Ordinance 2007-12 ORDINANCE NO. 2007-12
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING
FEES FOR THE PURPOSE OF ENABLING THE CITY TO CONSTRUCT
NEW FIRE STATIONS; ESTABLISHING FEES FOR T~-IE PURPOSE OF
PURCHASING NEW FIRE FIGHTING EQUIPMENT; ESTABLISHING
PROCEDURES TO ALLOCATE FEES COLLECTED; ESTABLISHING
PROCEDURES FOR APPEALS; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR 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 advantageous and beneficial to the citizens of the City of Wylie,
Texas ("Wylie") to establish fees for the construction of new fire stations and the purchasing of new
firefighting equipment; and
WHEREAS, the City Council has determined that it is safer for citizens and visitors to the
City of Wylie to provide funding for the construction of new fire stations and new firefighting
equipment necessitated by new development; and
WHEREAS, the City Council has determined that to the extent that new development
creates demands for public Fire Department facilities and equipment, those demands should be
satisfied by shifting the responsibility for financing such public facilities and equipment from the
public to the development creating the demands; and
WHEREAS, the City Council has determined that the methodologies and analysis used by
City staff in determining the amount to be imposed herein as a Fire Development Fee are reasonable
and proportionate to the need created by the new development and to the benefit received by the new
development; and
WHEREAS, the City Council has determined that the Fire Department's capital
infrastructure is designed to be mutually reinforcing for safety in that fire stations and firefighting
equipment provide back-up and coverage throughout the Fire Department's service area regardless of
the physical location of a call for service within that area.
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: Definitions. For purposes of this Ordinance, the following terms are defined
as follows:
Ordinance No. 2007-12
Fire Development Fee Page 1
' Dwelling Unit - Any residential unit having one (1) or more rooms, either as a free standing building
or a portion of a building, designed or intended to be used, for occupancy by one (1) family for living
and sleeping quarters, including but not limited to a house, duplex, quad-plex, town home,
manufactured home, mobile home or apartment unit, but excluding hotel or motel units.
Fire Department - The City of Wylie, Texas fire department. _
Fire Development Fee - The fee established by Section 3 below.
Property - Any real property that is the subj ect of any development activity, subdivision or permit
application.
SECTION 3: Fire Develonment Fees Established. Property owners shall be assessed a fire
development fee ("Fire Development Fee") at the time an application for a building pemut for new
construction is submitted or at the time an application for a building permit to increase the total
square footage of an existing structure by more than fifty percent (50%) is submitted in the following
amounts:
Tvne of Use Fee Amount
Residential $626.00 per Dwelling Unit
Non-residential $0.3000 per square foot
Mixed-use developments shall pay the residential fee amount for each dwelling unit in the
development and pay the non-residential per square foot fee amount for all remaining square foota.ge
in the development for which the residential fee amount for each Dwelling Unit is not paid.
Following any fiscal year in which an update of the Wylie Fire Deparhnent Development Fee Study
is not conducted by the City, the Fire Development Fee amount set forth herein shall be increased
effective on October ls` for the following fiscal year by an amount that reflects the percentage
increase in inflationary costs reported in the Engineering News Record's construction cost index that
was most recently published prior to the effective date of any increase (the "Index"), if the Index
indicates an increase.
SECTION 4: Payrnent of Fire Development Fee. The Fire Development Fee assessed in
accordance with Section 3 must be paid in full prior to the issuance of a building permit by the City
for the Property.
SECTION 5: Account to be Established for Fire Department Fees and Expenditures. All
Fire Development Fees collected shall be placed in an account clearly separate from the City's
general fund.
Ordinance No. 2007-12
Fire Development Fee Page 2
Funds contained in the Fire Department Fee account shall be used to pay for property on which to
build Fire Department facilities, the purchasing of new firefighting equipment, and the construction
or expansion of fire stations and fire training facilities, including but not limited to design,
engineering, construction, and obtaining construction easements and right-of-way, and other costs
reasonably associated therewith as may be approved by the City Council. The City shall determine
the location of the Fire Stations and related facilities and when the construction will begin based
upon factors such as, the amount of development that has occurred, the amount of and timing of
development still expected to occur, the location of existing Fire Stations, information received
regarding future plans for additional Fire Stations, including the amount of time necessary to
construct said stations, and response times to incidents within the Fire Department service area.
SECTION 6: Credits.
1. A property owner who dedicates land, which is accepted by the City, for a Fire Department
facility may be eligible for a credit for such contribution against the Fire Development Fee,
as set forth in this Section 6.
2. The City Engineer shall determine:
A. The value of the owner's contribution;
B. Whether the contribution meets capital improvement needs for which the Fire
Development Fee has been imposed; and
C. Whether the contribution will substitute or otherwise reduce the need for
improvements anticipated to be provided with Fire Development Fee funds.
In no event shall the credit exceed the amount of the Fire Development Fee assessed
pursuant to this Ordinance.
