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Ordinance 2008-20 ORDINANCE NO. 2008-20 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE), SECTION 1.00 (WATER AND SEWER RATES AND FEES), SUBSECTION 1.03 (SEWAGE COLLECTION AND TREATMENT RATES); AMENDING CHAPTER ll4 (UTILITIES) OF THE CODE OF ORDINANCES OF THE CITY OF WYLIE TO CREATE A"REPAIR AND REPLACEMENT FUND" FOR SEWER PROJECTS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Citv Council") has determined that using water consumption as a basis for calculating residential sewer charges in all areas of the City of Wylie, Texas ("Wvlie") adds a substantial cost to the billing and collection of the sewer charges of the citizens of Wylie; and WHEREAS, the City Council has investigated and determined that since sewer treatment charges from the North Texas Municipal Water District are fixed regardless of usage, using water consumption as a basis for calculating residential sewer charges exposes Wylie to shortfalls in ~ revenue without a corresponding reduction in cost; and WHEREAS, the City Council has further investigated and determined that the creation of a flat rate for sewer services reduces the considerable cost for the billing and collection of sewer charges of the citizens of Wylie; and WHEREAS, the City Council has also determined that the nature of charging a flat rate allows for the creation of a"Repair and Replacement Fund" for the purpose of segregating funds to finance sewer projects as deemed necessary by the City Council ("Fund"); and WHEREAS, the City Council desires to designate a portion of the flat rate charged to residential customers to be deposited in the Fund to be used for sewer projects as provided herein; and WHEREAS, the City Council has investigated and determined that it would promote healthy and safe living environments, preserve and enhance the quality of life for residences and be advantageous to the welfare of all citizens to adopt the amendments to Section 1.00 (Water and Sewer Rates and Fees) of Ordinance No. 98-16 to provide for the creation of a monthly rate for sewer services for residential customers as set forth herein; and WHEREAS, the City Council has further investigated and determined that it would promote healthy and safe living environments, preserve and enhance the quality of life for residences and be advantageous to the welfare of all citizens to amend Chapter 114 (Utilities) of the Code of Ordinance No. 2008-20 Amending 98-16 (Sewage Collection and Treatment Rates) and Establishing the Repair and Replacement Fund Page 1 512209 v.l Ordinances of the City of Wylie, by adding Article V(Sewage), §114-114 (Repair and Replacement v° ~ Fund) as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: 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 Ordinance No 98-16 (Consolidated Fees and Charges/Fee Schedule), Section 1 00 (Water and Sewer Rates and Fees), Subsection 1.03 (Sewage collection and treatment rates). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule), Section 1.00 (Water and Sewer Rates and Fees), Subsection 1.03 (Sewage collection and treatment rates) is hereby amended to read as follows: 1.03 Sewage collection and treatment rates. (a) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas: (1) Customers who are 65 years of age or older and have a homestead exemption on the service address which appears in the tax records . . . . . . . . . . . . . . . . . . $20.00 u (2) Customers who are disabled and have a homestead exemption on the service address which appears in the tax records ......................................................$20.00 (3) All other customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $27.00 (b) (c)... (d) [reservedJ (e)... SECTION 3• Amendment to Chapter 114 (Utilities) of the Code of Ordinances of the City of Wvlie. Chapter 114 (Utilities) of the Code of Ordinances of the City of Wylie is hereby amended by adding §114-114 (Repair and Replacement Fund) which shall read as follows: "Sec. 114-114. Repair and Replacement Fund. Ordinance No. 2008-20 Amending 98-16 (Sewage Collection and Treatment Rates) and Establishing the Repair and Replacement Fund Page 2 512209 v.l ~M (a) Creation. There is hereby created and established a"Repair and Replacement Fund" ("Fund"). (b) Source of fund. Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule) was amended to establish a monthly rate for sewage collection and treatment services provided to residential customers of the city, including residential customers located outside the corporate limits of the city. Of the monthly rate established for each residential customer in Ordinance No. 98- 16, § 1.03(a)(2), as amended, $2.00 is hereby designated to be paid over to the treasury of the city to be deposited in the Fund. (c) Use of fund. The Fund shall be used for the purpose of financing sewer projects benefiting the city's sewer facilities. (d) Administration. The Fund shall be administered by or under the direction of the city council or its designated representative." SECTION 4: Savings/Repealing Clause. All provisions of Wylie Ordinance No. 98-16 and 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: 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 6: Penalty Provision. Any person, firm, corporation or business entity violating this, as it exists or may be 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 HLJNDRED DOLLARS ($500.00), unless the violation relates to fire safety or public health and sanitation, 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 7: Effective Date. This Ordinance shall become effective May 1, 2008; upon adoption and publication as required by law. Ordinance No. 2008-20 Amending 98-16 (Sewage Collection and Treatment Rates) and Establishing the Repair and Replacement Fund Page 3 512209 v.l DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 8~' day of April, 2008. f ~~~`~~~y ~ F ~i d , Mayor . ATTEST: ~ V: ~ : _ _ • . _ . ~___.______r , - p~, ~ = ~ ; ~ . ; ' ~ ~ : : !yY P~``~``. Ca le Ehrlich, ity ecretary ~~E,~ ~EX~~~~ Date of publication in The Wvlie News - April 16, 2008 Ordinance No. 2008-20 Amending 98-16 (Sewage Collection and Treatment Rates) and Establishing the Repair and Repiacement Fund Page 4 512209 v.l C8~S Media, Inc. „ ~~je ~armer~biCle aGimeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS ~ 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 City of Wylie - Ordinances No. 2008-18, 2008-19, 2009-20 was published in said newspaper on the following dates, to-wit: April 16, 2008. Chad Engbrock, Publisher Subscribed and sworn before me on this, the ~ day of 2008 to certify which witness my hand and seal of office. ~"~'Y Pu' MARY SWANK °=`•P'' B`~- Notary Public, Stete pf Tsxas N1v Cammiss+on ~xDires '"r+r SsPtembar 22~ 201Q otary ublic in and for e State of Texas My commission expires / ' °Z' ~ ~ ~ ~ r MAY' 0 ~ ~008 ~ ~ ~ Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Fazmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farme~sville, TX 75442 • 972-784-6397 • fas 972-782-7023 April 16 -1? ; 24)t}8 - C&S MEDIA PUBLICATIONB - Section C- page 3 ORDINANCE I N0. 20A8-20 AN ORDINANCE OF THE CTI'Y OF WYLIE, 'FEXAS; AMENDING ORDINANCE NO. 98-16 (CONSOi:IDATED FEES .4ND C~iARGE$J~EE SCHEDULE), SECTION. 1.00 (WATER AND SEWER RATES AND FEES), SUBSECTION 1.03 (SEWAGE COL- LECTION AN`D TREAT- MENT RATES); AMENDING CHAPTER 114 (UTILIT'IES) OF THE CObE (7F ORtiI-. NANCES O~ THE CTfY OF WYLIE TO 'C12$ATE A "REPAIR AND REPLACEMENT FUND" FOR SEWER PRO- JECTS; PROVIDING FOR REPEALING, SAV- INGS AND SEVER- ABILITY CLAUSES; PROVIDING FOR PUB- LICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE OF MAY 1, 2008 FOR THIS ORDINANCE. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary