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Ordinance 2009-32 ORDINANCE N0. 2009-32 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING THE FEE ESTABLISHED IN SECTION I OF ORDINANCE NO. 1992-14; AMENDING THE FEE ESTABLISHED BY CHAPTER 54, ARTICLE IV, SECTION 54-66 (WEEDS, RUBBISH, INSANITARY MATTER) OF THE WYLIE CODE OF ORDINANCES; AMENDING EXHIBIT "A" OF ORDINANCE NO. 2009-12 (CONSOLIDATED FEE ORDINANCE) TO ESTABLISH A FEE FOR THE ABATEMENT OF WEEDS, RUBBISH AND INSANITARY MATTER AND THE ABATEMENT OF GRAFFITI; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted Ordinance No. 2009-12 establishing a consolidated fee ordinance ("Consolidated Fee Ordinance") for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council has investigated and determined that it would be in the best interest of the citizens of Wylie to repeal the fee established in Section I of Ordinance No. 1992-14 far the abatement of weeds, rubbish and insanitary matter and amend the fee established for the abatement of weeds, rubbish and insanitary matter in Chapter 54, Article IV, Section 54-66(b) of the Wylie Code of Ordinances and include the fee in the Consolidated Fee Ordinance; and WHEREAS, the City Council has recently amended Chapter 74, Article VII (Graffiti Vandalism) regarding the abatement of graffiti within Wylie; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the Consolidated Fee Ordinance to include a fee for abatement of graffiti; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the Consolidated Fee Ordinance in the manner stated above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1: Findin�s. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 1 557522.v1 SECTION 2: Repealin� Fee Established in Section I of Ordinance No. 1992-14. The fee established in Section I of Ordinance No. 1992-14 is repealed. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time the fee established in Section I of Ordinance No. 1992-14 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution andJor lawsuit from being commenced for any violation of the fee established in Section 1 of Ordinance No. 1992-14 occurring before the effective date of this Ordinance and violations that occurred under said ordinance shall count when determining whether a violation of this Ordinance is a subsequent violation. SECTION 3: Amending Fee Established by Chapter 54, Article IV, Section 54- 66(b) of the Wvlie Code of Ordinances. The fee established by Chapter 54, Article IV, Section 54-66(b) of the Wylie Code of Ordinances is hereby amended as identified in Exhibit "A." SECTION 4: Amending Ordinance No. 2009-12 (Consolidated Fee Ordinance�. Ordinance No. 2009-12 (Consolidated Fee Ordinance) is hereby amended as identified in Exhibit "A." SECTION 5: Penaltv Provision. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Savin s�Repealin� Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 8 Effective Date This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 2 557522.v1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13` day of October, 2009. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED• t �t G 1 Car hrlich, Cit Secretary rs Date of publication in The Wylie News October 21, 2009 Ordinance No. ?009-32 Amendment to the Consolidated Fee Ordinance Page 3 5$�S��.vl Exhibit "A" WYLIE COMPREHENSIVE FEE SCHEDULE I. WATER AND SEWER FEES. A. Water and Sewer Service Deposit. Each water customer shall make a deposit to the City of Wylie, Texas for water service and sewerage service in accordance with the following schedule: (i) Water Deposits (1) 3 inch meter domestic $75.00 (2) 3 inch meter irrigation with domestic account ......................................$50.00 (3) 3 inch irrigation meter without domestic account ...............................$125.00 (4) 1 inch meter domestic ..........................................................................$125.00 (5) 1 inch irrigation with domestic account $75.00 (6) 1 inch irrigation without domestic account $200.00 (7) 2 inch meter domestic ..........................................................................$225.00 (8) 2 inch irrigation with domestic account $115.00 (9) 2 inch irrigation without domestic account ..........................................$340.00 (ii) Sewer Deposit (1) Residential $20.00 (2) Commercial ............................................................................................$20.00 B. Water Rates. (1) The following monthly water rates shall apply to all domestic residential customers within the corporate limits of the City of Wylie, Texas. ALL PRICES ARE FOR 1,000 GALLONS OF METERED WATER. (a) Monthly minimum charge for first 1,000 gallons of inetered water consumption :................................................................$8.90 (b) Volume charge for all consumption exceeding 1,000 gallons: 1,001 to 10,000 gallons :.........................................................$2.82 Over 10,000 gallons :..............................................................$3.68 (2) The following monthly water rates shall apply to all domestic commercial customers, (other than apartments, mobile home parks and other multi- unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 4 557522.v1 metered water consumption $12.15 (b) Volume charge for all consumption exceeding 1,000 gallons :.........................................................................$3.22 (3) The following water rates shall apply to all domestic apartments, mobile home parks, and other multi-unit dwellings, not individually metered, within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of inetered water $12.15 (b) Volume charge for all consumption exceeding 1,000 gallons ..........................................................................$3.22 (4) The following monthly water rates shall apply to all irrigation meters within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of inetered water: (1) Residential irrigation 8.90 (2) Commercial Multifamily ............................................$12.15 (b) Volume charge for all consumption exceeding 1,000 gallons: (1) Residential irrigation $4.08 (2) Commercial irrigation ......................................................