Ordinance 2005-69
ORDINANCE NO. 2005-69
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE
SCHEDULE ORDINANCE), SECTION 1.00 (WATER AND SEWER
RATES AND FEES), SUBSECTION 1.01 (WATER AND SEWER
SERVICE DEPOSIT), PARAGRAPH (d) OF SUBSECTION 1.06 (PAST
DUE PENALTY; RESTORATION CHARGES), THE HEADING AND
PARAGRAPHS (a) AND (b) OF SUBSECTION 1.10 (WATER AND
SEWER TAP FEES), SUBSECTION 1.16 (METER TESTING FEE) AND
ADDING SUBSECTION 1.17 (METER TAMPERING PENALTY)
ESTABLISHING NEW WATER DEPOSIT AMOUNTS, METER AND
WATER CONNECTION FEES, TAP FEES AND MAKING IT
UNLAWFUL TO TAMPER WITH METERS AND ESTABLISHING A
PENAL TY THEREFOR; 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 of Wylie, Texas ("City") finds it necessary to raise water deposit
amounts because of increases in the average monthly water bill, and
WHEREAS, as a result of the increase cost of the new radio read meters and installation
costs it is necessary for the City to increase the meter and water connection and tap fees, and
WHEREAS, due to the of high number of cut-offs performed monthly it is necessary to
raise the cut-off fee to act as a deterrent to non-payment, and
WHEREAS, the City wishes to impose penalties to aid in reducing meter tampering, and
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined
that it is beneficial and in the best interests of the citizens of Wylie to adopt the amendments to
Section 1.00 (Water and Sewer Rates and Fees) of Ordinance No. 98-16 as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findin2s 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. 98-16 (Consolidated Fees and Char2es/Fee
Schedule Ordinance) Section 1.01 (Water and sewer service deposit). Wylie Ordinance No. 98-
16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 1.01 (Water and sewer
service deposit) is hereby amended to read as follows:
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~ 1.01 Water and sewer service deposit.
Each water customer shall make a deposit to the City of Wylie for water service and
sewerage service base on meter size requested in accordance with the following schedule:
Meter Size
(I) 3/4 inch meter domestic
(2) 3/4 meter irrigation with domestic account
(3) 3/4 inch irrigation meter without domestic account $125.00
meter domestic $125.00
(5) 1 meter irrigation with domestic account
inch irrigation meter without domestic account
(7) 2 inch meter domestic
(8) 2 meter irrigation with domestic account
(9) 2 inch irrigation meter without domestic account
(10) All sewer service deposits
$75.00
$50.00
(4) 1 inch
$75.00
$200.00
$225.00
$115.00
$340.00
$20.00
(6) 1
SECTION 3: Amendment to Ordinance No 98-16 (Consolidated Fees and Char2es/Fee
Schedule Ordinance) Para2raph (d) Subsection 1.06 (Past due account penalty; restoration
char2es). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance),
Paragraph (d) Subsection 1.06 is hereby amended to read as follows:
(d) If it is necessary to terminate water service for nonpayment, a charge of $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 $65.00.
SECTION 4: Amendment to Ordinance No 98-16 (Consolidated Fees and Char2es/Fee
Schedule Ordinance) Para2raphs (a) and (b) of Subsection 1.10 (Water and sewer tap fees)
and the headin2 of Subsection 1.10. Wylie Ordinance No. 98-16 (Consolidated Fees and
Charges/Fee Schedule Ordinance), the heading of Subsection 1.10 and paragraphs (a) and (b) of
Subsection 1.10 are hereby amended to read as follows:
Heading:
~ 1.10 Water and sewer meter and tap fees.
Paragraphs (a) and (b):
(a) Water meters prices:
(1) 3/4 inch meter
(2) 1 inch meter
(3) 1 Y2 inch meter
(3) 2 inch meter
* Plus $50.00 Installation
(b) Water tap fees.
(1) 1 inch meter (base fee)
(2) over 1 inch meter, total cost of materials & labor
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$165.00*
$250.00*
$335.00*
$352.00*
$1,550.00
TBD
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SECTION 5: Amendment to Ordinance No. 98-16 (Consolidated Fees and Char2es/Fee
Schedule Ordinance) to add Section 1.17 (Meter tamperin2 fee). Wylie Ordinance No. 98-16
(Consolidated Fees and Charges/Fee Schedule Ordinance), Section 1.17 (Meter tampering fee) is
hereby amended to read as follows:
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 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.
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.
SECTION 6: Savin2s/Repealin2 Clause. All provisions of Wylie Ordinance No. 98-16 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 said 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
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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 anyone 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 adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 1 ih day of November, 2005.
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ATTEST:
Date to be published in The Wylie News - November 30. 2005
Ordinance No. 2005-69
Utility Billing Fee Ordinance
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