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ORDINANCE NO. 2019-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING ORDINANCE NOS. 90-10, 93-4, 97-4, 2001-19, 2006-25
AND 2012-18; UPDATING THE CAPITAL IMPROVEMENTS PLAN AND
WATER AND WASTEWATER IMPACT FEES TO BE ASSESSED BY THE
CITY OF WYLIE, TEXAS; ESTABLISHING A COLLECTION DATE;
ESTABLISHING PROCEDURES AND REGULATIONS REGARDING
WATER AND WASTEWATER IMPACT FEES; 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 HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas (“City Council”) previously
adopted Ordinance Nos. 90-10, 93-4, 97-4, 2001-19, 2006-25 and 2012-18 (individually and
collectively, “Water and Wastewater Impact Fee Ordinance”) of the City of Wylie, Texas (“City”
and/or “Wylie”), establishing land use assumptions, a capital improvements plan and water and
wastewater impact fees to be assessed by Wylie; and
WHEREAS, the City Council has investigated and determined that Wylie has fully complied
with Chapter 395 of the Texas Local Government Code (“Code”), concerning the notice, adoption,
promulgation and methodology necessary to adopt land use assumptions and a capital improvements
plan determining water and wastewater impact fees and has properly adopted the Water and
Wastewater Impact Fee Ordinance; and
WHEREAS, the City Council has reviewed the land use assumptions, capital improvements
plan and impact fees adopted under the Water and Wastewater Impact Fee Ordinance in compliance
with the Code; and
WHEREAS, the City Council desires to amend the capital improvements plan, the amount
of water and wastewater impact fees and the Water and Wastewater Impact Fee Ordinance; and
WHEREAS, Wylie has, within sixty (60) days after the date it received the updated capital
improvements plan, adopted an order setting a public hearing to discuss and review the same and to
determine whether to amend the same; and
WHEREAS, before the thirtieth (30th) day before the date of the hearing on the updated
capital improvements plan, Wylie sent a notice of the hearing by certified mail to all persons who
have given written notice by certified or registered mail to the Wylie City Secretary requesting notice
of the hearing within two (2) years preceding the date of adoption of the order setting the public
hearing; and
WHEREAS, Wylie published the required notice of the hearing in one or more newspapers
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of general circulation in each county in which Wylie lies before the thirtieth (30th) day before the
date set for the hearing; and
WHEREAS, on or before the date of the first publication of the notice of the hearing on the
proposed amendments, including the amount of the proposed water and wastewater impact fee per
service unit, such information was made available to the public; and
WHEREAS, the Capital Improvements Advisory Committee, created under Section 395.058
of the Code, filed its written comments on the proposed amendments to the capital improvements
plan and water and wastewater impact fees before the fifth (5th) business day before the date of the
public hearing on the amendments; and
WHEREAS, the City Council held a public hearing to discuss the proposed amendments to
the capital improvements plan and water and wastewater impact fees; and
WHEREAS, within thirty (30) days after the date of the public hearing on the proposed
amendments to the capital improvements plan and water and wastewater impact fees, the City
Council is considering whether to approve or disapprove the amendments as more fully set forth
below; and
WHEREAS, the City Council has investigated and determined that Wylie has fully complied
with Chapter 395 of the Code to approve the amendments to the capital improvements plan and water
and wastewater impact fees; and
WHEREAS, the City Council has further investigated and determined that it is in the best
interest of the citizens of Wylie to adopt such amendments to the capital improvements plan and
water and wastewater impact fees to assure the provision of adequate water and wastewater facilities
to serve new development by requiring each such development to pay its share of the costs of such
improvements necessitated by and attributable to such new development.
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 of Water and Wastewater Impact Fee Ordinance. The Water and
Wastewater Impact Fee Ordinance is hereby amended as set forth herein and in the “2019-2029
Water and Wastewater Impact Fee Update” report (“2019 Report”), a copy of which is attached
hereto as Exhibit A and incorporated herein by reference for all purposes. The Water and Wastewater
Impact Fee Ordinance is further amended to read as follows:
“Article 1. Purpose.
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This Ordinance is intended to assure the provision of adequate public facilities to serve new
development in the City by requiring each such development to pay its share of the costs of such
improvements necessitated by and attributable to such new development.
Article 2. Definitions.
Area-related facility means a capital improvement or facility expansion which is designated
in the impact fee capital improvements plan and which is not a site-related facility. Area-related
facility may include a capital improvement which is located offsite or within or on the perimeter of
the development site.