$4.08 (5) The monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (6) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them, shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in twenty- five (25) gallon increments at the same rates as the commercial customers. C. Sewage Collection and Treatment Rates. (1) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas: (a) Customers who are 65 years of age or older and have a homestead exemption on the service address which appears in the tax Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 5 557522.v1 records.............................................................................. $20.00 (b) Customers who are disabled and have a homestead exemption on the service address which appears in the tax records $20.00 (c) All other customers ..............................................................$27.00 (2) The following monthly sewage collection and treatment rates shall apply to all commercial customers of the City of Wylie, Texas: (a) Monthly minimum charge first 1,000 gallons of inetered water...... $21.50 (b) Volume charge for all consumption exceeding 1,000 gallons......... 1.82 (3) A sewer fee of twenty-seven dollars ($27.00) shall be charged for each apartment unit, multiple-family unit, or mobile home space and special areas such as washateria, swimming pools, etc., where the apartment, multiple-family development or mobile home park is on a master meter for water consumption with the City of Wylie, Texas. (4) The monthly sewer charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (5) The monthly water and sewer rate charge for residential and commercial customers located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. D. Returned Check Charge. Each and every check or bank draft, used as payment to the City for services, which is returned for insufficient funds, shall have a charge of twenty-five dollars ($25.00) assessed against the account. E. Utility Account Establishment Charge. Each time a customer changes his place of occupancy and requests water service or a change in billing address or a new account is established, a charge of five dollars ($5.00) shall be made. F. Past Due Account Penalty; Restoration Charges. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 6 557522.v1 (1) The charges for water and or sewer service shall be billed and collected monthly as a utility charge payable to the City of Wylie, Texas. All charges not paid within fourteen (14) days from the date that the bill is rendered shall be delinquent, except when the fourteenth (14` day falls on Saturday, Sunday, or a legal holiday under which condition such bill shall be due by 5:00 p.m. Central Time, on the next working day following such Saturday, Sunday, or legal holiday. (2) All payments made after the fourteenth (14` day will bear a late charge or penalty of five (5%) percent on amounts over twenty dollars ($20.00). (3) A customer's utility service may be disconnected if a bill has not been paid or a deferred payment agreement entered into within twenty-six (26) days from the date of issuance of a bill, if proper notice has been given. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection, with the words "termination notice" or similar language prominently displayed on the notice. The information included in the notice shall be provided in English and Spanish as necessary to adequately inform the customer. Attached to or on the face of the termination notice shall appear a statement notifying the customer that if they are in need of assistance with payment of their bill, they may be eligible for alternative payment programs, such as deferred payment plans, and to contact the water department of the City of Wylie, Texas for more information. If mailed, the cutoff day may not fall on a holiday or weekend, but will be on the next working day after the tenth (10) day. Service may not be discontinued for non-payment of a residential account if a permanent occupant of the residence will become seriously ill as a result of discontinued service. If a customer seeks to avoid termination on this basis, the customer must have the attending physician call ar contact the water department within fourteen (14) days of the issuance of the bill. A written statement must be received by the water department from the physician within twenty-six (26) days of the issuance of the bill. The limit on termination shall last sixty-three (63) days from the issuance of the bill or a lesser period if agreed by the parties. The customer who makes such request shall enter into a deferred payment plan to accomplish payment of the bill. (4) If it is necessary to terminate water service for nonpayment, a charge of fifty dollars ($50.00) shall be paid prior to restoration of the service if the service is restored between the hours of 8:00 a.m. and 5:00 p.m., Central Time, on weekdays. At other times, the restoration charge shall be sixty-five dollars ($65.00). (5) If water and sewer service are terminated by customer request, the charge for restoring the service shall be ten dollars ($10.00) which will be added to the next month's bill. G. Temporary Connection Charge. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 7 557522.v1 A fee of twenty dollars ($20.00) shall be paid in advance for temporary water service to a utility customer for activities such as cleaning, plumbing checks, remodeling and so forth. This service will be for three (3) working days, excluding the date the fee is paid. H. Special Service Connection Fee. Upon receipt of an application for service and payment of all required deposits, connection of utility service shall be made by the City. If requested by the customer, and if the application and deposit are received prior to 12:00 noon, all reasonable efforts will be made to connect service by the end of the same working day. If the application and deposit are received after 12:00 noon, and upon payment in advance of a twenty-five ($25.00) special service connection fee, service will be connected by the end of the same working day. Otherwise, all reasonable efforts will be made to connect service by the end of the following day. I. Special Meter Reading Charge. A special meter reading charge of ten dollars ($10.00) shall be charged on the existing water bill when requested by a customer if the reading is determined to be correct. No reading charge will be made if it is determined the original reading was not correct. J. Development/Subdivision Water Charges. All developers or sub-dividers who are tying into the water and sewer system of the City of Wylie, Texas shall pay an initial fee equivalent to the gallon capacity of their water system distribution lines multiplied by a factor of three (3) at the prevailing lowest rate per one thousand (1,000) currently in effect at the time actual usage occurs. The final determination of the amount of gallons to be charged shall be determined by the City Engineer. Any water used subsequent to the initial loading and flushing of the installed lines shall be accomplished by the developer or sub-divider securing a meter attachment to a fire hydrant. This fee shall be due and payable prior to approval of the final plat. K. Charge for Replacing Meter Box. The cost for replacement of 1 inch and under plastic water meter box is seventy-five ($75.00). L. Charge for Replacing Sewer Clean Out Caps. The cost for replacement of property line sewer clean out caps is five dollars ($5.00). M. Meter Testing Fee. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 8 557522.v1 When any utility customer is of the opinion that a water meter is registering incorrectly, the customer may make a request to the City for testing of the meter. A field test will be provided for the customer's meter without charge once every two (2) years. If the customer desires a calibration and certification test, then at the time such request is made, the customer shall make a twenty-five ($25.00) deposit with the City. If the test shows that the meter is registering consumption in excess of actual flow by more than two (2) percent, the meter shall be replaced with an accurate one at the expense of the City, and the twenty-five dollars ($25.00) deposit shall be returned to the customer. If the test shows that the meter is registering consumption at less than actual flow or in excess of actual flow by two (2) percent or less, the twenty-five dollars ($25.00) deposit shall be retained by the City to defer the cost of such test. N. Threshold Conditions In regards to implementation and enforcement of the Drought Contingency Plan (the "Plan"), the City Manager is designated as the official responsible for implementation and enforcement, and the guidelines for the threshold determinations as listed in the Plan are hereby adopted. In the event severe or critical conditions persist (as defined in the Plan) for an extended period of time, the City may ration water usage and/or terminate service to selected users of the system in accordance with the following sequence of increasing priority: (1) Recreation Users (2) Gommercial Users (3) Industrial Users (4) School Users (5) Residential Users (6) Hospitals, Public Health and Safety Facilities O. Penalty (1) Users of City water except for the City, that do not comply with Section 3 of this Ordinance shall be subject to a penalty and fine of not less than one hundred dollars ($100.00) per day no more than one thousand dollars ($1000.00) per day for each day of non-compliance and/or disconnection or discontinuance of water services to such users by the City. The fines shall be listed on Table B of the Plan. (2) It shall be unlawful for any person to do, commit or assist in committing any of the following things or acts in the City: Remove any water meter that has been placed by the City, or changing, interfering with or tampering with any water meter in any manner; prevent water, by any means or devices, from passing through any meter connected directly or indirectly with the lines or mains of the City waterworks, whether sewer service Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 9 557522.v1 customer only or both water and sewer; prevent a meter from registering the amount of water passing through such meter, or prevent or obstruct a meter from accurately registering the quantity of water supplied; or in any way interfere with a water meter's purpose, action or just registration; or whoever, without the consent in writing of the director of the water department diverts any water from any pipes, lines or mains of the waterworks, or otherwise uses or causes to be used any water produced or distributed by the waterworks, or retains possession thereof shall be fined one hundred and fifty dollars ($150.00) and pay for the water estimated by the City to have been used without proper metering. This fine is in addition to any criminal penalties that may be imposed by the City. (3) The presence at any time on or about any meter, water lines or mains of the City, whether such meter, if any, is owned or operated by the City or others, of a pipe or any device or pipes resulting in the diversion of water or the prevention of its free passage and registration by any such meter, or resulting in the diversion from such meter, or resulting in the prevention of water reaching the meter, or resulting in the prevention of just registration of the meter or meters or resulting in the taking of any water except through a lawfully installed meter shall constitute prima facie evidence on the part of the person owning or having custody or control of the room, building, place or premises where such device or pipe is located, of knowledge of the existence thereof and/or knowledge of such existence to the person who would be benefited by the failure of the water to be accurately metered shall further constitute prima facie evidence of intention on the part of such person or persons to defraud and tamper with a meter, and shall bring such person prima facie within the scope, meaning and penalties of this section. This section shall not apply to employees or agents of the City when acting in their official capacity. (4) That a convenience fee of three dollars ($3.00) per transaction be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services. (a) A convenience fee of three dollars ($3.00) per transaction will be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services. (5) That a convenience fee per transaction of one dollar and seventy-five cents ($1.75) for residential customers and business customers be collected at the time of sale for those persons wishing to use credit/debit card to purchase city services on-line. II. GARBAGE, TRASH AND BRUSH FEES. A. Residential Fee; Deposits. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 10 557522.v1 (1) The collection and removal of garbage, rubbish and brush in one (1) polycart container from residential premises, one (1) time per week and one recycle polycart one (1) time per week, shall be made for a charge of eleven dollars and thirty cents ($11.30) per residential unit for each calendar month. (2) Nonresidential customers shall be required to make a deposit equivalent to three (3) months' charges, or a minimum thirty-four dollars ($34.00). (3) Residential fees for each unit of single-family detached or duplex (not master metered) either curbside or alley side service, shall be eleven dollars and thirty cents ($11.30) per month and shall be charged each month on the utility bill. (4) The following collection fees are based upon the type of establishment or collection, to wit: (a) Duplex, per unit .