Ordinance 2018-07ORDINANCE NO. 2018-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING CHAPTER 74 (OFFENSES AND
MISCELLANEOUS PROVISIONS) OF THE CODE OF ORDINANCES,
ORDINANCE NO. 2005-07, TO ADD ARTICLE XII (USE OF CITY SEAL,
EMBLEMS AND LOGOS), PROHIBITING THE USE OF THE CITY
SEAL, EMBLEMS AND LOGOS WITHOUT PRIOR WRITTEN
AUTHORIZATION; GRANTING AUTHORITY TO THE CITY
MANAGER OR HIS OR HER DESIGNEE TO AUTHORIZE LIMITED
USE OF THE CITY SEAL, EMBLEMS AND LOGOS; ESTABLISHING
CRITERIA AND CONDITIONS FOR THE AUTHORIZED USE OF THE
CITY SEAL, EMBLEMS AND LOGOS; PROVIDING A PENALTY
CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") adopted the
official seal of the City of Wylie, Texas ("City"), a copy of which is attached hereto as Exhibit
A, in Resolution No. 2008-46(R); and
WHEREAS, the City has adopted or approved various emblems and logos for use by the
City or its departments or to identify City programs or activities; and
WHEREAS, for example, copies of some of these City emblems and logos are attached
hereto as Exhibit B for illustrative purposes only; use of other City emblems and logos not
attached to this Ordinance shall nevertheless be governed by this Ordinance; and
WHEREAS, the City Council desires to prohibit the unauthorized use of the City seal and
other emblems and logos used by the City or its departments or that identify City programs or
activities; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to protect the City seal and City emblems
and logos from unauthorized use 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 the Code of Ordinances, Chapter 74 (Offenses and
Miscellaneous Provisions) to Add Article XII (Use of City Seal, Emblems and Logos). Chapter
74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances, Ordinance No. 2005-07,
is hereby amended to add Article XII (Use of City Seal, Emblems and Logos) as set forth below:
Ordinance No. 2018-07 Prohibiting Unauthorized Use of City Seal, Emblems and Logos Page 1 of 6
670843
"ARTICLE XII. USE OF CITY SEAL, EMBLEMS AND LOGOS
Sec. 74-190. Definitions. For purposes of this Ordinance, the followir_g
definitions apply:
City seal means the official seal of the City, as established by the City
Council in Resolution No. 2008-46(R), and any copy, facsimile or reproduction
thereof.
City emblem or logo means any emblem, logo, seal, shield, flag, badge or
other insignia that is adopted or approved for City use or that is otherwise created
by or for the City in connection with or to identify any City program or activity,
and any copy, facsimile or reproduction thereof.
Sec. 74-191. Unauthorized Use Prohibited. Except as provided by state
or federal law, or when done in the course of official City business, it is an
offense for any person to use the City seal or any City emblem or logo without
first having obtained written permission from the City to do so as provided in
Section 74-192 (Criteria for Authorized Use).
Sec. 74-192. Criteria for Authorized Use. The City Manager or his or
her designee ("City Manager") shall provide written authorization for the limited
use of the City seal or City emblem or logo for a specific purpose by any person
("applicant") when all of the following criteria are met:
(a) The proposed use of the City seal or City emblem or logo is for a City,
local civic, local cultural, local charitable or other local non-profit, non-
political purpose;
(b) The applicant agrees not to use the City seal or City emblem or logo for
commercial or other purposes not otherwise allowed by this section;
(c) The applicant submits a complete application and pays a fee of $15 for
processing the application and administering this section; and
(d) The applicant submits a representative sample or image of the proposed
use of the City seal or City emblem or logo satisfactory to the City
Manager, and objective evidence of good quality and workmanship, or
high production standards, as applicable, establishing that the proposed
use of the City seal or City emblem or logo will not (i) discredit or impair
the integrity of the City seal or City emblem or logo; (ii) cause discredit or
ridicule to the City in any manner; (iii) falsely signify or imply
sponsorship or approval by the City; (iv) falsely imply that the applicant is
an employee, officer or agent of the City; or (v) be used for any political
purpose.
Ordinance No. 2018-07 Prohibiting Unauthorized Use of City Seal, Emblems and Logos
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Page 2 of 6
Sec. 74-193. Inspection of Use. The City shall retain the right, at all
reasonable times, to inspect any document, item, material, website or data on
which the City seal or City emblem or logo is used to verify that the City seal or
City emblem or logo is being used truly and correctly as represented by the
applicant and in an unaltered form.
Sec. 74-194. No Assignment Permitted. Permission to use the City seal
or City emblem or logo shall not be assignable.