Capital improvement means any of the following water and wastewater facilities with a life
expectancy of three (3) or more years that are owned and operated by or on behalf of Wylie: water
supply, treatment and distribution facilities; wastewater collection and treatment facilities; and
storm water, drainage and flood control facilities, whether or not they are located within the service
area.
Capital Improvements Plan means a plan adopted by this Ordinance that identifies capital
improvements or facility expansions for which impact fees may be assessed.
City or Wylie means the City of Wylie, Texas.
City Council means the City Council of the City of Wylie, Texas.
Facility expansion means the expansion of the capacity of an existing facility that serves the
same function as an otherwise necessary new capital improvement, in order that the existing facility
may serve new development. The term does not include the repair, maintenance, modernization or
expansion of an existing facility to better serve existing development.
Final plat or final plat approval or approved final plat means the point at which the applicant
has complied with all conditions of approval and the plat has been released by the city for filing with
Collin, Rockwall or Dallas County, whichever is appropriate, and actually filed.
Impact fee means a charge or assessment imposed as set forth in this Ordinance against new
development for water and wastewater. The term does not include:
(a) Required dedications of land for public parks or payments in lieu thereof;
(b) Dedication of rights-of-way or easements or construction or dedication of onsite or
off-site water distribution, waste water collection or drainage facilities, or streets,
sidewalks, or curbs if the dedication or construction is required by a valid ordinance
and is necessitated by and attributable to the new development;
(c) Lot or acreage fees or pro-rata fees to be placed in trust funds for the purpose of
reimbursing developers for oversizing or constructing water or sewer mains or lines;
or
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(d) Other pro rata fees for reimbursement of water or sewer mains or lines extended by
Wylie.
Land use assumptions means a description of the service area and the projections of changes
in land uses, densities, intensities, population and employment growth in the service area over at
least a ten (10) year period and adopted by the city by Ordinance No. 2012-14, as may be amended
from time to time, upon which the capital improvements plans are based.
New development means a project involving the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation or enlargement of any structure, or any use or extension
of the use of land, any of which has the effect of increasing the requirements for capital improvements
or facility expansions, measured by the number of service units to be generated by such activity, and
which requires either the approval of a plat pursuant to the city’s subdivision regulations, the issuance
of a building permit or connection to the City’s water or wastewater system, and which has not been
exempted from these regulations by provisions herein or attached hereto. Installation of a larger water
meter will constitute new development.
Off-site means a facility or expansion that is not a Site-related facility, as defined herein.
Plat shall mean any type of plat required by law to be filed with the applicable county,
including but not limited to, a final plat, replat, amending plat and/or vacating plat.
Property owner has the same meaning as the term “applicant” in the City’s subdivision
regulations. Property owner includes the developer for the new development and the owner of the
property.
Recoup means the imposition of an impact fee to reimburse the City for capital improvements
which the City has previously oversized to serve new development.
Service area means the area of the City’s corporate limits and the City’s extraterritorial
jurisdiction, as they exist or may be altered, to be served by the capital improvements or facilities
expansions specified in the capital improvements plan.
Service unit means the standardized measure of consumption, use, generation or discharge
attributable to an individual unit of development, that had been calculated in accordance with
generally accepted engineering and/or planning standards, as indicated in the land use equivalency
tables located in the 2019 Report, which is attached hereto as Exhibit A and incorporated by reference
herein, as may be amended from time to time.
Single-family residential has the meaning given the term in the City’s zoning regulations, as
they exist or may be amended.
Site-related facility means an improvement or facility which is for the primary use or benefit
of a new development and/or which is for the primary purpose of safe and adequate provision of
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water and wastewater facilities to serve the new development, and which is not included in the capital
improvements plan and for which the property owner is solely responsible under subdivision or other
applicable regulations or which is located at least partially on the plat which is being considered for
impact fee assessment. Site-related facility includes that portion of an off-site water or wastewater
main, equivalent to a standard size water or wastewater main, which is necessary to connect any
new development with the City’s water or wastewater system, the cost of which has not been
included in the City’s impact fee capital improvements plan.
Utility connection means authorization to install a water meter for connecting a new
development to the City’s water system or to the City’s wastewater system.
Wastewater facility means a wastewater interceptor or main, lift station or other facility
or improvement used for providing wastewater collection and treatment included within the
City’s collection system for wastewater. Wastewater facility includes, but is not limited to, land,
easements or structures associated with such facilities. Wastewater facility excludes a site-
related facility.
Water facility means a water interceptor or main, pump station, storage tank or other
facility or improvement used for providing water supply, treatment and distribution service
included within the City’s water storage or distribution system. Water facility includes, but is
not limited to, land, easements or structures associated with such facilities. Water facility excludes
site-related facilities.
