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Ordinance 2009-30 ORDINANCE NO. 2009-30 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2007 -12 SECTION 3 (FIRE DEVELOPMENT FEES ESTABLISHED); AMENDING THE FIRE DEVELOPMENT FEES; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. 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 amend Ordinance No. 2007 -12, Section 3 (Fire Development Fees Established) as set forth below. 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: Amendment to Ordinance No. 2007 -12, Section 3 (Fire Development Fees Established). Ordinance No. 2007 -12 is hereby amended to replace Section 3 (Fire Development Fees Established) originally adopted by Ordinance No. 2007 -12 as follows: "SECTION 3: Fire Development Fees Established. Property owners shall be assessed a fire development fee "Fire Development Fee at the time an application for a building permit 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: Type of Use Fee Amount Residential $450.00 per Dwelling Unit Non residential $0.22 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 footage 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 Department Development Fee Study is not conducted by the City, the Fire Development Fee amount set forth herein shall be increased effective on October 1 for the following Ordinance No. 2009 -30 Amending Ordinance No. 2007 -12 Page 1 559169 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 3: Savings/Repealing Clause. Ordinance No. 2007 -12 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 4: 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. Frisco 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: Effective Date. This Ordinance shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22 day of September, 2009. z e Eric Hogue, Mayo ATTESTED TO AND CORRECTLY RECORDED: OF OF ''rt >,(v!"(p -r 4 1 4 iti7 .,1:, C o e Ehrlich, ecretary T �1 A= •1887• T fin.. WS Date of publication in The Wylie News September 30, 2009 Ordinance No. 2009 -30 Amending Ordinance No. 2007 -12 Page 2 559169 C8�� Media, Inc. ��je �f'armergbilCe �ime� Murphy Monitor The Princeton Herald The Sachse News THE WYLIE NEWS j STATE OF TEXAS I� 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 Ordinance No. 2009-30 was published in said newspaper on the following dates, to-wit: September 30, 2009 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of 2009 to certify which witness my hand and seal of office. Notary Publi i and for The State of Texas My commission expires �C� C�Y Pu o �onia A Duggan 2! n�'� C- v�: y Y Commission Expires l) 9jF 69 /02/2012 Murphy/Sachse/Wylie Office •]]0 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 Farmersville, TX 75442 972-784-6397 fa�c 972-782J023 30 October l, 20Q9 ORDIl�tAT►�C� I�4. AN ORDiNAN�CE OF THE CITY OF VWYLIE, TEXA�, AMEl'�TDI�TG ORDI- NANCE N4. 2007-12 S,ECTION 3`,(FIR,E DEVE'LOPMENT FEES EST1�►►B- LI51��; �NA= ING T�#E; I)�VELE��IvtEN'T FL�. 1'Rt�V��t� FOR REP��I.�hTG, S�►VIl�iGS, ANI) &EV� ERABILITY �.�US- ES; PROVIDII'�{s"i.�3R t4N EFFECTIYE DAT� OF THIS ORD�Nt�NCE. Eti+c Hogue, 1Vlayar R'I'�EST. Carok IInrlic�, Gity: Secn,tary r ZA-1E-33�-�8J