Ordinance 2006-43
ORDINANCE NO. 2006-43
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
CHAPTER 78 (PARKS AND RECREATION), SECTION 78-72
(DEDICATION PROCEDURES), PARAGRAPH (a) OF WYLIE'S CODE
OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FORAN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas, (the "City Council") has
investigated and determined that Chapter 78 (Parks and Recreation), Section 78-72 (Dedication
Procedures), Paragraph (a) of the City of Wylie, Texas' ("Wylie") Code of Ordinances should be
amended as set forth below; and
WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Wylie to amend Chapter 78 (Parks and Recreation), Section 78-72
(Dedication Procedures), Paragraph (a) Wylie's Code of Ordinances 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 of Chapter 78 (Parks and Recreation), Section 78-72 (Dedication
Procedures), Paragraph (a) of Wylie's Code of Ordinances. Chapter 78 (Parks and Recreation),
Section 78-72 (Dedication Procedures), Paragraph (a) of Wylie's Code of Ordinances is hereby
amended to read as follows:
(a) Whenever a final plat is filed of record with the county clerk of Collin County, Dallas
County and/or Rockwall County, Texas for development of a residential area (including single-
family and multifamily residential areas) in accordance with the subdivision, planning and zoning
ordinances of the city, such plat shall contain a fee simple dedication of an area ofland to the city for
park purposes, which area shall equal five acres for each 100 proposed dwelling units. The
dedication required by this article shall be made by filing of the final plat and/or, in the city's sole
discretion, contemporaneously by separate instrument in the form of a warranty deed approved by the
city. If the actual number of completed dwelling units exceeds the figure upon which the original
dedication was based, such additional dedication shall be required, and shall be made by payment of
money in lieu ofland as provided in this article or by the fee simple dedication ofland to the city by
separate instrument in the form of a warranty deed approved by the city, at the sole discretion ofthe
city council.
Ordinance No. 2006-43
AMENDING CHAPTER 78 (PARKS AND RECREATION)
Page 1
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating:
this Ordinance 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 4: Savings/Repealing Clause. Wylie's Code of Ordinances 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 to the extent they are in conflict; but
such repeal shall not abate any pending prosecution for violation ofthe 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 ordinances shall remain in full force and
effect.
SECTION 5: Severability. Should any section, subsection, clause or phrase of this
Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is
expressly provided that any and all remaining portions ofthis Ordinance shall remain in full for force
and effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall be effective immediately upon its passage
and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 25th day of July, 2006.
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ATTESTED AND CORRECTLY
RECORDED:
Date of publication in The Wylie News - August 2.2006
Ordinance No. 2006-43
AMENDING CHAPTER 78 (PARKS AND RECREATION)
Page 2
* C&S Media, Inc.
'Q[be jfarmerlluiUe 'Q[imelle Murphy Monitor e The Princeton Herald. The Sachse News e THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
~l
J-D3-----
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
Ordinances Numbers 2006-43, 2006-46 and 2006-47
was published in said newspaper on the folIo . g ate, to-wit: August 2, 2006
Subscribed and sworn before me on this, the
q
Chad Engbrock, Publisher
day of -!l1J~2006
to certify which witness my hand and seal of office.
Not Y Public in and for
The State of Texas
My commission expires '2- ,"2:.. I. WIO
.<>~~':.~'~~f~'-" TAMMY BURTON
$"~". ',~~ N P bll St t f Ii
~ : : ~ otary U c, a e 0 exas
t:..... ....;: My Commission Expires
~t..'.'\."""':~ F b 21 2010
""f,~,\,1\\'" e ruory .