Water meter means a device owned by the City for measuring the flow of water to a
development, whether for domestic or for irrigation purposes.
Article 3. Applicability.
The provisions of this Ordinance regarding water and wastewater impact fees apply to all
new development within the corporate boundaries of the City and its extraterritorial jurisdiction, as
they exist or may be altered.
Article 4. Impact Fees Adopted for Water and Wastewater.
The previously adopted water and wastewater impact fees have been reviewed, evaluated,
updated and revised. The City Council finds that:
(a) the impact fees for water set forth in Exhibit A, attached hereto and incorporated
for all purposes, representing fifty percent (50%) of the total projected costs, are
hereby adopted and approved; and
(b) the impact fees for wastewater set forth in Exhibit A, attached hereto and
incorporated for all purposes, representing fifty percent (50%) of the total projected
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costs, are hereby adopted and approved.
Article 5. Impact fee as condition of development approval/permit issuance.
No final plat for new development shall be released for filing with the appropriate county,
or in the cases within Wylie’s extraterritorial jurisdiction for which no plat is submitted to
Wylie, whether the property is located inside or outside the corporate boundaries of Wylie, no
application for a utility connection shall be approved and/or certificate of occupancy shall be
issued, without assessment of a water and wastewater impact fee pursuant to this Ordinance. No
building permit shall be issued, or in the cases within Wylie’s extraterritorial jurisdiction for
which no plat is submitted to Wylie, utility connection made, for new development, until the
property owner has paid the water and wastewater impact fee imposed by and calculated herein or
a contract for payment is approved by Wylie and executed by the parties
Article 6. Assessment of water and wastewater impact fees.
(a) The assessment of the water and wastewater impact fee for any new development shall be
calculated and made as follows:
(1) For new development that received final plat approval prior to October 22, 2019 on
October 23, 2019
(2) For new development that received final plat approval on October 22, 2019 or after,
at the time of final plat approval; or
(3) For land on which new development is proposed to occur or occurs without platting,
upon the earliest of the following: (A) connection to the City’s water or sewer system;
(B) upon the ’issuance of a building permit; or (C) upon the ’issuance of a certificate
of occupancy.
(b) Following initial assessment of the impact fee for a new development pursuant to subsection
(a), the amount of the impact fee per service unit for that development cannot be increased,
unless the approved final plat expires or lapses under applicable ordinances or law or the
owner proposes to change the approved development by the submission of a new
development application or application to increase the number of service units, in which case
the impact fee will be reassessed for increased or additional service units at the impact fee
rate then in effect.
(c) Following the lapse or expiration of a final plat that has been approved, or a final plat deemed
approved due to “failure of Wylie to act”, a new assessment shall be performed at the time
of new final plat approval in accordance with this Ordinance. For land for which an
assessment is made without platting (in accordance with Article 6, Section (a)(3)), a new
assessment shall be performed following a termination of water or sewer service or expiration
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of a building permit or certificate of occupancy.
Article 7. Computation and collection of impact fees.
(a) The impact fees due on new development shall be collected at the time of application for a
building permit or, in the cases within Wylie’s extraterritorial jurisdiction for which no plat
is submitted to Wylie, at the time of application for utility connection, unless an agreement
between the developer and the city has been executed providing for a different time of
payment, or at the time of the issuance of a certificate of occupancy if the assessment is made
upon the issuance of the certificate of occupancy under Article 6, Section (a)(3)(C).
(b) At the time of final plat approval, or the request for a utility connection for an area in the
City’s extraterritorial jurisdiction for which a final plat was not submitted to the City, for
all new developments, the City shall compute the impact fees due for the new development
in the following manner:
(1) The amount of each type of impact fee due (water and/or wastewater) shall be
determined by multiplying the number of each type of service units generated by the
new development by the impact fee due for each type of service unit in the applicable
service area set forth in Exhibit A. For assessments made in accordance with Article
6, Section (a)(1), service units that received a building permit prior to October 22,
2019 shall be excluded when computing the impact fees.
(2) The amount of each impact fee due shall be reduced by any allowable credits for that
category of capital improvements in the manner provided by this Ordinance.
(c) Whenever a property owner proposes to increase the number of service units for a new
development, the additional impact fees collected for such new service units shall be
determined by using the amount of impact fee per service unit in Exhibit A then in effect,
and such additional fee shall be collected at the time of issuance of a new building permit,
or for an area in the city’s extraterritorial jurisdiction for which a final plat was not
required to be submitted to the city, prior to or at the time of enlargement of the connection
to the city’s water or wastewater system.
Article 8. Credits against impact fees.
