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Ordinance 2017-22 ORDINANCE NO. 2017-22 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2013-43, ARTICLE 5 (USE REGULATIONS), SECTION 5.1.F.RETAIL 21. RESTAURANTS WITHOUT DRIVE-IN OR DRIVE-THROUGH SERVICE, TO ALLOW A PARKING RATIO OF 1:100, 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 Ordinance No. 2013-43 Article 5 (Use Regulations), Section 5.1.F.Retail 21. Restaurants without Drive-in or Drive-through Service,related to parking requirement. 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 Zoning Ordinance No. 2013-43, Article 5 The City of Wylie's Comprehensive Zoning Ordinance No. 2013-43, Article 5 (Use Regulations), Section 5.1.F.Retail 21. Restaurants without Drive-in or Drive-through Service, as related to parking requirements is hereby amended. SECTION 3: Savings/Revealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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 Ordinance No.2017-22 Amending Ordinance No.2013-43,Article 5 (Use Regulations),Section 5.1.F.Retail 21.Restaurants without Drive-in or Drive-through Service,to allow a parking ratio of 1:100 phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2013-43, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). 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 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, this 25`" day of July, 2017. Eric Hogue o Wr ATTEST: i C role Ehrlich,?My y Secretary rtACFE`RAI I 6 SAN SW4� 'I'll,©1887® s � Tt or TAIL DATE OF PUBLICATION: August 2, 2017, in the Wylie News Ordinance No.2017-22 Amending Ordinance No. 2013-43,Article 5 (Use Regulations), Section 5.1.F.Retail 21. Restaurants without Drive-in or Drive-through Service,to allow a parking ratio of 1:100 C&S ?I✓be j.farturabille Xinte5 • Murphy Monitor • The Princeton Herald • 7ef Sachse News • THE WYLIE NEWS media STATE OF TEXAS COUNTY OF COLLIN Before me,the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and(4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance 2017-22 was published in said newspaper on the following date(s),to-wit: August 2,2017 A. ' ii) , , had Engbrock, Publisher Subscribed and sworn before me on this,the day of August, 2017 to certify which witness my hand and seal of office. f3,40 L.. z , „ii j Notary Public in ant ��PuyuGe% SONIA A. DUGGAN The State of Texas ♦ FYP / ° -=Notar -?c' Y Public,State of Texas ig,,.e ,,, Comm.Expires 08-18-2020 My commission expires ///;nix`♦♦ Notary ID 130783749 • Murphy/Sachse/Wylie Office•110 N.Ballard•P.O.Box 369•Wylie.TX 75098.972-4-12-5515•fax 972-442-4318 Fannersville/Princeton Office•101 S.Main•P.O.Box 512•Farmersville,TX 75442•972-784-6397•fax 972-782-7023 August 2-3, 2017 3C ( CITY OF WYLIE. Ordinance No.2017-22 An Ordinance of the city of Wylie, Texas, amending Ordinance No. 2013-43, article ' b (use regulations), section 5.1.f.retail 21. Restaurants with- out drive-in or drive- through service, to al- low a parking ratio of 1:100, providing for a penalty forthe the viola- tion of this ordinance, providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance;_ and providing for the publication of the cap- tion hereof. 13-It-291i. - s