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.
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~~~`~~~y ~ F ~i d , Mayor
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ATTEST: ~ V:
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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