$11.30 per unit (b) Multifamily $11.30 per unit (c) Trailer park $11.30 per unit (5) Each additional Polycart ................................................................................$4.00 B. Commercial Charges. (1) Commercial Hand Collection, per ninety-five (95) gallon polycart Automated Collection Cost: Once (1) per week $22.94 Two (2) carts once (1) per week .....................................................$43.58 (2) Front Load Container Rates lxwk 2xwk 3xwk 4xwk Sxwk 6xwk 2 cu d 78.40 $149.80 $208.60 $291.06 $377.76 465.85 3 cu d 86.80 $163.80 $226.80 $314.16 $423.50 503.12 4 cu d 92.40 $172.70 $242.20 $337.26 $433.66 538.52 6 cu d $107.80 $197.40 $277.20 $381.92 $496.34 613.06 8 cu d $120.40 $226.60 $312.20 $428.12 $553.94 685.73 Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 11 557522.v1 (3) Additional Charges Additional charge of $8.75 per pick up for containers on Casters Additional charge of $8.75 per pick up for containers with 4 sided enclosures Additional charge of $8.75 per pick up for containers with locks 8 cubic yard Cardboard Recycling Container 1 X per week .......................$84.28 8 cubic yard Cardboard Recycling Container 2 X per week .....................$176.74 Front load container exchange charge .........................................................$78.94 (4) Extra Pick Ups 2 cubic yard ..................................................................................................$47.37 3 cubic yard ..................................................................................................$48.42 4 cubic yard ..................................................................................................$49.47 6 cubic yard ..................................................................................................$51.58 8 cubic yard ..................................................................................................$52.63 (5) Re�lls 2 cubic yard ..................................................................................................$36.84 3 cubic yard ..................................................................................................$37.89 4 cubic yard ..................................................................................................$38.95 6 cubic yard ..................................................................................................$41.05 8 cubic yard ..................................................................................................$42.11 (6) Rolloff Char�es: 20 cubic yard per haul $482.31 (M-F) 30 cubic yard per haul $492.84 (M-F) 40 cubic yard per haul $524.42 (M-F) Delivery and Exchange $369.76 (M-F) Daily Container Rental ..................................................................................$7.89 (7) Compactors: 6 cubic yard compactor haul charge $265.11 (M-F) 8 cubic yard compactor haul charge $297.79 (M-F) 30 cubic yard compactor haul charge $492.84 (M-F) 35 cubic yard compactor haul charge $492.84 (M-F) 42 cubic yard compactor haul charge $492.84 (M-F) Disposal will be billed at $29.23 per ton; rates based on 4 ton minimum. (8) Returned Check Charge .................................................................................$26.31 Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 12 557522.v1 (9) COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT (WISD) (10) Front Load Container Rates Size/Picku 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 2 Cu Yd 67.03 $128.08 $178.35 $248.86 $322.99 $398.30 3 Cu Yd 74.21 $140.05 $193.91 $268.61 $362.09 $430.17 4 Cu Yd 79.00 $147.23 $207.08 $288.36 $370.78 $460.44 6 Cu Yd 92.17 $168.78 $237.01 $326.54 $424.37 $524.17 8 Cu Yd $102.94 $190.32 $266.93 $366.04 $473.63 $586.30 WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales tax do not apply. C. Fees for Special Collection of Brush and Bulky Waste Items. Special collection of brush and bulky items, in excess of twenty-four (24) cubic yards per resident per year, will be made available to residents at the rate negotiated between the contractor and the resident. D. Denial of Service. In the event of nonpayment of charges for the above services, the City shall have the right to deny further service to such nonpaying person or customer. III. CONSTRUCTION PERMITS AND FEES. A. Building, Plumbing, Mechanical and Electrical Permit Fees. When a building, plumbing, mechanical or electrical permit is required by the Building, Plumbing, Mechanical or Electrical code adopted by the City of Wylie, Texas the following fees shall be assessed: EXCEPTION: Permit fees shall not be required when the permit is for a building owned and occupied by a public agency. (1) New Single-Family Fees (including duplexes) -$700.00 +.10 cents a square foot (a) A non-refundable plan review deposit of fifty dollars ($50.00) is due at time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within six (6) months of the date the plan was submitted for review. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 13 557522.v1 (2) New Multi-Family Fees (3 attached units or more) -$250.00 per unit (a) A non-refundable plan review deposit equal to ten percent (10%) of the permit fee is due at time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within six (6) months of the date the plan was submitted for review. (3) New Commercial Fees (a) Building Permit Fees for New Construction 1. $200.00 +.08 cents a square foot 2. Fees for tenant finish out and shell buildings will be seventy-five percent (75%) of the above fees. 3. A non-refundable plan review deposit equal to fifty percent (50%) of the building permit fee is due at the time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within six (6) months of the date the plan was submitted for review. (b) Plumbing, Mechanical and Electrical fees for New Construction (each) 1. $50.00 +.03 cents a square foot 2. Fees for tenant finish out and shell buildings will be seventy-five percent (75%) of the above fees. (4) Fees for Additions, Alterations, Repairs, Demolition, Screening Walls, Retaining Walls and Accessory Buildings. The following fees shall be charged for small construction jobs involving additions, alterations and repairs. Larger projects that involve substantial work shall be charged as new construction at the sole discretion of the Building Official. Value of Construction Permit Fee $0.00 to $2,500.00 50.00 $2,500.01 to $5,000.00 60.00 $5,000.01 to $10,000.00 75.00 $10,000.01 to $25,000.00 $100.00 $25,000.01 to $50,000.00 $150.00 $50,000.01 to $100,000.00 $225.00 $100,000.01 or more $300.00 for the first $100,000.00 Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 14 557522.v1 plus $50.00 for each $50,000.00 or fraction thereof. B. Miscellaneous Fees. Any activity listed below shall be charged the following fee associated with the activity: Commercial Certificate of Occupancy or Completion ............................................