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Ordinance 2011-04 ORDINANCE NO. 2011-04 � AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING EXHIBIT "A" OF ORDINANCE NO. 2009-12 (CONSOLIDATED FEE ORDINANCE), SECTION I, SUBSECTION B(WATER RATES) AND SUBSECTION C(SEWAGE COLLECTION AND TREATMENT RATES); 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 OF THIS ORDINANCE. 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 advantageous and beneficial to the citizens of Wylie to amend the Consolidated Fee Ordinance Section I B(Water Rates), and Section I C(Sewage Collection and Treatment Rates). 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: Amendin� Ordinance No. 2009-12 (Consolidated Fee Ordinance). Ordinance No. 2009-12 (Consolidated Fee Ordinance) is hereby amended as identified in Exhibit "A". SECTION 3: Penalty 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 4: Savings/Repealing 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring priar to the repeal of the `�'"' ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance 2011-04 Amendment to 2009-12 Exhibit #A Page 1 SEC7'ION 5: 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. 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 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DUL`� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22nd day of February, 2011. ,-� �� Eric Hogue, May r ATTESTED AND CORRECTLY RECORDED: �� QF �� `1 1,�, . c C role Ehrlic , City Secretary /��' "�'"` ��• Date to� be ublished in The W lie News — Wednesda March 2 � �'�t or ri�►' Ordinance 2011-04 Amendment to 2009-12 Exhibit #A Page 2 Exhibit "A" WYLIE COMPREHENSIVE FEE SCHEDULE I. WATER AND SEWER FEES. 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 : ............................................................... $9.86 (b) Volume charge for all consumption exceeding 1,000 gallons: 1,001 to 10,000 gallons : ........................................................ $3.31 Over 10,000 gallons : ............................................................. $4.31 (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 far first 1,000 gallons of metered water consumption : ............................................... $13.46 (b) Volume charge far all consumption exceeding 1,000 gallons : ........................................................................ $3.77 (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 ............................................................................................. $13.46 (b) Volume charge for all consumption exceeding 1,000 gallons ......................................................................... $3.77 (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 ....................................................... $9.86 (2) Commercial & Multifamily ........................................... $13.46 Ordinance 2011-04 Amendment to 2009-12 Exhibit #A Page 3 (b) Volume charge for all consumption exceeding 1,000 gallons: (1) Residential irrigation ....................................................... $4.76 (2) Commercial irrigation ...................................................... $4.76 (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 __.. records ..................... .................................................... $21.94 (b) Customers who are disabled and have a homestead exemption on the service address which appears in the tax recards ................ $21.94 (c) All other customers ............................................................ $29.69 (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...... $23.82 (b) Volume charge for all consumption exceeding 1,000 gallons... ...... $ 2.02 (3) A sewer fee of twenty-nine dollars and sixty-nine cents ($29.69) 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 ---M limits of the City. Ordin�nce 2011-04 Amendment to 2009-12 Exhibit #A Page 4 (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. � � Ordinance 2011-04 Amendment to 2009-12 Exhibit #A Page 5