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Ordinance 2023-44 ORDINANCE NO. 2023-44 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2021-17, AS AMENDED, APPENDIX A — COMPREHENSIVE FEE SCHEDULE, ARTICLE IV (ENGINEERING FEES), AMENDING SECTION D (ENGINEERING INSPECTION FEES) REGARDING THE UPDATING OF FEES IN RESPONSE TO THE IMPLEMENTATION OF HOUSE BILL 3492; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Texas Local Government Code, §212.906, effective September 1, 2023, prohibits a city from considering the cost of constructing or improving the public infrastructure for a subdivision, lot, or related property development in determining the amount of a fee assessed by the city for an application, review, engineering, inspection, acceptance, administrative, or other fee imposed by the city related to the acceptance, review, or processing of engineering or construction plans or for the inspection of improvements for construction of a subdivision or lot or a related improvement associated with or required in conjunction with that construction; and WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") finds it is necessary and in the public interest to adopt this Ordinance for the purpose amending Wylie's Engineering Inspection Fees to conform to the above amendment to state law. 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 to Appendix A (Wylie Comprehensive Fee Schedule) Article IV (Engineering Fees), Section D (Engineering Inspection Fees) of the Wylie Code of Ordinances. Appendix A(Comprehensive Fee Schedule),Article IV(Engineering Fees), Section D(Engineering Inspection Fees) of the Code of Ordinances is hereby amended as follows: "APPENDIX A WYLIE COMPREHENSIVE FEE SCHEDULE D. Engineering Inspection Fees. Each project shall be charged an engineering inspection fee. The fee shall be in accordance with the table below and shall apply to any public work utilities improvements and paving improvements which are to be dedicated to the City of Wylie,Texas,or designated as public improvements. Such items shall include,but not be limited to: street paving, sidewalk, storm drainage,water mains, sewer mains, commercial parking areas, and other items designated for conveyance to the city after completion of improvements through the process of public dedication. These fees shall be paid prior to the start of construction and the basis of fees must be supported by engineer certification of the summary of quantities for each element of the public improvement category(storm, paving, water, and sewer) from the approved construction plans. Ordinance No. 2023-44 Engineering Inspection Fees Page 1 of 2 Inspection Fees for Public Improvements on Projects: Length of Public Storm Sewer Pipe or Culvert Installation- $4.86 per Linear Foot(LF) Area of Public Pavement, Including Sidewalks -$2.72 per Square Yard(SY) Length of Public Water Main Installation - $4.40 per Linear Foot(LF) Length of Public Sanitary Sewer Installation- $1.66 per Liner Foot(LF) SECTION 3: Savings/Repealing Clause. 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 4: Severability. 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 any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall be effective 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 26th day of September, 2023. D � t phew Porter,Mayor r it ATTEST: jwk4 Stephanie Storm City \" `®an"P Ste p , y 8670 SF ITL oi' w Date of Publication: Octo '—d 2023 in The Wylie News Ordinance No.2023-44 Engineering Inspection Fees Page 2 of 2 L,br IflrucF"r5uilla =srrtrs Vlurpliy Monitor • The i'rincel'.croa 111>1•afci .`;ach, Nc cz • `!`{3GWV1.IE NF,tVS o = STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published i Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legalice—Ordinances No. - 4, No. 23-45,No. 2023-46 and No. 3- 7 was published in said newspaper on the following date(s), to-wit: October 4,2023 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 5th day of October, 2023, to certify which witness my hand and seal of office. i SONIA A DUGGAN Notary ID#126646343 Notary Pu11C i3F form._ My Commission Expires 1 _ August 12, 2024 The State of Texas ., _ x * 4 y commission expires 0 /12/2024. vlurhh�iS.rch�e�lVritc Office• i 10 R.Ballard•N.O.Hox 369-NVyh I:. -972.442 i.'i.� 1;unu rs illc 1'i:uctr+n t)Ilica• 10! 5,%1a6n-I'.O Box 51 •I'arrncr:.eillc. I 142®c!7,'2_784 (''07 said Partnership are mercial Corridor (CC) Ordinance Omar AH - Member to Commercial Corri- No.2023.45 and Joe Hackler - dor - Special Use Per- Member. mit (CC-SUP), to al- An ordinance of the low for an automotive City of Wylie, Texas, -2t- repair, major use; pro- amending the Com- viding for a.penalty for prehensive Zoning the violation of this or Ordinance of the City LEGAL NOTICE dinance; providing for of Wylie, as hereto- the repeal of all ordi- fore amended, so as Application has been nances in conflict;pro- to change the zon- made with the Texas viding a severability ing on the hereinafter Alcoholic Beverage 'clause; and providing described property, Commission for a for an effective date. Zoning Case Number Wine and Malt Bev- 2a23-13," from Korn- erage Retailer's Per- Ordinance mercial Corridor (CC) mit(B ).;Jai Mahab- o.2023- 7 to Commercial Cor- Corp.... dba Grab ridbr - Special Use n Go to be located at An ordinance of the Permit (CC-SUP), to 201,S State Hwy 7 , City,of Wylie, Texas, allow fora restaurant Wylie IX 75098,Col- amending Wylie's with drive-thru use; fin CountY,1 Texas,Of Code of Ordinances„ providing for a penalty ficer of corporation is (Ordinance No. 2021- for the violation of this Rocky Patel. 17,as amended,Chap ordinance; providing 23-2t-211i ter 78 (parks and rec for the repeal of all " reation) Article VIII ordinances in, conflict; (planting, maintaining providing a severabil- OF trees, shrubs on public ity clause; and provid-= property), Section 78- ing for an effective Ordinance 256(B)(3)A. (adjacent date. No.2023-44 landowner responsibil- ity); increasing the re- Ordinance An ordinance of the quired clearance height No,2024 City of Wylie, Texas, of trees and shrubs that amending Wylie extend over the curb An ordinance of the Code of Ordinances, line; providing'for re City of Wylie, Texas, Ordinance No. 2021-, Pealing, savings and amending the Com- 17, as amended, Ap- severability clauses; prehensive Zoning pendix A - .compre- Providing for an effec Ordinance of the City di tive date of this or of Wylie, as hereto- Article IV (engineer- 'lance; and providing fore amended, 'so as ' ing' fees),; amending for the,;publication of to change the zon- Section D (engineer- the caption hereof, ing on the hereinafter ing inspection fees) described property, 23-gt-t2sli regarding the updating Zoning Case Number of fees in response to 2023-i2,' from Com- the implementation of house bill 3492; pro- viding for repealing, savings and severabil- ity clauses; providing for an effective date of this ordinance.