$75.00 (Existing building/space or unoccupied clean and show, applicable to shell or structure/space) Temporary Certificate of Occupancy $75.00 (Charged for all Temporary Certificates of Occupancy (ies)) Commercial Temporary Utilities Releases (Electrical or Gas Services) $100.00 Residential Temporary Utilities Releases (Electrical or Gas Services) ..................$50.00 (All temporary utility releases require signed affidavit by contractors builders) Manufactured Home Construction Permit Fee ......................................................$300.00 Manufactured Home License Application Fee ......................................................$500.00 (All original license applications and license transfers shall be accompanied bya fee of $500.00) Manufactured Home Space Fee ................................................$50.00 per space Manufactured Home Park Annual Inspection Fee .....$10.00 per occupied space Manufactured Home Park License Fee. 500.00 Minimum Miscellaneous Permit Fee (Residential) .................................................$50.00 Minimum Miscellaneous Permit Fee (Commercial) $100.00 FencePermit ............................................................................................................$40.00 In-ground swimming pool ......................................................................................$300.00 Spa or above-ground pool $100.00 LawnSprinkler .........................................................................................................$50.00 Tent..........................................................................................................................$50.00 Construction trailer $75.00 Drive Approach $50.00 per approach Sidewalk....................................................................................................... $50.00 per lot StructureMoving Permit ..........................................................................................$75.00 (Any structure moved through or into the City of Wylie, Texas that exceeds 250 square feet) Additional Plan Review $50.00 per hour (Nlinimum one hour) Appeal to the Construction Board $150.00 Duplicate Building Permit .......................................................................................$10.00 GarageSale ................................................................................................................$5.00 Administrative fee/change contractor or change on issued permit.. $25.00 per contractor Re-stamp Plans $50.00 per hour Minimum one hour SignPermit ...............................................................................................................$75.00 PromotionalSigns 40.00 Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 15 557522.v1 DanceHall License ................................................................................................$100.00 PoolHall License $100.00 Massage Establishment Permit ..............................................................................$500.00 Individual License to Perform Massage ..................................................................$50.00 Sexually Oriented Business License ......................................................................$500.00 Food Service Establishment Permit (annual) ...........................................................$50.00 Retail Food Store Permit Fee(annual) .....................................................................$50.00 Junkyard or Salvage yard License .........................................................................$250.00 Dangerous Building Abatement Administrative Fee $750.00/per lot Abatement of Graffiti ..........................Employee Hourly Rate plus cost of Materials Weeds, High Grass, and Trash Abatement Administrative Fee.......$75.00 per lot or tract ofland C. Registration and License Fees. General, Plumbing, Mechanical, Electrical and Irrigation contractors shall not be eligible to receive a permit within the City of Wylie, Texas until they have registered with the City as a contractor and paid the following fee. Fees shall be paid annually and registration will be valid from January 1 through December 31. Registrations received and fees paid between December 1 and December 31 of any calendar year shall be valid from that date until December 31 of the following calendar year. General Contractor .................................................................................................$100.00 Plumbing Contractor ..............................................................................................$100.00 MechanicalContractor $100.00 Irrigation Contractor $100.00 BackflowTester $100.00 PoolContractor $100.00 FenceContractor ....................................................................................................$100.00 ElectricalContractor $100.00 MasterElectrician $25.00 JourneymanElectrician ............................................................................................$10.00 Residential Specialist $10.00 MasterSign Electrician ............................................................................................$25.00 Journeyman Sign Electrician $10.00 D. Special Inspection Fees. Re-inspection Fee .....................................................................................................$50.00 After Hours Inspection .$75.00/hr-3hr minimum SpecialInspection ...