Ordinance 1978-08
ORDINANCE # 78-8
AN ORDINANCE AMENDING SUBDIVISION ORDINANCE #71-11 AS AMENDED SECTION 9-14-10
(B) PENALTY; SEVERABILITY; EFFECTIVE DATE.
WHEREAS, in order to promote and protect the general health, safety, and wel-
fare of persons residing within and adjacent to the cities of this
State; and,
WHEREAS, the "Municipal Annexation Act," Article I Section 3.A.1 Establishes
Extraterritorial Jurisdiction.
(1) The extraterritorial jurisdiction of any city having a popula-
tion of less than five thousand (5,000) inhabitants shall consist
of all the contiguous unincorporated area, not a part of any
other city, within one half (~) mile of the corporate limits of
such city; and,
WHEREAS, Section 4 of said act, states that the governing body of any city
may extend by ordinance to all of the area under its extraterritorial
jurisdiction the application of such city's ordinance establishing
rules and regulations governing plats and subdivision of land; pro-
vided, that any violation of any provision of any such ordinance out-
side the corporate limits shall not constitute a misdemeanor under
such ordinance nor shall any fine provided for in such ordinance be
applicable to a violation within such extraterritorial jurisdiction;
and,
WHEREAS, the City of Wylie Subdivision Ordinance #71-11 as amended provides
for such extension of said ordinance to all of the area under its
extraterritorial jurisdiction but doesn1t exempt that area from the
penalty provided in Section 9-14-10 (B).
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE that,
Section 9-14-10 (B) Penalty be amended by adding; Exemption To Penalty - any
violation of any provision of the ordinance outside the corporate limits of
the City of Wylie shall not constitute a misdemeanor under this ordinance nor
shall any fine provided for in this ordinance be applicable to a violation
within such extraterratorial jurisdiction, however a district court shall have
the power to grant any or all types of injunctive relief in such cases.
9-14-10: (D) Severabil i ty
If any section or part of any section, paragraph or clause of this
Ordinance is declared invalid or unconstitutional for any reason, such
declaration shall not be held to invalidate or impair the validity,
force or effect of any other section or sections, part of section,
paragraph or clause of this ordinance.
9-14-10: (E) Effective Date
This Ordinance shall become effective immediately upon its publication
and all persons interested in dividing or subdividing a tract of land
situated within the corporate limits, or within the one-half (~) mile
extraterritorial jurisdiction, of the City of Wylie are hereby notified
of the entire application and extended enforcement of the entire sub-
division regulation as set out in Ordinance 71-11 as amended and as
applicable to the areas within the City of Wylie Corporate Area.
passed, and approved, this the 13th, day of December, 1977
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William E. Martin
Mayor
ATTEST:
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City Secretary