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Ordinance 2001-42 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO.. ~ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE IMPOSITION OF INTERIM IMPACT FEES; ESTABLISHING A COLLECTION DATE; ESTABLISHING A DATE TO CALL A PUBLIC HEARING FOR AMENDMENT TO THE IMPACT FEES; PROVIDING AN INTERIM TRANSITION OF SUCH FEES; PROVIDINIG FOR AN EXPIRATION DATE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 77th Legislative Session of the Texas State Legislature enacted Senate Bill 243 ("SB 243") regarding the collection and calculation of impact fees~ and WHEREAS, the amendments in said SB 243 provide for the maximum amount of fee not to exceed fifty percent (50%) unless a credit is established for the actual cost of water and sewer revenues and infrastructure improvements through ad valorem taxation and the calculation of impact fees as authorized by ~ 395 of the TEXAS LOCAL GoVERNMENT CODE~ and, WHEREAS, the Legislature established a time when such impact fees maybe charged and collected~ and WHEREAS, the City desires to take advantage of its ability to charge impact fees and to comply with the provisions ofSB 243~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. A collection date for the collection of impact fees established hereunder shall be at the time of permitting or in the cases within the extraterritorial jurisdiction at the time an application for an individual meter connection to the municipality's water or wastewater system is filed. SECTION 2. That the City Council hereby calls a public hearing to be set by the City Manager at least thirty (30) days prior to the hearing date for the purpose of establishing a credit for impact fees established under this ordinance. The City Manager is hereby directed to undertake and publish all necessary notices to call such hearing at the date and time set forth herein. SECTION 3. That the Mayor is hereby authorized to sign the appropriate compliance statement under Senate Bill 243 acknowledging compliance \vith the requirements of said Senate Bill. SECTION 4. That prior to establishment of the appropriate credits that the City shall charge for impact fees not to exceed fifty (50%) percent of the established fee~ however, the City may, after the establishment of the credit, provide herein charge the full amount of such impact fee as a condition thereof. In the event that such fee is not paid, the City Council may authorize the collection thereof. PAGE 1 .43031 SECTION 5. That the provisions of this ordinance shall expire ninety (90) days from the date of its passage. SECTION 6. All provisions of the ordinances of the City of Wylie in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Wylie not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. Should any sentence, paragraph, subdivision, 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 so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Wylie, Texas. SECTION 8. That this ordinance shall take effect on the ILL day of ~ ..-:!>UL Y PASSED BY TIlE CITY COUNCIL OF TIlE CITY OF WYLIE, TEXAS, this ...LL day of ~ ,2001. . APPROVED: , 2001. J _ ....fPPROVED AS TO FORM: ?.,}~ ,. ~.,w , .' "B.y: By: City Attorney ~. PAGE 2 43031 l'IIE WYLIE NEWS t:nvcrlng Wylie, Sllch~e, fth".I,hy olltllhe surrllllllllillg orca "" N. nallllld SI. 1'.1). n(l~ .'(i9 Wylir. Trltl1~ 7509R (972) 442-5515 Fnlt (972) 442-4.' I R STATE OF TEXAS COUNTY OF COLLIN nefOl'e me, the undersigned authority. on this day personally appeared Chad Engbrock, of '..HE WYLII~ NEWS, a nen'sfJaper regularly published Ih Collin County. Thxas and having general clrculatJoti In Collin CountJ', Texas, \Vito being by me duly sworn deposed and says tbat the foregoing attached 3CljL Drd. d-- 00 Lli-d-.. n.as lJubllshed in sold newspaper on tlte following dates, to-wit: .~~ 1If, GG-P1-, ~(p , 2001, and , 2001 . ~ Cltad Engbrock Suhscrlbed Hnd s\vorn to before me this the 1 ~ to eel'flr), which witness my hand and seal of office. d.YOr~. D';), , 200 r , ~ Notary Public in Ulld for The State of Texas Ib/ C5#~~1 My CODlmission Expires rl1I-IE WYLIE NEWS 110 N. Illlllnrtl SI. 1'1). n"lt -'(il) W}'lic, Tcltll!t 7.'iIlYR tlncrlns ")lIc, Sad,sc, ftllltpll' allll tI,C surroundlns nted (972) 442-5515 t:nx (972) 442-4318 STATE OF TEXAS COUNTY Oli' COLLIN lJefol'e lite, the ullderslglled Dudltu,lty* on tI.ls dDY personally appeared Chad Ettgbtock* of TilE WYLIE NEWS, a lIelVtll'oper a-egulnrly tmbUshed 'Ii, Collin Cuullty* texas aud having general circulatlon'n Collin CUUII'Y, 'n~xns, ,,'ho being by .ne duly slVoni deposed Dlld says that the toregohtg aUached ~ ~ d .ff d-Ool- Y:L ,''os published hi' old newsl,ol,er 011 the toll ,'ng dates* to-\vlt! 4ep- c~ 1P , 200r', Dlld * 2001 rJlIIt:- ChDd Ellgbrock Subscdbed alld S\VOI"II to before lIIe th.s the M to t:er-tlfJ' ,,,hid. ,,,tt..ess my band nud seal of office. day of r!Jd-: * 2001 L-.-.'" Notary PublJc III Bud fot' The State or 'texas l\1y COlIlIUJssJolI Expires .3J 3) rY-! .