Ordinance 1996-25
ORDINANCE NO. q ~ - ~-S
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
APPENDIX "A" OF THE WYLIE CITY CODE (WYLIE FEE SCHEDULE) BY
ADDING SECTION 43.00 RIGHT-OF-WAY ABANDONMENT FEE;
PROVIDING FOR A PENALTY CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Staff has undertaken a review of its existing fee schedule and
structure and determined that certain new fees be added; and,
WHEREAS, The City of Wylie currently does not have a fee for the abandonment
of right-of-way and has determined there is a need for said fee; and,
WHEREAS, State Law requires that the proceeds from the sale of right -of-way
must be us~to improve or purchase property for similar purposes, the funds would be set
aside for accordingly; and,
WHEREAS, the City Council has reyiewed the suggested addition to the fee
schedule and determined that the same should be adopted and put into effect by the
adoption of this ordinance; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION 1
That Appendix "A" of the Wylie City Code be, and it hereby is, amended to add as
follows:
~ Section 43.00
Right-of-Way Abandonment Fee
Under State Law, cities are precluded from giving property away. Cities must, under
Section 272.001 of the Local Government Code, obtain an appraisal to establish fair
market value. The City is then not allowed to convey, sell, or exchange that land and
those interests for less than the fair market value of the land or interest.
SECTION 2
Any person violating the provisions of this ordinance, or any part thereof, commits
an unlawful act and shall be subject to the general penalty provisions of the Wylie City
Code as set forth in Section 1-1.06, therein, as the same now exists or is hereafter
amended and shall not be allowed their permit, privilege, or license to which the fee
pertains.
SECTION 3
Should any paragraph, sentence, sub-division, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than
the part or parts as declared to be invalid, illegal, or unconstitutional.
SECTION 4
This ordinance shall be in full force and effect from and after its adoption by the
.City Council and publication of its caption as the law and the City Charter provide in such
cases.
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SECTION 5
That all other ordinances and code provisions in conflict herewith are hereby
repealed to the extent of any such conflict or inconsistency and all other provisions of the
Wylie City Code not in conflict herewith shall remain in full force and effect.
SECTION 6
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance,
shall not be construed as abandoning any action now pending under or by virtue of such
ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as affecting any rights of the municipality under any
section or provision of any ordinances at the time of passage of this Ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
on this the .J5 It. day of June, 1996.,;1 /
By l /#/ /i
r:h Swartz, Mayor
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ATTEST: