Ordinance 1993-04
4;-1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE IMPACT
FEE ORDINANCE 90-10, AS CODIFIED IN SECTION 19 OF CHAPTER 11 OF THE
WYLIE CITY CODE, REPEALING ALL CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City has heretofore adopted, pursuant to Chapter 395 of the Texas Local
Government Code, an impact fees for sewer and water; and,
WHEREAS, the provisions of the impact fee ordinance (90-10) as now codified in Section
19 of Chapter 11 of the Wylie City Code, provide that such impact fees shall be collected at the
time of issuance of a building permit for each lot is issued; and,
WHEREAS, Section 395.0l6(d) of the LGC provides that such fees may be collected "at
either the time of the recordation of the subdivision plat or connection to the political
subdivision's water or sewer system or at the time the political subdivision issues either the
building permit or the certificate of occupancy permit; and,
WHEREAS, the City Council of the City of Wylie has determined, in its legislative capacity,
that collection of the impact fee at the time of the recordation of the subdivision plat, will best
facilitate orderly growth and development of the City without placing an undue burden on
developers or builders; and,
WHEREAS, the City Council may amend the Impact Fee ordinance, with necessity of public
hearings, further studies, and other formalities required by Section 395 of the LGC, if such
change does not involve the Capital Improvements Plan, Land Use Assumptions, or the Impact
Fee itself;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Section 19.05(b) of Chapter 11, of the Code of Ordinances of the City of Wylie, Texas,
is hereby amended by deleting the existing provisions in their entirety and substituting the
following therefore:
"(b) The impact fees due for a new development shall be assessed prior to or at the time of
platting in the case of a new subdivision. The fees so assessed shall be paid and collected as
follows:
(1) At the time of the recordation of the subdivision plat; or,
(2) At the time of connection to the City's water or sewer system in the event that such new
development occurs or is proposed to occur without platting; or,
(3) At the time of the issuance of the building permit for such development where the final
plat for the subdivision was med prior to the adoption of this ordinance.
Provided, that the collection of such fees is subject to the exceptions as provided by Section
395.019, as amended.
SECTION II
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION III
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION IV
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION V
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DUJ..-Y PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
dlPG? day of ftJA1- u ~ ' 1993.
ATTEST: iJ1~YjtlJwV
Mary Nich s .
City Secretary