3. Any application for credit must be submitted on forms provided by the City before a building
permit is issued for the Property. The application shall contain a declaration under oath of
those facts which qualify the property owner for the credit, accompanied by the relevant
documentary evidence.
SECTION 7: Appeal Procedures.
1. Applicabilitv. A request for an appeal to the manner of the application of this Ordinance to
Property may be filed by the owner, or the owner's authorized agent, of the Properly pursuant
to this Section. However, the appeal process provided by this Section shall not be available
for criminal violations of this Ordinance.
2. Appeal to City Mana~er. A Property owner may appeal decisions made by the City staff
pursuant to this Ordinance by filing a written appeal with the City Manager within ten (10)
business days of being notified of the decision of the City staff. An appeal filed pursuant to
this Section shall specifically state the basis for the aggrieved party's challenge to the City
staff's decision and the basis for such assertion. All information that the requestor desires to
Ordinance No. 2007-12
Fire Development Fee Page 3
be considered by the City Manager, or his/her designee, in reviewing the appeal should be
submitted with the written appeaL
3. Issuance of Decision bv Citv Mana~er. Decisions of the City Manager shall be issued within
fourteen (14) business days of receipt of the written appeal.
4. Appeal to Citv Council. A Property owner may appeal a decision of the City Manager
regarding an appeal to the City Council by filing a written appeal with the City Manager
within ten (10) business days of the date of the City Manager's decision is issued. If
reasonably possible, and to the extent allowed by law, an appeal to the City Council will be
placed on the City Council's next regularly scheduled meeting for determination. A decision
made by the City Council is final.
5. Factors to be Considered bv Citv Mana~er and Citv Council. The following factors, among
others, may be considered by the City Manager or his/her designee, and the City Council in
hearing an appeal:
A. Whether literal enforcement of this Ordinance would result in materially
different treatment of the Property owner compared to similarly situated
property owners in the City or extreme non-financial hardship;
B. Information considered by the City staff in making an assessment of the
amount of Fire Development Fee;
C. Whether the Property owner is a political subdivision of the State of Texas
funded by tax dollazs; and/or
D. Any other information deemed relevant to the request or necessary to make a
decision by the City Manager, or his/her designee, or the City Council.
SECTION 8: Penaltv Provision. Any person, firm, corporation, or business entity violating
this Ordinance, as amended, 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 right and remedies available to it pursuant to local,
state, and federal law.
SECTION 9: Savin~s/Repealin Cg lause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for
violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced
for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of
conflicting ordinances shall remain in full force and effect.
SECTION 10: 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
Ordinance No. 2007-12
Fire Development Fee Page 4
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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.
SECTION 11: Effective Date. This Ordinance shall become 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 24th day of April, 2007.
Jo Mondy, ayor
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AND CORRECTLY RECORDED: ~.`~~y ' . ~j'%
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Carole Ehrlic City Secretary ~y~ TE'~P~•~~
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Date of publication in The WYlie News - Mav 2, 2007
Ordinance No. 2007-12
Fire Development Fee Page 5
~ C8S Media, Inc.
t '~~je ~F'armer~bi[Ce ~ime~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS
STATE OF TEXAS ~ ~ ~
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COUNTY OF COLLIN 1 ~
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
City of Wylie
Ordinance No. 2007-11 and Ordinance No. 2007-12
was published in said newspaper on the following dates, to-wit:
May 2, 2007
~
Chad Engbrock, Publisher
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Subscribed and sworn before me on this, the day of I~ , 2007
to certify which witness my hand and seal of office.
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o MARY SWANK
o+°r~aY PrB'~' ~ V
Notary Public, State of Texas ; otar Public in and for
;N~~*~~; My Commission Expires ;
y.,; ~;~a september z2, 2oto The State of Texas
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My commission expires
~ECE'~~[~
MAY ~ 1 2007
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Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office •]Ol S. Main • P.O. Box 512 • Fumersville, TX 75442 • 472-784-6397 • far 972-782-7023
ORDINANCE
NO. 2007-12
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, ESTABI:ISH-
ING FEES FOR THE
PURPOSE OF
ENABLING THE CTTY
TO CONSTRUCT NEW
FIRE STATIONS;
ESTABLISHING FEES
FOR THE PURPOSE OF
PURCHASING NEW
FIRE FIGHTING
EQUIPMENT; ESTAB-
LISHIN~ PROCE-
DIJRES ,TO ALLqCATE
FEES COLLECTED;
ESTABLISHING PRO-
CEDUR~S FOR
APPEALS; PROVIDIN~
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR
REPEALING, SAVINGS
ANp SEVERABILITY
CLAUSES; PRQVIDING
FQR AN ~,FF~CTIVE
DATE OF 'I~S pRDi-
NANCE; AND PRbVID-
ING FOR TFIE PUBLI-
CATIUN OF THE CAP-
TIOW ~iER~OR
John Mondy, Mayor
ATTFST:
C~ole Ehrlich,
;
ity Secretiary
50-1t-339-5~i1i