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Ordinance 2025-35 ORDINANCE NO. 2025-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2021-17, AS AMENDED, CHAPTER 114 (UTILITIES), ADDING ARTICLE VI (MUNICIPAL DRAINAGE UTILITY SYSTEM), DIVISION 1 (CREATION AND ADMINISTRATION) TO ESTABLISH A MUNICIPAL DRAINAGE UTILITY SYSTEM; PROVIDING FOR DRAINAGE SERVICE, BILLING, EXEMPTIONS, DRAINAGE CHARGES,AND APPEALS; PROVIDING A REPEALING CLAUSE, SEVERABILITY CLAUSE,SAVINGS CLAUSE; PROVIDING FOR A CRIMINAL PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00); PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas, has investigated and determined that it would be advantageous and beneficial to the citizens of the City to promote the public health, safety and welfare of the citizens to adopt a Municipal Drainage Utility System; and WHEREAS, the City Council further investigated and determined that it would be in the best interest of the citizens to adopt the Municipal Drainage Utility Systems Act as set forth in Chapter 552, Subchapter C, Texas Local Government Code, as amended("Act"); and WHEREAS, the City Council hereby adopts the Act and incorporates it herein in its entirety for all purposes; and WHEREAS, the City Council finds that the drainage of the City is a public utility within the meaning of the Act; and WHEREAS, the City Council further finds that the City will establish a schedule of drainage charges against all benefitted property in the proposed service area(s)which included the entire City subject to charges under this Ordinance; and WHEREAS, the City Council further finds that the City will provide drainage for all benefitted property in the proposed service area(s) on payment of drainage charges, except benefitted property exempted under the Act or pursuant to this Ordinance; and WHEREAS, the City Council further finds that the City will offer drainage service on nondiscriminatory, reasonable and equitable terms; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: 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 Chapter 114 (Utilities), to add Article VI (Municipal Drainage Utility System), Division 1 (Creation and Administration)of the Wylie Code of Ordinances,Ordinance No. 2021-17, as amended(`Code of Ordinances"). Chapter 114(Utilities)of the Code of Ordinances, is hereby amended by adding Article VI (Municipal Drainage Utility System), Division 1 (Creation and Administration) to read as follows: Ordinance No. 2025-35 Municipal Drainage Utility System Pagel of 4 "CHAPTER 114 (UTILITIES) ARTICLE VI.-MUNICIPAL DRAINAGE UTILITY SYSTEM Division 1.- CREATION AND ADMINISTRATION Sec. 114-188.- Municipal Drainage Utility System Established. The Municipal Drainage Utility Systems Act,Chapter 552,Subchapter C,Texas Local Government Code, as amended (the "Act"), is hereby adopted and shall be fully implemented as provided by the Act and by the City Council. The drainage of the City is hereby found to be a public utility within the meaning of the Act. Sec. 114-189.- Definitions Except as otherwise defined below,the definitions in the Act shall apply. "Impervious area" means surfaces that do not provide stormwater significant opportunity for infiltration into the soil and result in increased stormwater runoff to the municipal storm sewer system. "Equivalent Residential Unit(ERU)"means the typical amount of impervious area for a residential property in Wylie. Sec. 114-190.- Drainage Service Provided. The City will provide storm water drainage for all benefitted property within its boundaries upon payment of the determined drainage charges,as defined in the Act,and excluding property exempt under the Act and certain benefitted property exempted pursuant to this Article. The fees, assessments, and charges will be based on nondiscriminatory, reasonable and equitable terms. The drainage charges established herein shall be for all non-exempt benefitted property as defined in the Act within the City drainage system. Sec. 114-191.- Billing for Drainage Service. The City is hereby authorized to bill the drainage charges incurred as a result of the adoption of the Act and through the establishment of the municipal drainage utility system. The drainage charge shall be separately identified from other public utility billings. Drainage charges may only be expended for the costs of service as defined by the Act. Sec. 114-192.-Authority to Levy Drainage Charges; Findings. The City may levy a schedule of drainage charges upon satisfaction of the procedural requirements provided in the Act and this Article. Prior to the levy of any drainage charges, the City Council shall conduct a public hearing on the drainage charges pursuant to the Act. Prior to adoption of this Article, the City Council found and determined: (1) The City will establish a schedule of drainage charges against all benefitted property in the proposed area which includes the entire City subject to the charges under the Act; Ordinance No. 2025-35 Municipal Drainage Utility System Page 2 of 4 (2) The City will provide drainage for all benefitted property in the proposed service area on payment of the drainage charges, except benefitted property exempt under the Act; and (3) The City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. Sec. 114-193.- Exemptions Authorized. The City is authorized to exempt certain property from drainage charges in accordance with the Act and the establishment of its municipal drainage utility system. Any exemptions to the drainage charges established herein other than the exemptions required by the Act shall be set forth in the drainage charge schedule. Sec. 114-194.