Sec. 74-195. Conditions on Authorized Use. The use of the City seal or
City emblem or logo may be subject to any reasonable conditions imposed by the
City Manager to carry out the purposes of this article.
Sec. 74-196. Termination of Authorized Use. If, after receiving written
permission, the applicant's use of the City seal or City emblem or logo fails to
satisfy any of the criteria set forth in Section 74-192 (Criteria for Authorized
Use), the City Manager shall serve written notice of such violation on the
applicant with a request to cure or take appropriate affirmative action to cure the
violation. In the event that the applicant fails to cure the violation to the
satisfaction of the City Manager, the City Manager shall serve written notice to
the applicant that permission to use the City seal or City emblem or logo is
terminated and any further use shall be a violation of this article and a nuisance.
Secs. 74-197 — 74-209. Reserved."
SECTION 3: Penalty. Any person, firm, corporation or entity violating any provision of
this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and
upon conviction thereof, shall be fined in an amount not exceeding five hundred and no/100s
dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the
violation. The City retains all legal rights and remedies available to it under local, state and
federal law.
SECTION 4: Severability. Should any section, sdbsectioh, 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 ana effect. The City Council hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof, regardless of whether any one or more
sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 5: Savings/Repealing. 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 such ordinances shall remain in full force and effect.
Ordinance No. 2018-07 Prohibiting Unauthorized Use of City Seal, Emblems and Logos Page 3 of 6
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SECTION 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law and the City Charter.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 27th day of February, 2018.
ATTEST:
Stephanie Storm, City Secretary
Dates of Publication: March 7, 2018, in the Wylie News
Ordinance No. 2018-07 Prohibiting Unauthorized Use of City Seal, Emblems and Logos Page 4 of 6
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Exhibit A
Ordinance No. 2018-07 Prohibiting Unauthorized Use of City Seal, Emblems and Logos Page 5 of 6
670843
IA,
VI,
CITY OF
WYLIE
Exhibit B
CITY OF
If WYLIE
1�
WIDE AWAKE WYLIE
c),..d
WIDE AWAKE WYLIE
Ordinance No. 2018-07 Prohibiting Unauthorized Use of City Seal, Emblems and Logos Page 6 of 6
670843
media
(YID' 1t,nmersurlk CT.nues • Murphy :Monitor • i he Princeton 1ierald • 4 - News • THE WYLIE NEWS
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
Public Notice — Ordinances 2018-05, 06, 07
was published in said newspaper on the following date(s), to -wit:
March 7, 2018.
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the go day of / (moi at.2, 2018
to certify which witness my hand and seal of office.
Notary Public in anr17W
The State of Texas
My commission expires C�r/C.' .'?,0
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CITY OF WYLIE1
Ordinance
No. 2018-05
An ordinance of the
City of Wylie, Texas,
amending the Com-
prehensive Zoning
Ordinance of the City
of Wylie, as hereto-
fore amended, so as
to change the zon-
ing on the hereinafter
described property,
zoning case number
2017-12, from Com-
mercial Corridor (CC)
to Planned Develop-
ment 2018 -05 -Multi -
Family -Community
Retail (PD -MF -CR) to
allow for a maximum
of 286 unit multi -fam-
ily development with
commercial uses on a
15.72 acre tract; pro-
viding for a penalty for
the violation of this or-
dinance; providing for
the repeal of all ordi-
nances in conflict; pro-
viding a severability
clause; and providing
for an effective date.
Ordinance
No. 2018-06
An ordinance of the
City of Wylie, Texas,
amending the Com-
prehensive Zoning
Ordinance of the City
of Wylie, as hereto-
fore amended, so as
to change the zoning
on the hereinafter de-
scribed property, zon-
ing case number 2017-
13, from Agricultural
— 30 District (AG -30)
to Planned Develop-
ment Single Family
(PD -SF) to allow for
residential uses on ap-
proximately 52 acres;
providing for a penalty
for the violation of this
ordinance; providing
for the repeal of all
ordinances in conflict;
providing a severabil-
ity clause; and provid-
ing for an effective
date.
Ordinance
No. 2018-07
An ordinance of the
city council of the
City of Wylie, Texas,
amending chapter 74
(offenses and miscel-
laneous provisions)
of the Code Of Ordi-
nances, Ordinance No.
2005-07, to add Article
XII (use of city seal,
emblems and logos),
prohibiting the use of
the city seal, emblems
and logos without prior
` written authorization;
granting authority to
the city manager or his
or her designee to au-
thorize limited use of
the city seal, emblems
and logos; establish-
ing criteria and condi-
tions for the authorized
use of the city seal,
emblems and logos;
providing a penalty
clause, savings/repeal-
ing clause, severability
clause and an effective
date; and providing for
the publication of the
caption hereof.
44 -1t -1141i t