(a) Any construction or contributions to or dedications of any area-related facility appearing in
the capital improvements plan that is required to be constructed by a property owner as a
condition of new development shall be credited against the impact fees otherwise due on that
new development from the same category (water or wastewater) of impact fees assessed on
the new development.
(b) All credits against impact fees shall be subject to the following limitations and shall be
granted based on this Ordinance and any additional administrative guidelines that may be
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adopted by the City.
(1) No credit shall be given for the dedication or construction of site-related facilities.
(2) No credit shall exceed an amount equal to the assessed impact fee.
(3) If a credit applicable to a final plat has not been exhausted within ten (10) years from
the acquisition of the first building permit issued or, in the cases within Wylie’s
extraterritorial jurisdiction for which no plat is submitted to Wylie, connection made
after the effective date of the adoption of the applicable impact fees, or within such
period as may otherwise be designated by contract, such credit shall lapse.
(4) In no event will the City reimburse the property owner or developer for a credit when
no impact fees for the new development can be collected pursuant to City ordinance
or for any amount exceeding the total impact fees due for the new development for
the category of capital improvement, unless otherwise agreed to by the City.
(c) The available credit associated with new development shall be applied against an impact fee
in the following manner:
(1) For single-family residential lots in a new development consisting only of single-
family residential development, such credit shall be prorated equally among such lots,
to be applied at the time of application of a building permit for each lot, against impact
fees to be collected at the time the building permit is issued.
(2) For all other types of new development, including those involving mixed uses, the
credit applicable to the new development shall be applied to the impact fee due at the
time of approval.
(3) At its sole discretion, the City may authorize alternative credit agreements upon
written agreement with the property owner in accordance with the City’s
administrative guidelines.
Article 9. Establishment of accounts.
(a) The City shall establish an account to which interest is allocated for the service area for each
type of capital facility for which an impact fee is imposed. Each impact fee collected within
the service area shall be deposited in such account.
(b) Interest earned on the account into which the impact fees are deposited shall be considered
funds of the account and shall be used only in the same manner as which the underlying funds
may be used.
(c) The City shall establish adequate financial and accounting controls to ensure that impact fees
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disbursed from the accounts are utilized solely for authorized purposes.
(d) The City shall maintain and keep financial records for impact fees, which shall show the
source and disbursement of all fees collected in or expended within the service area. The
records of the account into which impact fees are deposited shall be open for public
inspection and copying during ordinary business hours. The City may establish a fee for
copying services.
Article 10. Use of proceeds of impact fee accounts.
(a) The impact fees collected for the service area may be used to finance or to recoup the costs
of any capital improvements or facility expansion identified in the capital improvements plan
for the service area, including but not limited to the construction contract price, surveying
and engineering fees, land acquisition costs (including land purchases, court awards and
costs, attorney’s fees and expert witness fees). Impact fees may also be used to pay the
principal sum and interest and other finance costs on bonds, notes or other obligations issued
by or on behalf of the City to finance such capital improvements or facility expansion.
(b) Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the
following expenses:
(1) Construction, acquisition or expansion of public facilities or assets other than capital
improvements or facility expansions identified in the capital improvements plan;
(2) Repair, operation or maintenance of existing or new capital improvements or facility
expansion;
(3) Upgrade, update, expansion or replacement of existing capital improvements to
provide better service to existing development; or
(4) Administrative and operating costs of the City.
Article 11. Refunds.
(a) Upon application by an owner of property, any impact fee or portion thereof collected
pursuant to City ordinance, which (i) has not been expended within ten (10) years from the
date of payment, or (ii) existing facilities are available and service is denied, or (iii) the City
has, after collecting the impact fee when service was not available, failed to commence
construction within two (2) years or service is not available within a reasonable period
considering the type of improvement or expansion, but in no event later than five (5) years
from the date of payment; payment shall be refunded to the record owner of the property for
which the impact fee was paid or, if the impact fee was paid by another governmental entity,
to such governmental entity, together with interest calculated from the date of payment to the
date of refund at the statutory rate as set forth in the Texas Finance Code, Section 302.002,
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or its successor statute. The application for refund pursuant to this article shall be submitted
within sixty (60) days after the expiration of the ten-year period for expenditure of the fee.
An impact fee shall be considered expended on a first-in, first-out basis.
(b) An impact fee collected pursuant to this Ordinance shall also be considered expended if the
total expenditures for capital improvements or facility within the service area within ten (10)
years following the date of payment exceed the total fees collected within the service area for
such improvements or expansions during such period.
