Ordinance 2003-26
ORDINANCE NO. 2003-26
AN ORDINANCE AMENDING CHAPTER 102 "STREETS, SIDEWALKS
AND OTHER PUBLIC PLACES" OF THE CODE OF ORDINANCES OF
THE CITY OF WYLIE, TEXAS; ESTABLISIDNG RULES AND
REGULATIONS GOVERNING PERSONS RESPONSIBLE FOR
MAINTENANCE AND REPAIR OF SIDEWALKS; PROVIDING FOR A
PENAL TY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES;
PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be beneficial and advantageous to the citizens of the
City of Wylie, Texas ("Wylie") to adopt rules and regulations governing persons responsible for
maintenance and repair of sidewalks; and
WHEREAS, it is in the interest of the public health, safety and welfare that streets,
sidewalks and other public places are repaired and maintained; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for this Ordinance have been performed and completed in the manner
and form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findines Incorporated. The fmdings set forth above are incorporated
into the body ofthis Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 102 "Streets. Sidewalks and Other Public
Places" of Wylie's Code of Ordinances. Chapter 102 "Streets, Sidewalks and Other Public
Places" of Wylie's Code of Ordinances is hereby amended by adding the following:
,
Section 102-76. Sidewalk Repair; Persons Responsible.
(a) At any time after the construction of any sidewalk, the city reserves the right to
inspect such facility and require such repairs or maintenance as may be necessary
to protect the public. The cost of any such repair or maintenance shall be
assessed against and borne by the owner, agent in charge or tenant of the
property abutting the sidewalk. All repairs and maintenance shall meet the
standards for construction of sidewalks set forth in the City of Wylie
Thoroughfare Standards Manual, Section V, Sidewalk Location and Design
Standards and City of Wylie Thoroughfare Standards Manual, Standard
Construction Details.
(b) It shall be the duty of the owner, agent in charge or tenant of property abutting on
any sidewalk to keep such sidewalk in good and safe condition and free from any
defects of whatever kind or character. In this connection, any sidewalk which
has become or is defective, unsafe or hazardous is hereby declared to be a
nuisance, and the failure of any owner, agent in charge or tenant, to construct,
reconstruct or repair any such sidewalk within thirty (30) days from the date of
written notice form the city's building official to do so, shall constitute a
misdemeanor.
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 subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00),
unless the violation relates to fire safety, zoning or public health and sanitation, including
dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND
NO/100 DOLLARS ($2,000.00). 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: Savines/Repealine Clause. Chapter 102 of 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 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
ordinances shall remain in full force and effect.
SECTION 5: Severabilitv. 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 from and after its
adoption and publication as required by the City Charter and by law.
PASSED AND APPROVED by the City Council ofthe City of Wylie, Texas this 9th day
of December, 2003.
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THE WYLIE NEWS
-COvenng WylIe, Sachse, Murphy and the surroundmg area
110 N. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
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
.2r
ordinance no. 2003-~6, City of Wylie
was published in said newspaper on the following date(s), to-wit: Dec. 17,2003.
~.
Chad Engbrock, publisher
Subscribed and sworn before me on this, the
!J-YP'-
day of ~
, 2001
to certify which witness my hand and seal of office.
...........,..."'~"____"'<ll,g
..-~
6-::"~''!.~''V.'';- ADA l. MOONEY
~ ~ ~ Notary Public
· ~. State of 'fexes
~ My Cpmm hI' ".02~7
{)L K'(~~7
Notary Public in and for
The State of Texas
My commission expires [Jf" O.l. - tJ J
Page 8 - Section B - THE WYLIE NEWS - Wednesday, December 17.2003
Public Notices...continuedfrom page 7B
Address sealed bids to:
President and Board of
Directors
North Texas Municipal
Water District
505 East Brown Street,
P.O. Box 2408
Wylie. Texas 75098.
With the bid. a Bidder
must submit a cashier's
check, certified check. or
acceptable bid bond with
their proposal as a guaran.
tee that the Bidder will
enter into a contract with
the Owner upon Notice of
Award. The bid security
must be payable to North
Texas Municipal Water
District in the amount of 5
percent of total bid submit.
ted.
after the time of opening
and for 60 days thereafter.
The North Texas
Municipal Water Distri t
reserves the right to reject
any or all bids or to waive
any formalities and to
accept the. Bid which it
deems most favorable to
the interest of the Owner
after all Bids have been
examined.
, d~
Performance an . ent
Bonds are requi om
the successful Bid r, each
in the amount of 100 per-
cent of the contract price.
A certificate of insurance
will also be required.
North Texas Municipal
Water District
No Bid may be withdrawn Marvin Fuller
PROVIDING FOR
REPEALING, SAVINGS.
AND SEVERABILITY
CLAUSES; PROVIDING
AN EFFECTIVE DATE
OF THIS ORDINANCE:
AN ORDINANCE AND PROVIDING FOR
AMENDING CHAPTER THE PUBLICATION OF
102 "STREETS, SIDE- THE CAPTION HEREOF.
WALKS AND OTHE, 30-lt-339
PUBLIC PLACES" OF '" /
THE CODE OF ORDI.
NANCES OF THE CITY
OF WYLIE, TEXAS:
ESTABLISHING RULES
AND REGULATIONS
GOVERNING PERSONS
RESPONSIBLE FOR
MAINTENANCE AND
REPAIR OF SIDE.
WALKS; PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE:
President.
rectors
Board of
29-3t-2'S5
"
NOTICE TO
CONTRACTORS
NORTH TEXAS
MUNICIPAL WATER
DISTRICT
UPPER EAST FORK
INTERCEPTOR
SYSTEM
INDIAN CREEK
TRUNK SEWER
EXTENSION
Automobiles I Trucks
ORDINANCE NO,
2003-26
· OVER 600 VEHI4
· WE'LL BEAT ANY DEAL O~
· WE WORK TO GET YOU T'
. $10,000,000 IN A
O/nA