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Ordinance 2005-75 ORDINANCE NO. 2005-75 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2005-64; ADOPTING AMENDMENTS TO THE 2003 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE REGARDING FIRE SPRINKLER SYSTEMS IN TOWNHOMES; 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 Wylie Ordinance No. 2005-64; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie and in the health, safety and welfare of the public to adopt an amendment to the 2003 Edition of the International Residential Code regarding fire sprinkler systems in townhomes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incomorated. 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. 2005-64 and the 2003 International Residential Code. Ordinance No. 2005-64 and the 2003 International Residential Code is hereby amended to change the definition of "Townhouse" and change R317.2 as follows: Section R202 Definitions: TOWNHOUSE. A single-family dwelling unit constructed in a group of two or more attached units in which each unit ex-tends from foundation to roof and with open space on at least two sides. Section R31 7.2: Any townhouses over one story in height to be equipped with a fire sprinkler designed to NFP A 13 D Standard. SECTION 3: Savings/Reoealing 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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 portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a residential code is hereby amended to refer to the 2003 International Residential Code as it is adopted herein or may be subsequently amended. Ordinance No. 2005-75 Amending Ordinance No. 2005-64 and the 2003 Edition of the International Residential Code Page 1 SECTION 4: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NOli 00 DOLLARS ($2,000.00). Each continuing day's violation under 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 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 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. SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 6th day of December, 2005. ATTESTED AND CORRECTLY RECORDED: ~ :; - , -::. ~ .... ; , ~ ~\'... .(,;1" (,.. $' ";, .fA~ "'C!;o'JJ;lo<r,oo" ,\,:)-..:J....' #;'f~ 'Y ,~'[ IE "rt-i-' "" '.113, 1 ''l,\"\'\ "/111111\11\ Date of Publication in The Wv/ie News - December 6.2005 Ordinance No, 2005-75 Amending Ordinance No, 2005-64 and the 2003 Edition of the International Residential Code Page 2 * C&S Media, Inc. m:oe jf,:,,:mmlbtlle m:imell . 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 be me duly sworn, deposed and says that the foregoing attached Ordinance No. 2005-75 City of Wylie was published in said newspaper on the following dates, to-wit: Dec. 14,2005 f}j!!Il-- Chad Engbrock, Publisher ~ day of ~ to certify which witness my hand and seal of office. , 200' Subscribed and sworn before me on this, the /'6~~Jf3.:.i,:>\ . "'l~ \"\ t.,\, ~.il' iol I ". I \".,. '{." ." " ''''',V.I ",>. . ,'> .,~~,./ f,ot! .- ........~,..."',... > I;,-:t L MnONEY ~t~.~~<';~~~ ~ I / ~'-"7 Notary Public in and for The State of Texas My COrlltll. f:)(~L D1{)2.07 "~,'~~~~~"": RECEIVED My commission expires 01/02/07 JAN 0 5 2005 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. Fannersville, TX 75442.972-784-6397. fax 972-782-7023 Class A full & correct copy of these ordinances are avail- able for inspection at Sachse City Hall. 30-lt-1370-8\li ORDINANCE NO. 2005-75 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2005-64: ADOPTING AMEND- MENTS TO THE 2003 EDI- TION OF THE INTERNA- TIONAL RESIDENTIAL CODE REGARDING FIRE SPRINKLER SYSTEMS IN TOWNHOUSES; PROVID- ING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAV- INGS AND SEVERABILI- TY CLAUSES; PROVID- ING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HERE- OF John Mondy, Mayor; ATTEST: Carole Ehrlich, City Secretary \. 