$75.00 House Moving Inspection Fee $100.00 House Moving Inspection Mileage Reimbursement... current government mileage Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 16 557522.v1 reimbursement rate IV. ENGINEERING FEES. A. Water and Sewer Impact Fees (i) Service unit means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development that has been calculated in accordance with the generally accepted engineering and/or planning standards. The water and wastewater service unit is defined to be a 3/4-inch water meter. Other meter sizes can be compared to the 3/4-inch meter through a ratio of water flows as published by the American Water Works Association and as shown in Table No. 7 of the "Water and Wastewater Impact Fee Update 2005-2015" which is attached as Exhibit A to Ordinance 2006-25 and incorporated by reference herein, as may be amended from time to time. (1) Calculating Impact Charges For each single family living unit equivalent (SFLUE) to be served by the water system there shall be a water impact fee of one thousand three hundred four dollars and ninety seven cents ($1,304.97). For each SFLUE to be served by the sewerage system there shall be a sewerage impact fee of one thousand two hundred thirty one dollars and one cent ($1,231.01). B. Thoroughfare Impact Fees (i) Service unit means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development, that has been calculated in accordance with the generally accepted engineering and/or planning standards, as indicated in the land use equivalency tables located in the "Roadway Impact Fee 2008- 201 T' report which is attached as Exhibit A to Ordinance 2007-34 and incorporated by reference herein, as may be amended from time to time. (1) Calculating Impact Charges Thoroughfare Impact Fees shall be calculated at the rate of four hundred thirty four dollars and eighty-two cents ($434.82) per service unit for the Western zone and seven hundred eighteen dollars ($718.00) per service unit for the Eastern zone. C. Special District Fees. (1) In addition to all other fees, the City Council may designate by ordinance, certain special districts. These districts shall be formed in order to collect pro rata fees to offset the cost of capital improvements to the water and sewer system that benefit only a particular section of the City. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 17 557522.v1 (2) When such action is deemed appropriate by the City Council, said area shall be deemed by clearly understood boundaries. Then the fee per unit shall be determined by using the following formula: No. of Units per Total Cost of Project Acres x Acre No. of Shares Special District Fee (3) Units existing within the special district prior to the establishment by the City Council shall not be charged the determined special district fee unless the parties involved request such service be provided. D. Engineering Inspection Fees Each project shall be charged an engineering inspection fee. The fee shall be three percent (3%) of the City's estimate for the cost of the public wark utilities and streets of new construction which are to be dedicated to the City of Wylie, Texas as well as private commercial parking areas. Such items shall include, but not be limited to: street paving, storm drainage, water mains, sewer mains, commercial parking areas and other items designated for conveyance to the City after completion of improvements through the process of public dedication. These fees shall be paid prior to the start of construction. E. Grading Fees (1) Grading Permit ..$100.00 (2) Grading Permit Deposit: One acre or less ..................$500.00 Once acre or more ...............$500.00 for first acre +$100.00 for each additional acre V. IMPOUNDMENT, BOARDING AND ADOPTION FEES. A. Shelter Impound Fees (All Animals). FirstOffense .............................................................................................................$40.00 SecondOffense ........................................................................................................$60.00 ThirdOffense ...........................................................................................................$80.00 B. Boarding Fees (Daily Rates). All Animals ................................................................................$10.00 (per calendar daY) C. Adoption Fee. $75.00 (includes $50.00 voucher for sterilization) Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 18 557522.v1 D. License, Registration for Dangerous Dogs, Euthanasia, Disposal, Surrender Fees and Trap Deposits. LicenseFee ...........................................................................................$10.00 per animal Fee for Lost License Tag .......................................................................$2.00 per animal EuthanasiaFee ......................................................................................$25.00 per animal DisposalFee ...........................................................................................$10.00 per animal SurrenderFee $15.00 per animal TrapDeposits $60.00 per trap Annual Registration Fee for Dangerous Dog .........................................$50.00 per animal Fee to register dangerous dog at new address ........................................$25.00 per animal Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 19 557522.v1 VI. PLANNING AND ZONING A. Maintenance Bonds. Refer to Subdivision Regulations Section 6.7: Maintenance and Guarantee of Public improvements. The property owner shall maintain all required public improvements for a period of two (2) years following acceptance of the subdivision by the City, and shall also provide a two (2) year maintenance bond (warranty) that all public improvements will be free from defects for a period of two (2) years following such acceptance by the City. B. Zoning and Platting Fees. Zoning Change Application ............................................................$325.00 $15.00/acre (Including standard districts, planned development districts and special use permits) Zoning Change Re-notification/Re-publication .....................................................$200.00 (When request is tabled by applicant) Site Plan Application .............................................................................................$250.00 Preliminary Plat Application ...........................................................$200.00 +$12.00/acre Final Plat/Amended Re-plat/Minor Application ..............................$325.00 +$25.00/acre Annexation/Disannexation Application .................................................................