- Charges. (a) The City Council shall, following the adoption of this Article, from time to time establish by ordinance a drainage charge schedule for charges which shall be collected through the City's bill for public utilities pursuant to the Act and other applicable law. There shall be a drainage charge on each monthly public utility statement for the City drainage system as set forth in the drainage charge schedule. The City Manager, or designee, is authorized to collect such charges in a manner consistent with the City Charter, the Act and this Article. The drainage charges shall be a separate line item on the public utility statement,and shall be clearly identified as a separate charge. Except, as otherwise provided herein,the billing,charges and collection procedures shall be consistent with City collection procedures for water and sewer services provided by the City. (b) The drainage charges established pursuant to this Article will apply to the accounts maintained by the City for public utility services. (c) All billings, credits, exemptions and other procedures relating to drainage charges established pursuant to this Article shall be subject to the provisions of the Act and other applicable law. (d) A deposit for the drainage services as a precondition to accepting surface flow from benefitted property into the City drainage utility system shall not be required. All benefitted property of the City will be provided with drainage utility system service on timely payment of drainage charges established herein. Sec. 114-195.- Appeals. (a) Billing and payment disputes for administrative issues relating to the drainage charges shall be subject to appeals procedures used by the City for other public utility billing disputes. A person or entity that owns or occupies a benefitted property may appeal the drainage charges established herein pursuant to this procedure set forth in this section. (b) Appeals shall be directed to the Public Works Director for evaluation and determination. An appeal shall be in writing and submitted to the Public Works Director within thirty (30) days after the public utility billing statement containing the matter to be disputed. During all periods of appeal the person or entity that owns or occupies the benefitted property and/or the account holder shall be responsible for payment of the charges in full. (c) The Public Works Director shall render a written decision on such appeals within thirty (30) days after receiving a timely written notice of appeal from the person or entity that owns or occupies Ordinance No. 2025-35 Municipal Drainage Utility System Page 3 of 4 the benefitted property and/or the account holder. The Public Works Director shall deliver a copy of the appeal decision to the person or entity that owns or occupies the benefitted property and/or the account holder by U.S. mail to the address of the landowner/account holder according to the most recent records in the possession of the City. (d) Any person or entity who owns or occupies the benefitted property and/or the account holder who disagrees with the decision of the Public Works Director may appeal such decision to the City Manager in writing within ten (10) days after receipt of the decision of the Public Works Director. The decision of the City Manager shall render a written decision within thirty(30)days after receipt of a timely appeal. The decision of the City Manager shall be final. Sec. 114-196.- Penalties; Enforcement. Failure to pay the drainage charges promptly when due shall subject such user to discontinuance of any public utility services provided by the City, in accordance with the procedures adopted by the city for discontinuance of any City public utility service including water and/or sewer service and other applicable laws. SECTION 3. Savings/Repealing Clause. 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 4. Severability. 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 as a whole. SECTION 5. Penalty Provision. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Wylie as heretofore amended and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day such violation shall continue shall be deemed and constitute a separate offense. SECTION 6. Effective Date. This ordinance shall take effect from and after its passage and the publication of the caption of said ordinance as the law and the City Charter in such cases provides. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,on the 23rd day of September 2025. ",.Matt ew Porter, Mayor Attested and Correctly RecordedFR i 10 Stephanie Storm, City Secretary ,' � t r Date of publicatii Tltc,Wylie Narvs—October 2,2025 Ordinance No. 2025-35 Municipal Drainage Utility System Page 4 of 4 C&st [1c -if ai III•rs'III!It,TtIrrls IIIrrtt,y NioIIitor * T I I c PrkIcc:or;ltI,raitl STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached:0 City of Wylie Legal Notice—Ordinance No. 2025-25 and Ordinance No. 2025-36 was published in said newspaper on the following date(s), to-wit: October 2, 2025 aat� Chad Engbrock, Publisher Subscribed and sworn before me on this, the 2nd day of October, 2025, to certify which witness my hand and seal of office. SONIAADUGGAN Notary ID 11126646343 Notary P1.ibliC d or MY Commission Expires The State of x August 12,2028 My commission expires 08/12/2028. %im I)ln Ire f)!Mice• I W.N. Bailnrd•I'€).I'c,y 3G1)•Wyl lc. IN? (fret•,)� }2 _ri i Fars irrstilEs r urrcunf( li(c• 101 '.Ahin•P.O,is,�s. 12•ktrnwj, ikl , 1�� -W2»t; i-h,,v; CITY OF WYLIE Ordinance No.2025-35 An Ordinance of the City of Wylie,Texas, City Council of the amending Wylie's City of Wylie,Texas, Code Of Ordinances, amending Wylie's Ordinance No.2021- Code of Ordinances, 17, as amended, Ordinance No.2021- Appendix A (Com- 17, as amended, ' prehensive -Fce Chapter 114 (Utili- Schedule), adding ties), adding Article Section XV (Drain- VI(Municipal Drain- age Utility Fees);es- age Utility System), tablishing a Munici- Division I (Creation pal Drainage Utility and Administration) System Fee; provid- to establish a Munici- ing for exemptions pal Drainage Util- and credits;providing ity System;providing a repealing clause, for drainage service, severability clause, , billing, exemptions, savings clause; pro- drainage charges,and viding for a criminal appeals; providing penalty of a fine not a repealing clause, to exceed the sum of severability clause, five hundred dollars savings clause; pro- ($500.00); providing viding for a criminal for an effective date; penalty of a fine not and Providing for to exceed the sum of the publication of the five hundred dollars caption hereof. ($500.00); provid- ing an_effective.date; 23-1t-731i and providing for the publication of the caption hereof. Ordinance No.2025-36 An Ordinance of the City Council of the