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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. \\\11111/"'1/ ",,\\ 0 f W ~/II/,/ ...." ~ ............ (/... ~ ~ ^' .' '. <<' ' ~ ,.,' "" ~ :: U: e:=::-~ 10~ -:. = f CJ::\L l ~ . tJ.~"~ & - :. ~. e::::::. .: ~ ". ""- """" ...... ~ .... .... ':::> $' ~, VI; ........... ~~ ,~ "'1" YL IE, ,'t.. II"~"~ //"''''11\\\\ 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