$200.00 Variance Application $100.00 (Zoning Board of Adjustment and all others i.e. commission waive planned development acreage, alleys, parking) VerificationLetter .....................................................................................:..............$50.00 (Zoning, comprehensive plan, utilities) Right-of-Way Abandonment ...................................................................................$50.00 (fee toward appraised market value) C. Material Comprehensive Plan $10.00 Sales Tax Zoning Ordinance ................................................................................$20.00 Sales Tax Subdivision Regulations $15.00 Sales Tax Prints of Plats and As-Builts (24 x 36) $3.00/sheet Sales Tax Special Area Study Map (8 'h x 11 x 36) $5.00/sheet Sales Tax City-Wide Planning Maps $15.00/sheet Sales Tax (Land use, zoning thoroughfare, development trends, city limits) CDCopies $5.00 each Sales Tax (Scanned plats, as-builts) Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 20 557522.v1 VII. POLICE DEPARTMENT A. POLICE DEPARTMENT FEES. ParadePermit Fee $25.00 Special Event Permit Fee Solicitor RegistrationFee $75.00 PermitFee $75.00 FingerprintingFee $5.00 Accident Report Fee Copy of accident report $6.00 Certified copy accident report $8.00 Open records request $.10 cents (per page) Certify Open Records Request $2.00 VIII. PUBLIC LIBRARY A. LIBRARY FEES. BarcodeFee $1.00 DVDCase Fee $3.00 (replacement) Lost Item Cost of material+ $3.00 Damaged Item Cost of material +$3.00 Copies: Blackand white $.10 per page Color. $.25 per page Fax. ...............................................................................................................$.50 per sheet Library Replacement Card $1.00 Extended Use Fee DVD..................................................................................... $.50 per day/per item All other $.10 per day/per item Interlibrary request fee $2.00 BookJacket Fee $1.00 (replacement) ArtWork (DVD) $1.00 (replacement) CDCase (Music) $1.00 (replacement) CDCase (Books) $3.00 (replacement) $1.00 SpineLabel $1.00 Amendment to Ordinance Nos. 2009-12 and 1992-14 (Consolidated Fee Ordinance) Page 21 537826.vI IX. PARKS AND RECREATION A. Pavilion Rental (excluding neighborhood parks) Boy/Girl Scouts No Fee Non-Profit Groups .......................................................................................$5.00 per hour Residents.................................................................................................... $10.00 per hour Non Residents ............................................................................................$25.00 per hour B. Wylie Wave Fees/Summer Program Fees Participantper week $75.00 Scholarshipper week $15.00 (reduced lunch status) Scholarshipper week $10.00 (free lunch status) Activityfee per week $15.00 (does not apply to scholarship participants) Cancellation fee (per week): Regular participant $35.00 (past deadline) Reduced lunch scholarship $15.00 (past deadline) Free lunch scholarship $10.00 (past deadline) Summer sports program fees: Track, per summer session $100.00 Tennis, per summer session $100.00 Tennis minicamps, per session $75.00 Minihawk (ages 4-7), one week $100.00 Regular Skyhawks, one week $100.00 Regular Skyhawks, Parent and Me, one week ...................................$45.00 C. Athletic Field Reservation Fees. Per person, per sport season, 18 and under $5.00 Per person, per sport season, 19 and older $10.00 Athletic field light per hour/per field $18.00 Tournament or single use per field reservation $10.00 per hour lights LightKey $100.00 deposit Late payment fee (athletic fields) .....................................................Amount owed 10% D. Community Center Rental Fees. (2 hour minimum) ($100.00 deposits required on large events) Room Rental: Boy scouts/Girl scouts ...............................................................No Charge Non-protit groups ..............................................................$12.50 per hour Residents............................................................................$25.00 per hour Nonresidents .....................................................................$62.50 per hour Kitchen Use Fee: Amendment to Ordinance Nos. 2009-12 and 1992-14 (Consolidated Fee Ordinance) Page 22 537826.v1 Boy scouts/Girl scouts ...............................................................No Charge Allothers $25.00 per event Cancellationfee $50.00 (within ten (10) days of rental date) E. Continuing Education Classes. Yoga Full session, 20 classes (10 weeks 2x per week) $140.00 Halfsession $85.00 Dropin, per class $10.00 F. Park Land Dedication Fees. (Land Dedication Minimum 5 acres and 5 acres per 100 lots.) Five or more lots per acre ............................................................$1,500.00 per lot 3 or 41ots per acre $2,000.00 per lot 1 or 2 lots per acre $3,000.00 per lot Apartmentunits $800.00 per unit X. WATER AND SEWER TAP FEES WaterTap $2500.00 (Residential or commercial) Wastewater Tap 0' to 8' deep $3000.00 Wastewater Tap Greater than 8' deep Cost plus $310.00 Fire Hydrant Installation $3000.00 (In City ROW) Tap/Fire Hydrant Inspection $200.00 XI. FIRE DEPARTMENT A. Development Fees Residential Fire Development Fees ............................................................$626.00 per lot Commercial Fire Development Fees $.30 cents per sq. ft. B. Annual Contractor Registration Fees After Hours Inspections $100.00 additional (before 8 a.m. and after 5 p.m.) Combustible Liquid Storage Tanks $100.00 FireSprinkler Backflow $100.00 Hazardous Materials Storage $100.00 HydrantFlow $100.00 OverheadSprinkler $100.00 PaintBooth $100.00 Re-inspection Fee $75.00 TemporaryStructure $100.00 Amendment to Ordinance Nos. 2009-12 and 1992-14 (Consolidated Fee Ordinance) Page 23 537826.v1 Underground/Above Ground Storage Tanks $100.00 UndergroundSprinkler ..........................................................................................