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Ordinance 2006-31 ORDINANCE NO.: 2006-31 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, SETTING A DATE, TIME AND PLACE FOR THE CITY COUNCIL TO CONDUCT A PUBLIC HEARING TO CONSIDER THE THOROUGHFARE CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has previously appointed the City's Planning and Zoning Commission plus an ad hoc member to serve as the Capital Improvements Advisory Committee in accordance with Chapter 395 of the Local Government Code; and WHEREAS, the City Council has previously adopted Land Use Assumptions by Ordinance No. 2006-10; and WHEREAS, the City Council desires to conduct a public hearing in regards to the Thoroughfare Capital Improvements Plan in accordance with Chapter 395 of the Local Government Code regarding the adoption of impact fees. 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 Ordinance as if fully set forth herein. SECTION: 2: Call for Public Hearing. On the 13th day of June, 2006, at 6:00 pm in the City Council Chamber of Wylie City, 2000 North Highway 78, City of Wylie, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the Thoroughfare Capital Improvements Plan needed for the adoption of thoroughfare impact fees by the City of Wylie, Texas. Notwithstanding the foregoing, the above stated date for public hearing may be changed to any other date that is in accordance with law and for which notice is provided in accordance with law, if it is determined by the City Manager, or his designee, that good reason exists for changing said date. SECTION 3: Notice of Hearing. The City Manager, or his designee, is hereby authorized and directed to cause notice of such hearing to be published in a newspaper in each county in which the City lies and send it by certified mail to anyone who has requested to receive Ordinance No. 2006-31 Setting Date, Time and Place for Public Hearing-Thoroughfare Capital Improvement Plan it at least thirty (30) days before the date of such hearing, in accordance with Chapter 395 of the Texas Local Government Code and to be provided as otherwise required by law. SECTION 4: SavingslRepealing Clause: 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 5: 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 phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date: This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on May 9, 2006. \\\ \ \ \ "F "'~/:'" ATTESTED TO AND "",4. C?....::~ ~"'/.....-:, CORRECTL Y RECORDED BY: f ~...,. 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Make available to the public the On or before date the Notice of Public 5/09/06 land use assumptions, time period Hearing on LUP and CIP is published. of the projections and a description of the capital improvement facilities that may be imposed. LCG 395.043 Publish Notice of Public Hearing 30 days before the date of the hearing. Must 5/17/06 on LUP and CIP. LGC 395.044 be in a newspaper in each county in which the city lies and mail by certified mail to any who have requested it. See statute for specific reauirements. Conduct Public Hearing on LUP On the date specified in the notice, which 6/13/06 and CIP. must be at least 30 days after the notice is provided. Approve or disapprove the LUP With 30 days of the date of the Public 6/13/06 and CIP. LGC 395.045 Hearing. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearing). Adopt resolution calling public On adoption of the LUP and CIP 6/13/06 hearing on imposition of impact fee. LGC 395.047 Publish Notice of Public Hearing 30 days before the date of the hearing. Must 6/21/06 on the imposition of an impact fee. be in a newspaper in each county in which LCG 395.049 the city lies and mail by certified mail to any who have requested it. See statute for specific reauirements. Advisory Committee must file Before the 5th business day before the date By 7/17/06 written comments on the proposed of the Public Hearing on Impact Fees. impact fees. LGC 395.050 Conduct Public Hearing on After approval ofLUP and CIP and on the 7/25/06 imposition of impact fees. LGC date specified in the notice, which must be 395.047 at least 30 days after the notice is provided. Adopt ordinance imposing impact Within 30 days of the date of the public 7/25/06 fees. LGC 395.051 hearing on the imposition of impact fees. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearing). 438708- I c Cll c: - C Gl Gl'ni E-c Gl c, ~::l .. Gl c,Gl ELL - - Cll (J ~! 