Murphy/Sachse/Wylie Office. 110 N. Ballard. P.O. Box 369. Wylie, TX 75098.972-442-5515. fax 972-442-4318
Fannersville/Princeton Office. 101 S. Main. P.O. Box 512. Farmersville, TX75442. 972-784-6397 . fax 972-782-7023
AN ORDINANCE OF'
THE CITY OF WYLIE,
TEXAS, AMENDING
THE COMPREHENSIVE
ZONING ORDINANCE
OF THE CITY OF
WYLIE, AS HERETO-
FORE AMENDED, SO
AS TO CHANGE THE
ZONING ON THE
HEREINAFTER
DESCRIBED PROPER-
McGraw Hill TY, ZONING CASE
Construction Dodge NUMBER 2006-08, TO
9155 Slerling Street, PLANNED DEVELOP-
Ste.160 MENT 2003-01 TO
Irving, Texas 75063 ALLOW FOR A SPORTS
Phone (972) 819-1400 COMPLEX; PROVID-
., r46rrIi.~~~t!~,,;;~1'~3'; .,~,~~.tilit,,~s~
Reports , OF THIS ORDINANCE;
11325 Pegasus #233W PROVIDING FOR THE
Dallas, TX 75238 REPEAL OF ALL ORDI-
Phone (214) 342-9200 NANCES IN CONFLICT;
PROVIDING A SEVER-
ABILITY CLAUSE;
AND PROVIDING FOR
AN EFFECTIVE DATE.
1349 Empire Centr~l '
Drive
Suite 1000
Dallas, Texas 75247-4066
phone (214) 631-6100
Fax (214) 631-6109
E-mail:
cmanning@apaienv.com
The cost for Contract
Documents is $375 per
set for full'size docu-
ments, $275 per set fo;
half~size documents, or
$100 per CD-ROM for
PDF documenls. The
cost of Conlract
Documents is not refund-
ahle. Submit check,
cashier's check or money
order for payment. Cash
will not be accepted.
Contract Documents arc
on file and may be eXam-
ined without charge in the
offices of the North Texas
Municipal Water District
at the address where pro:..
posals are to be received,
or at the offices of Alan
Plummer Associates, Inc.,
at. the address listed
above. Contract
Documents are also on
file in the following Plan
Rooms:
Direct questions regard.
iog distribution of
Contract Documents and
queslions related 10 the
design of the project to
Mr. Charles Manning,
P.E, All questions must
be submitted in writing,
at least forty-eight (48)
hours I)efore the bid
opening and may be sub-
mitted to Alan Plummer
Associates, Inc., AUo:
Charles Manning, P.E, via
mail. fax or e-mail (con-
tact information provided
above).
ORDINANCE NO.
2006-43
AN ORDINANCE OF
THE CITY OF WYLffi,
TEXAS, AMENDING
CHAPTER 78 (PARKS
AND RECREATION),
SECTION 78-72 (DEDI-
CATION PROCE-
DURES), .PARAGRAPH
(a) OF WYLffi'S CODE
OF ORDINANCES;
PROVIDING FOR A
PENALTY FOR THE
VIOLATION OF THIS
ORDINANCE; PROVIIJ-
ING FOR REPEALIN(};
SAVINGS AND SEVER-
ABILITY CLAUSES;
AND PROVIDING FOR
AN EFFECTIVE DATE
OF THIS ORDINANCE.
ORDINANCE
NO. 2006-46
ORDINANCE NO.
2006-47
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, ADOPTING
THOROUGHFARE
IMPACT FEES TO BE
ASSESSED BY THE
CITY OF WYLIE,
TEXAS; ESTABLISH-
ING A COLLECTION
DATE; ESTABLISHING
PROCEDURES AND
REGULATIONS
REGARDING THOR-
OUGHFARE IMPACT
FEES; AUTHORIZING
THE MAYOR TO SIGN
THE APPROPRIATE
COMPLIANCE STATE-
MENT; PROVIDING
FOR REPEALING, SAV-
INGS AND SEVER-
ABILITY CLAUSES:
AND PROVlIlING FOR
AN EFFECTIVE DATE
OF THIS ORDINANCE.
Bidders must submit a
cashier's check, certified
check. or acceptable bid-
der's bond with their pro-
posal as a guarantee that
the Bidder will enter into
a contract for the project
with the Owner within ten
(10) days of Notice of
Award of the contract.