(c) If a refund is due pursuant to subsections (a) and (b), the City shall divide the difference
between the amount of expenditures and the amount of the fees collected by the total number
of service units assumed within the service area for the period to determine the refund due
per service unit. The refund to the record owner shall be calculated by multiplying the refund
due per service unit by the number of service units for the development for which the fee was
paid, and interest due shall be calculated upon that amount.
(d) Upon completion of all the capital improvements or facility expansions identified in the
capital improvements plan for the service area, the City shall recalculate the impact fee per
service unit using the actual costs for the improvements or expansions. If the impact fee per
service unit based on actual cost is less than the impact fee per service unit paid, the City
shall refund the difference, if such difference exceeds the impact fee paid by more than ten
(10) percent. If the difference is less than ten (10) percent, no refund shall be due. The refund
to the record owner shall be calculated by multiplying such difference by the number of
service units for the development for which the fee was paid, and interest due shall be
calculated upon that amount.
Article 12. Updates to plan and revision of fees.
(a) The City shall update its land use assumptions and capital improvements plans at least every
five (5) years, commencing from the date of adoption of such plans, and shall recalculate the
impact fees based thereon in accordance with the procedures set forth in Texas Local
Government Code Chapter 395 or in any successor statute.
(b) The City may review its land use assumptions, impact fees, capital improvements plans and
other factors such as market conditions more frequently than provided in subsection (a) to
determine whether the land use assumptions and capital improvements plan should be
updated and the impact fee recalculated accordingly, or whether any Exhibit(s) hereto should
be changed.
(c) If, at the time an update is required pursuant to subsection (a), the City Council determines
that no change to the land use assumptions, capital improvements plan or impact fee is
needed, it may dispense with such update by following the procedures in Texas Local
Government Code Section 395.0575 or its successor statute.
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(d) In addition to the reviews required by this Article, the City shall also conduct the reviews
required by Article 4, Impact Fees Adopted for Water and Wastewater, above.
Article 13. Use of other financing mechanisms.
(a) The City may finance capital improvements or facility expansion designated in the capital
improvements plan through the issuance of bonds, through the formation of public utility
districts or other assessment districts, or through any other authorized mechanism, in such
manner and subject to such limitations as may be provided by law, in addition to the use of
impact fees.
(b) Except as herein otherwise provided, the assessment and collection of an impact fee shall be
additional and supplemental to, and not in substitution of, any other tax, fee, charge or
assessment which is lawfully imposed on and due against the property.
Article 14. Impact fee as additional and supplemental regulation.
Impact fees established by this Ordinance are additional and supplemental to, and not in
substitution of, any other requirements imposed by the City on the development of land or the
issuance of building permits or certificates of occupancy, including but not limited to thoroughfare
impact fees Such fee is intended to be consistent with and to further the policies of the City’s
comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision
regulations and other City policies, ordinances, codes and resolutions by which the City seeks to
ensure the provision of adequate public facilities in conjunction with the development of land.
Article 15. Relief procedures.
Any person who has paid an impact fee or an owner of land upon which an impact fee has
been paid may petition the City Council to determine whether any duty required by this Ordinance
has not been performed within the time so prescribed. The petition shall be in writing and shall state
the nature of the unperformed duty and request that the duty be performed within sixty (60) days of
the request. If the City Council determines that the duty is required pursuant to this Ordinance and is
late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the
request and to continue until completion.”
SECTION 3: Capital Improvements Plan Adopted. The previously adopted capital
improvements plan has been reviewed, evaluated, updated and revised, and the City Council finds
that the capital improvements plan that is set forth in the 2019 Report is hereby adopted and
approved.
SECTION 4: Repealing/Saving. The Water and Wastewater Impact Fee Ordinance shall
remain in full force and effect, save and except as amended by this or any other Ordinance. All
provisions of any other ordinances 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
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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 portion of conflicting
ordinances shall remain in full force and effect
SECTION 5: Penalty. Any person, firm, entity or corporation who violates any provision of
this Ordinance, as it exist or may be amended, shall be deemed guilty of a misdemeanor, and upon
conviction therefore, shall be fined in a sum not exceeding TWO THOUSAND AND 00/100
DOLLARS ($2,000.00). Each continuing day’s violation 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 pursuant to local, state and
federal law.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional and/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, regardless of whether any one or more sections, subsections,
sentences, clauses or phrases are declared unconstitutional and/or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective immediately upon its
adoption and publication as required by law and the City Charter.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 22nd day of October, 2019.
_____________________________________
Eric Hogue, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
____________________________
Stephanie Storm, City Secretary
Date of Publication: October 30, 2019, Wylie News
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Exhibit A
2019-2029 Water and Wastewater Impact Fee Update
[43 pages attached hereto]
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