Ordinance 2016-29 ORDINANCE NO. 2016-29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, AMENDING WYLIE'S CODE OF
ORDINANCES, ORDINANCE NO. 2005-07, AS AMENDED,
APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE),
SECTION I (WATER AND SEWER FEES), SUBSECTION O
(PENALTY) AND SECTION 2-3 (FEE FOR USING
CREDIT/DEBIT CARD TO PURCHASE CITY SERVICES) OF
ARTICLE 1 (IN GENERAL) OF CHAPTER 2
(ADMINISTRATION) TO REMOVE PROVISIONS REQUIRING
THE ASSESSMENT OF A FEE FOR THE PROCESSING OF A
PAYMENT BY CREDIT OR DEBIT CARD AND THE
ASSESSMENT OF A FEE FOR THE ACCEPTANCE OF SUCH
PAYMENT ONLINE; AUTHORIZING THE ACCEPTANCE OF
PAYMENT BY CREDIT OR DEBIT CARD OF FEES, FINES,
COURT COSTS OR OTHER CHARGES AND AUTHORIZING
THE COLLECTION OF A SERVICE CHARGE IF, FOR ANY
REASON, A PAYMENT BY CREDIT OR DEBIT CARD IS NOT
HONORED; 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
investigated and determined that it would be advantageous and beneficial to the City of
Wylie, Texas ("Wylie") to amend the Wylie Code of Ordinances, Ordinance No. 2005-
07, as amended ("Code of Ordinances"),by modifying Subsection O (Penalty) of Section
I (Water and Sewer Fees) of Appendix C (Wylie Comprehensive Fee Schedule) and
Section 2-3 (Fee for Using Credit/Debit Card to Purchase City Services) of Article 1 (In
General) of Chapter 2 (Administration) for the purpose of removing provisions requiring
the assessment of a fee for the processing of a payment for certain services by credit or
debit card and the assessment of a fee for the acceptance of such payment online; and
WHEREAS, Chapter 132 of the Texas Local Government Code authorizes
municipalities to accept payment by credit or debit card of a municipal fee, fine, court
cost or other charge and to collect a service charge if, for any reason, a payment by credit
or debit card is not honored by the credit card company on which the funds are drawn,
said amount being equal to that charged for the collection of a check drawn on an account
with insufficient funds("Service Charge"); and
WHEREAS, the City Council has investigated and determined that it is in the best
interest of Wylie and its citizens to allow individuals to pay fees, fines, court costs and
other charges by credit or debit card and that there should be no fee for the processing of
a payment by credit or debit card; and
Ordinance No.2016-29 Page 1 of 4
Amendment to the Wylie Code of Ordinances
WHEREAS, the City Council has further investigated and determined that it is in
the best interest of Wylie and its citizens to assess the Service Charge, if necessary, as
provided 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 Subsection O (Penalty) of Section I (Water and
Sewer Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code
of Ordinances. Subsection O (Penalty) of Section I (Water and Sewer Fees) of
Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances is
hereby amended as followsi:
"1. Water and Sewer Fees
O. Penalty.
(2) ...
(3) ...
(4) A fee of$3.00 per #ansaefien vAll be
eelleeted at the-point of sale for- til'ivse per-sons
,F9shiag to use-o-crc'1aWiebit earl to p'urehase-eity
5—T-ee enc-e—fee-per- twunsacAiea of $1. 5or-
r sident"'1 stemer-s and business eustemers-bc
lat t m
carr..leete l e time—� �-efsale for- these per-sons
%isifing-to-use mdifiidebi-guar .a,, e; y
sefviees „t;
ne—
SECTION 3: Amendment to Section 2-3 (Fee for Using Credit/Debit Card to
Purchase City Services) of Article 1 (In General) of Chapter 2 (Administration) of
the Wylie Code of Ordinances. Section 2-3 (Fee for Using Credit/Debit Card to
'Deletions are evidenced by stlikethr-ou .
Ordinance No.2016-29 Page 2 of 4
Amendment to the Wylie Code of Ordinances
Purchase City Services) of Article 1 (In General) of Chapter 2 (Administration) of the
Wylie Code of Ordinances is hereby amended as follows 2:
(a) A con ver nee f$3 nn t +; 11 b l + a + +t,
E?4zc�cc-v Tw-�Tcr�c`�rccccro�vvxrr-v�cvzxcccca ctrm2
point of••"'_ _o_ these per-sons vaishingGo^use (,TciLd7CTIIGoirGCli'¢-Ce
(b) A -e6H'bT@ kE- fee- per- tFansaefien of $1.75 for—r-esi entis`Fl
eus+ mer-s d business customers v411b It + a + +t, time 4
sale for- these per-sew misbing to use er-edit/debit ear-d to ptwehase
V1L,' JVl Y1VVJ V31-line .
SECTION 4: Amendment to Article 1 (In General) of Chapter 2
(Administration) of the Wylie Code of Ordinances. Article 1 (In General) of Chapter
2 (Administration) of the Wylie Code of Ordinances is hereby amended to add the
following provision:
"Sec.2-3. -Acceptance of payment by credit card authorized; service charge.