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THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN g~ ,Q1 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 Ordinance 2006-29 & Ordinance 2006-31 was pnblished in said newspaper on the fOl~~ May 17,2006 Chad Engbrock, Publisher Subscribed and sworn before me on this, the \/ day of Ufu( , 2006 to certify which witness my hand and seal of office. Notary The Stat of Texas My commission expires Z. 2..-\. Z,DlQ \\"UUf'" ...,\...\\YP/J/J"" $~~''- {1~::O ".,/i;n;\\~"~ "t'"111'\\ TAMMY BURTON Notary Public. State of Texas My Commission Expires February 21, 2010 I RECEIVED JUN 2 2 Z006 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. !OI S.Main. p.o. Box 512. Farmersville, TX 75442.972-784-6397. fax 972-782-7023 --......- v, ",,",VVV, I.VU pm City Council: Tuesday, June 27, 2006, 6:00 pm Each public hearing will be held at the following loca- tion: saId N6rtIi~--=---Tex Municipal Water Distri tract, North 88032'51 West, a distance of 574.( feet to a point at the sout west corner of said B. C Woods tract, the northwe corner of North Tex; Municipal Water Distri tract, and in the east line I a tract of land described: a deed to North Tex, Municipal Water Distric as recorded in Volurr 2281, Page 358 of tr Deed Records of Colli County, Texas; THENCE along the we: line of said B.C. Wood tract, the east line of sai North Texas Municip< Water District tract, Nort 01032'59" East, a distanc of 389.36 feet to a point fc corner; THENCE continuin along the west line of sai B.C. Woods tract, the eai line of said North Texa Municipal Water Distric tract, and the east line of tract of land described in deed to Iona H. Ingram, a recorded in Volume 82t Page 579 of the Deel Records of Collin Count) Texas, North 00032' 13 East, a distance of 658.8 feet to the northwest corne of said B.C. Woods trac and the southwest corne of Regency Business ParI #2, an addition to the Cit; of Wylie, .collin County Texas, as recorded il Cabinet G, Slide 92 of the Map Records of Collil County, Texas; 38.130 acre tract, North 44040'00" West, a distance of 1049.45 feet to a point for corner in the centerline of said Sachse RoadlBallard Avenue (variable width right-of- way); City Council Chambers of THENCE with the center- the Municipal Complex line of said Sachse 2000 Highway 78 North, RoadlBallard Avenue Wylie, Texas (variable width right-of- This notice has been sent way), North 45005'59" to all owners of real prop- East, a distance of 3484.74 erty within" 200 feet of the feet to the POINT OF request as such ownership BEGINNING and contain- appears on the last ing 287.68 acres ofland. approved city tax roll. 52-lt-339- Action by the Planning and ~3 . Zoning Commission serves INANCE NO. 1as a recommendation to the 2006-29 City Council and is not a AN ORDINANCE OF final action on the request. THE CITY OF WYLIE, If the Commission recom- TEXAS, AMENDING menc:ls denial, a three- ORDINANCE NO. 2005- fourthS majority vote by 41, WHICH ESTAB- the City Council shall be LISHED THE BUDGET required for approval. FOR FISCAL YEAR Zoning districts, amend- 2005/2006; REPEALING ments and conditions rec- ALL CONFLICTING ommended by the ORDINANCES; PRO- Commission for approval VIDING FOR A SEVER- by the City Council may be ABILITY CLAUSE; AND more restrictive than those PROVIDING FOR AN described in this notice. EFFECTIVE DATE. All interested persons are ORDINANCE NO. 2006- encouraged to attend the 31 public hearing and express AN ORDINANCE OF their opinions on the zon- THE CITY OF WYLIE, ing change request. If you TEXAS, SETTING A are unable to attend, but DATE, TIME AND wish to have your opinions PLACE FOR THE CITY made a part of the public COUNCIL TO CON- record, please complete the DUCT A PUBLIC HEAR- enclosed form and return it ING TO CONSIDER THE prior to the public hearing. THOROUGHFARE CAP- Please print your name, ITAL IMPROVEMENTS address of the property you PLAN; PROVIDING FOR own and the tax account REPEALING, SAVINGS number (if applicable) on AND SEVERABILITY the enclosed form and CLAUSES; AND PRO- return it to the following VIDING FOR AN EFFEC- address: TIVE DATE HEREOF City of Wylie John Mondy, Department of Planning Mayor 2000 Highway 78 North ATTEST: Wylie, TX 75098 2-lt-3 - If the property owners of THENCE along the nortl line of said B.C. Wood~ tract, the south line of saic Regency Business Park #2 and the south line of a trac of land described in a deec to John P. Pennington, a~ recorded in Volume 2726 Page 986 of the Deed