREAT-
MENT PLANT IN
MESQUITE, TEXAS
Sealed bids addressed to
the attention of Mr.' Judd
Sanderson, Director of
Finance of the North Texas
Municipal Water District in
Wylie, Texas will be
received at the
Administrative Offices 505
E. Brown Street, Wylie,
Texas 75098 until 2:00
P.M., local time, Tuesday,
February 8, 2005, op~ned
and then read. Bid docu-
ments may be obtained
from the North Texas
Municipal water District
offices at the address
above.
NORTH TEXAS MUNIC-
IPAL WATER DISTRiCT
By Yoe Farmer
President, Board of
Directors 35-3t-235
ORDINANCE NO.
2005-01
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS AMENDING
ORDINANCE NOS. 92-6,
92-14, AND 96-22 IN
REGARD TO REGULA-
TIONS FOR DISPOSAL
OF SEWAGE AND
WASTES INTO THE
SANITARY SEWER OF
THE CITY OF WYLIE,
TEXAS; PROVIDING
FOR A PERMIT SYSTEM
WITH DENIAL, SUS-
PENSION, REVOCA-
TION AND APPEAL
PROCESS; PROVIDING
FOR REPEALING, SAV-
INGS AND SEVERABIL-
ITY CLAUSES; AND
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE.
ORDINANCE NO.
2005-02
AN ORDINANCE
AUTHORIZING THE
ISSUANCE OF "CITY OF
WYLIE, TEXAS, COM-
BINATION TAX AND
REVENUE CERTIFI-
CATES OF OBLIGA-
TION, SERIES 2005";
SPECIFYING THE
TERMS AND FEATURES
OF SAID CERTIFI-
CATES; PROVIDING
FOR THE PAYMENT OF
SAID CERTIFICATES OF
OBLIGATION BY THE
LEVY OF AN AD VAL-
OREM TAX UPON ALL
TAXABLE PROPERTY
WITHIN THE CITY AND
A LIMITED PLEDGE Of
THE NET REVENUES
FROM THE OPERATIOt\
OF THE CITY'S WATER
WORKS AND SEWER
SYSTEM; AND RESOLV-
ING OTHER MATTERS
INCIDENT AND RELAT-
ING TO THE ISSUANCE
PAYMENT, SECURITY
SALE AND DELIVERY
OF SAID CERTIFl
CATES, INCLUDINC
THE APPROVAL ANI
EXECUTION OF A PAY
ING AGENT/REGIS
TRAR AGREEMENl
AND A PURCHASI
CONTRACT ANb THI
APPROVAL AND DIS
TRIBUTION OF AI'
OFFICIAL STATEMENT
AND PROVIDING AI'
EFFECTIVE DATE.
ORDINANCE NO.
2005.03
AN ORDINANCI
AUTHORIZING THl
ISSUANCE OF "CITY OJ
WYLIE, TEXAS, GEN
ERAL OBLIGATIm
REFUNDING ANI
IMPROVEMEN-
BONDS, SERiES 2005'
SPECIFYING THl
TERMS AND FEATURE:
OF SAID BONDS; LEVY
ING A CONTINUIN(
DIRECT ANNUAL AI
VALOREM TAX FOI
THE PAYMENT OF SAIl
BONDS; PROVIDIN<
FOR THE REDEMPTIOl
OF CERTAIN OUl
STANDING OBLIGA
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