The security must be
payable to the North
Texas Municipal Water
District in the amount of
five percent (5%) of the
maximum lotal bid sub- John Mondy, Mayor
mitted. Contractor must ATTEST:
execute 'the contract,
bonds and certificates of Carole Ehrlich,
insurance on. the forms City Secretary
provided in the Conttact l 1I-11-339-8911
n'llilIf"A~t~,_, n~~. ".n "Un ".., '"''0'''
A perfonnance bond and a
payment bond, each in Ihe
amount of not less than
one hundred (100%) per-
cent of the contract price,
conditioned upon the The TCEQ Executive
faithful performance of Director has completed
the contracts, and upon the technical review of the
payment of all persons applicatio~ and prepared a
"'N>tl"~8 1""'=~f~.....aft;>errniL The .draft
nishing materials. will be permil, if approved, would
required. establish the conditions
under which Ihe facility
must operate. The
Executive Director has
made a preliminary deci-
sion that this pennit, if
issued. meets all statutory
and regulatory require-
ments. The permit appli-
cation, Executive
Director's preliminary
decision, and draft permit
are available for viewing
and copying at U.S. Anny
Corps of Engineers,
Lavon Lake Project
Office. 3375 Skyview
Drive, Wylie, Texas.
I
At this time and place the
proposals will be publicly
opened and read aloud.
Any bid received after
closing time will be
returned unopened.
Contracl Documents,
including Plans and
Specifications, are on file
and may be examined or
procured in the office of
the North Texas Municipal
Water District, Wylie,
Texas, Telephone # (972)
442-5405.
A cashier's check, certi-
fied check or acceptable
bidder's bond, payable to
the North Texas Municipal
Water District in an
amount not less than five
(5%) percent of Ihe bid
submitted, must accompa-
ny each bid.8s a guarantee
thaI, if awarded the con-
tract, Ihe Bidder will,
within fifteen (IS) days
after receipt of Notice of
Award, enter into a con-
tract and execute bonds on
the forms provided in the
Contract Documents.
In case of ambiguity or
lack of cleamessin stating
proposal prices, the North
Texas Municipal Water
District reserves the right
to adopt the most advanta"
geous construction there-
of, or 10 reject any or all
bids, and waive formali-
lies. No bid may be wilh-
drawn wilhin sixty (60)
days after date on which
bids are opened.
NORTH TEXAS
MUNICIPAL WATER
DISTRICT
By: Ken Ben
Presidebt,
Board of Directors
11-3t-235-107Ii
NOTICE OF PUBLIC
HEARING
A public hearing will be
held by the PIlmning and
Zoning Commission of
Ihe City of Sachse, Texas
al 7:00 P.M., Monday,
. August 14, 2006, at City
Hall, 5560 SH 78 to con-
sider Ih~ application of
Charles Smith, requesling
a change in zoning from
Residenlial-5 (R-5)
Districl to Commercial-I
(C-)) Neighborhood
Shopping District.
J.. ~~el ,~~,~~ll.is ~~~~';"~.
SION. U.S. Army Corps
of Engineers. 3375
Skyview Drive, Wylie,
Texas 75098, has applied
to the Texas Commisshln
on Environmental Quality
(TCEQ) for a renewal of
TPDES Permit No.
12055-001, which author-
izes the discharge of treat-
ed domestic wastewater at
a daily average flow not to
exceed 18,000 gallons per
day. TCEQ received thi,
application on March 4,
2006.
The facility is located in
Avalon Park, on the' south
side of _ La von Lake,
immediately northwest of
Lavon Dam, and approxi-
mately 2.5 miles north-
west of the intersection of
Slate Highway 78 and
State Highway 205, in
Collin County, Texas. The
treated effluent is dis-
charged to Lavon Lake in
Segment No. 0821 of the
Trinity River Basin. The
designated uses for
Segment No. 0821 are
high aquatic life uses,
public water supply, and
contact recreation. All
determinations are prelim~
inary and subject to addi-
tional review and/or revi-
sions.
PUBLIC
COMMENT/PUBLIC
MEETING. 'you may
submit publie eomments
or request a publie meet-
ing about this applica-
tion, The purpose of a
public meeling is to pro-
vide the opportunity to
submit comments or to
ask questions about the
application. TCEQ holds
a public meeting if the
Executive Director deter-
mines that there is a sig-
nificant degree of public
interest in the application
or if requested by a local
legislalor. A public meet-
iog is not a contested case
hearing,
OPPORTUNITY FOR A
CONTESTED CASE
HEARING. After the
_ A..g,:Uinl"_ f{'or <mhm;H;"n