(a) City employees who are responsible for collecting fees, fines, court
costs or other charges are authorized to accept payment by credit
or debit card of such fees, fines, court costs or other charges.
(b) A service charge in an amount equal to that charged for the
collection of a check drawn on an account with insufficient funds
is hereby established and shall be charged by the City if, for any
reason, a payment by credit or debit card is not honored by the
credit card company on which the funds are drawn."
SECTION 5: Penalty. 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: Savings/Repealing. All provisions of the Code of Ordinances 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
2 Deletions are evidenced by strikeetgt.
Ordinance No.2016-29 Page 3 of 4
Amendment to the Wylie Code of Ordinances
i
the ordinance. Any remaining portions of such ordinances shall remain in full force and
effect.
SECTION 7: 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 fullforce 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 8: Effective Date. This Ordinance shall become effective from and
after its passage and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS,on this 14th day of November,2016.
Eric Hogue,Mayor
ATTESTED AND
CORRECTLY RECORDED: 14 10
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Car le Ehrlich, Ci ecretary
SIX Fe Rni�O4v
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Date to be publishedin The Wylie News-November 23,2016
Ordinance No.2016-29 Page 4 of 4
Amendment to the Wylie Code of Ordinances
•
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Tile 1Tarmer5bille times' • Murphy Monitor • The Princeton Herald • 7deSachse News • THE WYLIE NEWS
media
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, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinances No. 2016-18,2016-27,2016-28,2016-29
was published in said newspaper on the following date(s),to-wit:
November 23,2016
Chad Engbrock, Publisher
•
Subscribed and sworn before me on this, the day of )1/1V , 2016
to certify which witness my hand and seal of office.
L Al it
Notary Public in and;14/
J���ppvPLri SOMA A.pUGGAN The State of Texas
NotaryPublic,State of Teuas f� J6
;VI" comm.ex Expires 08-18-2020My commission expires 0,1 F/i-
p
*ihr ii" Notary ID 130783749
Murphy!Sachsc/Wylie Office• 110 N.Ballard•P.O.Box 369•Wylie.TX 75093•972-442-5515•fax 972-442-4318
Farnersville/Princeron Office• 101 S.Main•P.O.Box 512•Farrncrsville,TX 75442•972-784-6397•fax 972-752.7023
6C November 23 - 24, 2016
Ordinance Ordinance Ordinance
No.2016-18 No. 2016-27 No.2016-28 Ordinance
An Ordinance annex- An Ordinance of the An Ordinance of the No.2016-29
ing a certain 5.23 acres City Of Wylie, Texas, City of Wylie, Texas, An Ordinance of the
of land situated in the amending the Com- amending Chapter 74 city council of the
Francisco De La Pina prehensive Zoning offenses and, miscel-, City of Wylie, Texas,
Survey, .Abstract No. Ordinance of the City, laneous provisions, amending Wyllie's
688,.Tract 126, Collin Of Wylie, as hereto- adding Article XI —
Code of Ordinances,
County, Texas, being fore amended, so as i smoking regulations, Ordinance No. 2005- .,
all of a called 5.230 to change the zon- providing for a penalty 07,as amended,appen-
acre tract of land con- ing on the hereinaf- for the violation of this
- dix c (Wylie compre-
veyed to , Odie Hall ter described prop-a ordinance; providing hensive fee schedule),
erty, zoning case for repealing, sav-
Living Trust By Deed I � section i (water and
recorded in volume number 2016-12, from Ings and severability sewer• fees), subsec-
5424, Page 4662 of Planned Development 1 1 clauses; providing for tion o (penalty) and
The Deed Records of
2013-37-Single Family an effective date•of this section 2-3 (fee for us-
Collin, Texas; provid- District (PD2013-37- ordinance; and provid- ing credit/debit card to
in for penalty for SF) to Planned Devel- ing for the publication
g p y of the caption hereof. purchase city services).
the violation of this or- opment-2016-XX-Sin- of article 1 (in general)
dinance; providing for gle Family District of chapter 2 (admin-
the repeal of all ordi- (PD2016-XX-SF) To istration) to remove
nances in conflict;pro- allow a_ 5' rear, yard provisions requiring
viding a severability ! encroachment on ap- the assessment of a fee
clause; and providing proximately 350 acres-, If for the processing of a
for an effective date. providing for a penalty payment by credit or
for the violation of this debit card and the as-
ordinance; providing sessment of a fee "for
for the repeal of all the acceptance of such
ordinances in conflict; payment online; autho
providing a severabil- rizing the acceptance
ity clause; and provid- of payment by credit
ing for• an effective or debit card.of fees,
date. fines court costs or
other charges and au-
thorizing the collection
of a service charge if,
for any reason, a pay-
ment by credit or debit
I ,card is not honored;
providing for a pen-
II alty for the violation of
:.,:.. .
this ordinance; provid-
3' ing for repealing, sav-
ings and severability
clauses; providing for
an effective date of this
oildiaance; and provid-
ing for the publication
of the caption of this
ordinance.
29-1t-1431i