Ordinance 2016-14 ORDINANCE NO.2016-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING ORDINANCE NO. 2007-12 AND ORDINANCE NO.
2009-30 AND UPDATING THE FIRE. DEVELOPMENT FEES TO BE
ASSESSED BY THE CITY OF WYLIE, TEXAS; MODIFYING CERTAIN
REGULATIONS RELATING TO FIRE DEVELOPMENT FEES;
PROVIDING.A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City .Councilof 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 update the fees assessed and collected for the construction of
new fire stations and the purchasing of new firefighting equipment; and
WHEREAS, the City Council has determined that it is safer for citizens and visitors to
Wylie to provide funding for the construction of new fire stations and new. firefighting
equipment necessitated by new development; and
WHEREAS, the City Council has determined that to the extent that new development
creates demands for public Fire Department facilities and equipment, those demands should be
satisfied by shifting the responsibility for financing such public facilities and equipment from the
public to the development creating the demands; and
WHEREAS, the City Council has determined that the methodologies and analysis used
by City staff in determining the amount to be imposed herein as a Fire Development Fee are
reasonable and proportionate to the need created by the new development and to the benefit
received by the new development;and
WHEREAS, the City Council has determined that the Fire Department's capital
infrastructure is designed to be mutually reinforcing for safety in that fire stations and
firefighting equipment provide back-up and coverage throughout the Fire Department's service
area regardless of the physical location of a call for service within that area; and
WHEREAS, the City Council previously adopted an ordinance providing for the fire
development fee, Ordinance No. 2007-12 on April 24, 2007; and
WHEREAS, the City Council amended Ordinance No. 2007-12 by adopting Ordinance
No. 2009-30 on September 22, 2009, as part of a comprehensive settlement agreement with the
Home Builders Association of Greater Dallas and DR Horton Texas,Ltd.; and
WHEREAS, the settlement agreement provided that.Wylie would not increase the fire
development fees for a five-year period, which has now expired; and
WHEREAS, the City Council has reviewed and accepted an updated fire development
Ordinance No.2016-14,
Amending Fire Development Fee Regulations Page 1 of 4
fee study completed on June 28, 2016, and hereby adopts this Ordinance to amend certain
portions of Ordinance No. 2007-12 and Ordinance No. 2009-30 as a result of the findings set
forth in such study and to modify certain regulations relating to the fire development fees.
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. Sections 5 (Account to be
Established for Fire Department Fees and Expenditures) of Ordinance No. 2007-12 is hereby
amended to read as follows:
SECTION 5: Account to be Established for Fire Department Fees and
Expenditures. All Fire Development Fees collected shall be placed in an account
clearly separate from the City's general fund.
Funds contained in the Fire Department Fee account shall be used to pay for
property on which to build Fire Department facilities, the purchasing of new
firefighting equipment, and the construction or expansion of fire stations,
including but not limited to design, engineering, construction, and obtaining
construction easements and right-of-way, and other costs reasonably associated
therewith as may be approved by the City Council. The City shall determine the
location of the Fire Stations and related facilities and when the construction will
begin based upon factors such as, the amount of development that has occurred,
the amount of and timing of development still expected to occur, the location of
existing Fire Stations, information received regarding future plans for additional
Fire Stations, including the amount of time necessary to construct said stations,
and response times to incidents within the Fire Department service area.
SECTION 3: Amendment to Ordinance No. 2009-30. Section 3 (Fire Development Fees
Established) of Ordinance No. 2009-30 is hereby amended to read as followsl:
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
Ordinance No.2016-14,
Amending Fire Development Fee Regulations Page 2 of 4
existing structure by more than fifty percent (50%) is submitted in the following
amounts:
Type of Use Fee Amount
Residential $426.00 per Dwelling Unit
Non-residential $0.20 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.
SECTION 4: Penally. Any person, firm, corporation or entity violating or refusing to
comply with any provision of this Ordinance, as it exists or may be amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding
two thousand dollars ($2,000.00) for each offense if the offense relates to public health and
sanitation, otherwise the fine shall be in an amount not exceeding five hundred dollars ($500.00)
for each offense. Each day that a violation is permitted to exist shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from
filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it under
local, state and federal law.
SECTION 5: Savings/Repealing Clause. Ordinance No. 2007-12 and Ordinance No.
2009-30 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 such ordinances shall remain in full force and effect.
SECTION 6: 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. The City Council hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof, regardless of whether any one or more
sections, subsections, sentences,clauses or phrases is declared unconstitutional and/or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
Ordinance No.2016-14,
Amending Fire Development Fee Regulations Page 3 of 4
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS, on this 9th day of August, 2016.
Eric Hogue, 1yoo
ATTEST:
-� OT Al
Carole Ehrlich, ty Secretary ?
0
Dates of Publication:August 17`l`' COLOR
0.jr 1 F-RAI0,44
of TE5
TATE XA
Ordinance No.2016-14,
Amending Fire Development Fee Regulations Page 4 of 4
If tJe 1farnterabillr GiltirS • Murphy Monitor • The Princeton Herald • 7tieSacllse News • THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
$efore 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, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Qrdinance No. 2016-14
was published in said newspaper on the following date(s), to -wit:
August 17, 2016
Subscribed and sworn before me on this, the
had Engbrock, Publisher
Itl day of
to certify which witness my hand and seal of office.
2Pa,"T'G Sonia Duggan
, Commission Expires
FBF' 09-02-2016
, 2016
Notary Pub is in an
The State of Texas
My commission expires g//.
Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098.972-442..5515 • lax 972-442-4318
1 armcrsville/Prin<:cton Office • 101 S. Main • P.O. Box 512 • 1=armersvillc,TX 75442 •972-784-6397 • fax 972-782-7023
August 17-18, 2016 SC
City of Wylie
Ordinance
No. 2016-14
An Ordinance Of .The
City Council Of The
City Of Wylie, Texas,
Amending Ordinance
,No. 2007-12 And Or-
,
'dinance No. 2009-30
And Updating The Fire
Development Fees To
Be _ Assessed By The
City Of Wylie, Texas;
Modifying Certain
Regulations Relating
To Fire Development
Fees; Providing A Pen-
alty Clause, Savings/
Repealing Clause, Sev-
erability Clause And
An Effective' ' Date;
And Providing For
The Publication Of The.
,Caption Hereof.
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