$100.00 Vent-A-Hood $100.00 C. Permit Fees Aircraft Refueling Vehicles (annual) $25.00 Asbestos Removal (per job) $25.00 Assembly................................................................................................................. $25.00 (parties with 50 or more guests including weddings) Automobile Wrecking Yard (annual) $25.00 Backflow.................................................................................................................. $10.00 Bowling pin or Alley Refinishing Job (per job) $25.00 BurnPermit $25.00 Candles and Open Fames in Assembly Areas (annual) $25.00 Carnivalsand Fairs $50.00 Cellulose Nitrate Film (annual) $25.00 Cellulose Nitrate Storage (annual) $25.00 Combustible Fiber Storage (annual) $25.00 Combustible Material Storage (annual) $25.00 Commercial Fire Alarm Installation Permit (Per building) Lessthan 10 devices $50.00 11 to 25 devices $75.00 25 to 100 devices $150.00 100 to 200 devices $200.00 More then 200 devices $400.00 Commercial Limited Access Security Gates and Perimeter Fencing $100.00 Commercial Rubbish Handling Operation (annual) $25.00 Compressed Gasses (annual) $25.00 Cryogens(annual) $25.00 Dry Cleaning Plants (annual) $25.00 Dust-Producing Operations (annual) $25.00 Explosives and Blasting Agents (annual or per job) $25.00 Fireworks Event (per event) $500.00 Fire Sprinkler Overhead Permit (suppression system) (per sq. ft. of building area) 0- 100,000 sq. ft $0.015 per sq. ft 100,001 300,000 sq. ft $.014 per sq. ft ($1,500 for the first 100,000 sq. ft. plus $0.014 for each additional sq. ft. of area or fraction thereo£) 300,001 sq. ft $0.009 per sq. ft ($4,200 for the first 300,000 sq. ft. plus $0.009 for each additional sq. ft. of area or fraction thereo£ (includes two inspections per system and on re-inspection) Fire Sprinkler Underground Permit (suppression system) $250.00 (Includes three inspections per system: Visual, Hydrostatic Test, Flush and one re-inspection.) Fruit Ripening (annual) $25.00 Fumigation or Thermal Insecticidal Fogging (annual) $25.00 Hazardous Production Materials (annual) $25.00 High Piled Combustible Storage $25.00 per building Amendment to Ordinance Nos. 2009-12 and 1992-14 (Consolidated Fee Ordinance) Page 24 537826.v l Hydrant Flow Test ...............................................................................$50.00 (2 hydrants) Hydrant Installation $50.00 (per installation) Liquid or Gas Fueled Vehicles or Equipment in Assembly Building (annual or event) $25.00 Lumber (annual $25.00 Magnesium Working (annual) $25.00 Mall, Covered (annual or event) $25.00 Or anic Coatin s annual $25.00 g g Ovens, Industrial Baking and Drying(annual) $25.00 PaintBooth $50.00 Radioactive Material (annual) $25.00 Refrigeration Materials (annual) $25.00 Spaying or Dipping (annual) $25.00 Special Fire Suppression System Permit $75.00 Temporary Structure $25.00 per tent (tents and temporary membrane structures) TireStorage (annual) $25.00 Trench Burns $500.00/$100.00 ($500 initial and $100 per re-inspection) Underground/Above Ground Storage Tanks $250.00 (Includes flammable and combustible liquid storage and liquefied petroleum gas, per tank) Vent-A-Hood $50.00 Welding and Cutting Operations $50.00 (annual fixed occupancy or per job) D. Plan Reviews 1— 100,000 sq. ft $0.02 cents per sq. ft. (per sq. ft. of building area, minimum $60.00) 100,001 300,000 sq. ft $0.17 cents per sq. ft. ($3,500 for the first 100,000 sq. ft. plus $0.017 for each additional sq. ft.) 300,001 sq. ft $0.01 cent per sq. ft. ($6,900 for the first 300 sq. ft. plus $0.01 for each additional sq. ft.) E. Annual Alarm Permit Fees Burglar Alarm Permit Fee $50.00 (commercial or residential) Other Alarms Permit Fee $50.00 (All alarm systems that are not burglar alarms, including, but not limited too, panic, fire, and EMS alarnis, whether commercial, residential or otherwise.) False Alarm Notification Fee $50.00 (If after three (3) false alarms in the twelve month period immediately preceding any false alarm, the permit holder shall be assessed a service fee of $50.00 for such false alarm.) Amendment to Ordinance Nos. 2009-12 and 1992-14 (Consolidated Fee Ordinance) Page 25 537826.v 1 XII. MUNICIPAL COURT Municipal Court Building Security Fee $3.00 Municipal Court Technology Fund $4.00 Driving Safety Course Administrative Fee $10.00 WarrantFee $50.00 Consolidated Court Costs $40.00 Judicial Fee County.......................................................................................................... .$5.40 City.................................................................................................................. $.60 ArrestFee $5.00 StateJury Fee $4.00 Time Payment Fee Efficiency $2.50 Time Payment Plan Local............................................................................................................ $10.00 State............................................................................................................. $12.50 TrafficFund $3.00 StateTraffic Fee $30.00 AdministrativeFee $20.00 Consolidated Court Costs $17.00 Corrections Management Fee $.50 FugitiveApprehension $5.00 JuvenileDelinquency $.50 JudicialTraining $2.00 ChildSafety Fee $25.00 IndigentDefense Fee $2.00 School Crossing Guard Fee $20.00 Juvenile Crime/Delinquency Act $.25 Compensation to Victims Crime Fund $35.00 Amendment to Ordinance Nos. 2009-12 and 1992-14 (Consolidated Fee Ordinance) Page 26 537826.v l �,C8�S Media, Inc. �Glje �'armer�bilCe �imes Murphy Monitor The Princeton Herald The Sachse News THE WYLIE NEWS STATE OF TEXAS TY F COLLIN G Lr COUN O Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached City of Wylie Orninance No. 2009-31, 2009-32, 2009-33 was published in said newspaper on the following dates, to-wit: October 21, 2009 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of �v�2���' e 2009 to certify which witness my hand and seal of office. `��RV PG ;oti�.• ..e�., KIESHA D. HILL =r.' Notary Pubtic, State of Texas Notary Public in and for My Commission Expires Morch 21 2ois The State of Texas �Il�111�" My commission expires a 1" RECEIV�� NO V, 0 5 2009 FINAN�E Murphy/Sachse/Wylie Office 110 N. Ballard P.O. Box 369 Wylie, TX -4�35=1 fax 972-442-4318 Fazmersville/Princeton Office 101 S. Main P.O. Box 512 Fa�Tr�ersville, TX 75442 972-784-6397 fax 972-782-7Q23 October 21 22, 2009 t'�RDI1�1A� N0. �20t14�� AN. �I��iNCE OF 'TH� CTT� OF i�, T�XA,�, REPEi�.ING "FI� II �°��_N OF �RI�INANCE NO. 1992-14; AMENDING THE FEE, ,�B LISHED B� C�R 54� �'TICI,� ��G I���H 1NN�ANI- OF '�[L, OF C����NA �S A��JIN43� O�INANCE NO. 2009-12 (CON- SOLIDATED �E ,.pRDINANCE) TO ESTABLISH A FEE FOR TI-� ABATE- A�IENT OF WEEDS, RUB$ISH AND INSAI�TITARY MAT- TER AND �THE" ABATEMENT OF GRAFFTTI; PROVID- ING FOR A PENALTY FOR THE VIOLATION. OF THIS ORDI- NANCE; PROVIDING FOR REPEALING, SAVINGS AND SEV- ERABILITY CLAUS- ES; PROVIDING FOR AN EFFEC`I'IVE DATE OF THIS ORDI- NANCE; AND PRO- VIDING FOR 'THE PUBLICATION OF THE CAPTION HERE- OF.