30-lt-339-31li '\ NOTICE OF PUBLIC I " HEARING ON PROPOSED CHANGES TO THE ZONING ORDINANCE AND MAP CITY OF WYLIE The Planning and Zoning Commission and City Council of the City of Wylie will hold public hearings to consider proposed revisions to the Zoning Ordinance and Map. These hearings will be held as follows: Planning & Zoning Commission: Tuesday, January 3, 2006, 7:00 PM City Council: Tuesday, January 24, 2006, 6:00 PM Each hearing will be held in the> fAllAn,~nlY lnrHltlnn" consider the application as an East along said comer clip, a amendment to the distance of 72.23 feet to a Comprehensive Zoning highway marker found for Ordinance of the City of comer in the west right-of- Wylie, Texas and the Official way line of FM. Road Zoning Map. The request No. 1378 (Country Club); will be considered as follows: THENCE South 00052' 13" Planning and Zoning West along the west right-of- Commission: Tuesday, way line of EM. Road January 3, 2006, 7:00 pm No.1378, a distance of City Council: Tuesday, 189.70 feet to a 3/4" iron January 10, 2006,6:00 pm pipe found for comer at the Each public hearing will be southeast corner of said held at the following loca- 1.138 acre tract;THENCE tion: South 89048'39" West along City Council Chambers of the south boundary line of the Municipal Complex said 1.138 acre tract, a dis- 2000 Highway 78 North, tance of 208.71 feet to a 5/8" Wylie, Texas iron rod found for corner at This notice has been sent to the southwest corner thereof; all owners of real property THENCE North 00005'40" within 200 feet of the request East along the west boundary as such ownership appears on line of said 1.138 acre tract. a the last approved city tax roll. distance of 243.16 feet to the Action b-y the Planning and PLACE OF BEGINNING Zoning Commission serves and containing 1.137 acres of as a recommendation to the land. City Council and is not a ABSTRACT A0716 PAT- final action on the request. If TERSON. WILLIAM, the Commission recom- BLOCK 1, TRACT 5 mends denial, a three-four S 1.002 with an nty~;,.ltIgcl'!lWdre s of 2675 FM 1378 in cillhl1~~cJ'fr"'rl{e 'ty of Wylie, Collin val. Zoning districts, Coun, Texas dmentsl AA\\ '6n~tiI1A05BEIN situated III the mend'!!li'" by !he WIllI Patterson Survey, 'ssion for ap~o~aJk..,.Abstr.,ct No. 716, Collin ity F+NJAft~C=ount~, Texas, and being a mor' . mey of a tract of land described in this notice. described in a deed to Dave All interested persons are W. Bell of record in Volume encouraged to attend the pub- 5638, Page 579, Deed lic hearing and express their Records of Collin County, opinions on the zomng Texas, and being more partic- change request. If you are ularly described by metes unable to attend, but wish to and bounds as follows: have your opinions made a BEGINNING at a 3/4" iron part of the public record, pipe found for corner in the please complete the enclosed west right-of-way line of FM form and return it prior to the Road No. 1378 (Country public hearing. Please print Club), at the northeast comer your name, address of the of said Bell tract;THENCE property you own and the tax South 00005'40" West along account number (if applica- the west right-of-way line of ble) on the enclosed form and FM. Road No. 1378, a dis- return it to the following tance of 209.06 feet to a 5/8" address: iron rod set for corner at the tance of 2.16 feet; THENCE South along the west right-of-way line of said EM. Road No. 1378, a dis- tance of 209.12 feet to the PLACE OF BEGINNING and CONTAINING 1.002 acres of land. ABSTRACT A0716 PAT- TERSON, WILLIAM, BLOCK 1, TRACT 8 ACRES 1.000 with an address of 2605 FM 1378 in the City of Wylie, Collin County, Texas. (Additional Tract for Revised PD #2005- 25) BEING all that certain lot, tract or parcel of land situat- ed in the County of Collin, 'State of Texas, and being out of the William Patterson 640 acre Survey, Abstract No. 716, and being the same one acre tract of land conveyed to Kenneth D. and Mary E. Ellis recorded III Volume 645. Page 493, Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 112" iron rod found for comer in the West line of EM. 1378, said point being the Southeast corner of said Ellis one acre tract, said point also being the Northeast corner of a 1.002 acre tract of land con- veyed to John E. Martin and John D. Martin recorded in Volume 5453, Page 2797, Deed Records of Collin County, Texas; THENCE North 89052'43" West, 208.71 feet along the South line of said Ellis tract and the North line of said Martin tract to a 3/8" iron rod found for comer, said point being the Southwest corner of said Ellis tract and the Northwest corner of said Martin tract; THENCE North, 208.71 feet along the West line of said Ellis tract to a 1/2" iron rod r;tu nf""Tul;a C'nntho.....ct t"n1"npr nf <''l1~ Rp,ll fr\l1nrl frll" .."t-np,r ,,~-id n()lnl