Resolution 2018-20RESOLUTION NO. 2018-20(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ESTABLISHING A TEMPORARY MORATORIUM ON THE
ACCEPTANCE, PROCESSING AND APPROVAL OF ANY
APPLICATION FOR A CITY PERMIT OR LICENSE FOR USE OF
PUBLIC RIGHT-OF-WAY IN THE CITY OF WYLIE FOR RACES,
COMPETITIONS OR OTHER SPECIAL EVENTS INVOLVING
RUNNING, WALKING OR CYCLING; IMPOSING THE MORATORIUM
TO MAINTAIN THE STATUS QUO FOR A PERIOD OF ONE HUNDRED
TWENTY (120) DAYS OR UNTIL THE ADOPTION AND
IMPLEMENTATION OF NEW REGULATIONS GOVERNING SUCH
USES OF THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR WAIVERS;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Wylie, Texas ("City") is authorized to manage and control
access to the public right-of-way within the City to ensure the health, safety and welfare of the
public; and
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that use of the public right-of-way, including streets and other
roadways, within the City for races, competitions and other special events involving running,
walking or cycling has posed significant health and safety risks for pedestrians, motorists and
others, placed undue burden on public resources and caused inconvenience to the City's
residents; and
WHEREAS, the City Council finds that it is in the best interest of the City and its citizens
to impose a temporary moratorium on the acceptance, processing and approval of all applications
for City permits and licenses relating to the use of the public right-of-way within the City for
races, competitions and other special events involving running, walking or cycling in order to
preserve the status quo and allow City staff and the City Council reasonable time to review,
conduct research, receive public input and evaluate, develop and implement any appropriate
regulations that may better protect the health, safety and welfare of the public; and
WHEREAS, the City Council finds that a moratorium of one hundred and twenty (120)
days is a reasonable length of time and no longer than necessary for the City to properly
investigate, develop and, if appropriate, adopt and implement any new regulations with respect to
the use of the public right-of-way for such events; and
WHEREAS, the City Council has provided ample public notice and opportunities for
citizen input on this moratorium; and
WHEREAS, the City Council finds that the public and persons organizing and
participating in such events will not be unduly prejudiced by the imposition of the moratorium
described below.
Resolution No. 2018-20(R)
Establishing Moratorium on Use of the Public Right -of -Way
for Certain Special Events
2369749
Page 1 of 3
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 Resolution as if fully set forth herein.
SECTION 2: Moratorium Established. The City Council hereby establishes a
moratorium on the on the acceptance, processing and approval of all applications for City
permits and licenses relating to the use of the public right-of-way within the City for races,
competitions and other special events involving running, walking or cycling effective
immediately upon passage of this Ordinance and for a period of one hundred twenty (120) days
thereafter or until the adoption and implementation of new regulations governing such uses of
the public right-of-way, whichever is earlier. The moratorium imposed under this section shall
not affect or in any way apply to completed applications for such permits or licenses that were
lawfully submitted prior to the effective date of this Ordinance.
SECTION 3: Waiver. An organizer or participant may request a waiver of the
application of this temporary moratorium to a particular race, competition or other special event
by submitting a written application to the City Manager with the reasons for the waiver request
along with supporting documentation. The waiver request must be submitted at least five (5)
business days before, but not more than ten (10) days before, a regularly scheduled City Council
meeting. The City Council may approve a waiver application, in which case the applicant may
submit an application for processing, if the following conditions are satisfied: (a) the applicant
will suffer undue hardship if the moratorium is not waived, that being something beyond or in
addition to financial hardship; (b) it is in the public interest to allow a limited exception to the
moratorium; and (c) authorizing the waiver will not adversely impact the health, safety or
welfare of the public.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of
this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Resolution shall remain in full
force and effect. The City Council hereby declares that it would have passed this Resolution,
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: Effective Date. This Resolution shall be effective from and after its
passage.
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Resolution No. 2018-20(R)
Establishing Moratorium on Use of the Public Right -of -Way
for Certain Special Events
2369749
Page 2 of 3
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 24th day of April, 2018.
ATTESTED AND CORRECTLY
RECORDED:
Stephanie Storm, Ci
Eric Hogue, Mayer
Resolution No. 2018-20(R)
Establishing Moratorium on Use of the Public Right -of -Way
for Certain Special Events
2369749
Page 3 of 3