Loading...
06-23-1987 (City Council) Agenda Packet AGENDA REGULAR MEETING, CITY COLDICIL CITY OF WYLIE, TEXAS TUESDAY, JUTE 23, 1987 7:66 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 8 Consider approval of minutes. 2 9 - 11 Notice of pending expiration of member terms on Library Board, Construction Trades Board and Zoning Board of Adjustments. PUBLIC READING OF ORDI /FEARINGS 3 12 - 14 Consider amendment to Ordinance 78-17 regarding regulation of vehicular truck traffic on City streets. 4 15 - 20 Consider amendment to Ordinance 84-12 providing for fees and charges for emergency medical services provided by the City. 21 - 22 Consider ordinance establishing smoking and non-smoking areas in Municipal Complex. (Council member request) OLD BUSINESS 6 23 - 26 Consider presentation by Mr. Laird Markland of McCreary, Vese l ka, Beck and Allen, P. C. regarding termination of delinquent tax collection contract. 7 Consider Council discussion on color scheme selection and textures for the new Municipal Complex. (Council member request ) 8 27 - 28 Consider approval of Special Warranty Deed from K. C. Swayze regarding 1. 930 acres of land. GENERAL DISCUSSION 9 Citizen Participation. ORDER OF PAGE BUSINESS mERENCE VIMMOgi 10 Council Discussion. FINANCIAL CONSIDERATIONS 11 29 - 30 Consider approval and authorization for Mayor to sign task order #4 from CH2M Hill regarding design of wastewater treatment plant. 12 Consider awarding professional services contract under Mayor' s signature for utility rate study. 31 - 33 (a) Reed-Stowe & Co. 34 - 38 (b) Charles Binford Jr. , Financial Consultant. 13 39 Consider approval of attorney' s fees in connection with recall petition. (total $7, 057. 23) 14 40 - 73 Consider Council discussion on Senate Bill 336 ( Impact Fee Bill) . 15 Recess open meeting. EXECUTIVE SESSION 16 Convene Executive Session under the authority of Article 6252-17 of V. A. C. S. Section 2 - Legal Matters Consultation between the Governmental Body and its Attorney. 17 Reconvene open meeting. 18 Consider any action from Executive Session. 19 ADJOURN CALLED CITY COUNCIL MEETING-MINUTES JUNE 4, 1987 7:00 P. M. The Wylie City Council met in a called meeting on Thursday June 4, 1987 at the Rita °. Truett Smith Library. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro-Tem Sandra Donovan, Councilmember=-. John Akin, Calvin Westerhof, Christopher DiTota, Kent Crane, Marvin Blakey, Staff present Acting City Manager James Johnson, Deputy City Secretary Debbie Peoples, Roy Faires. Mayor Trimble called the meeting to order at 7: 10 P. M. CONSIDER SEATING OF MEMBERS AT CITY COUNCIL TABLE: Suggested seating for City Manager and City Secretary was discussed, also seating of attorney. It was not decided if the City Attorney would be seated at Council table, although some concern was stated as to him being ask to make an immediate decision on an issue without first researching it. It was discussed that the City Secretary be seated away from the Council at a desk off to the side or at the head of the staff table. Since it is necessary for the City Manager and the Mayor to confer on various issues, that he be seated at the Council table to the right of the Mayor. Council was considering table length in determining who would be seated where. Staff stated that it would be wise to leave the length and not cut cost to allow for future Councils seating preferences as well as this Councils desires. Original table length was four foot per person allowed. Motion was made by Councilman Westerhof to seat City Secretary at a side desk, to leave table length the same size but modify it to angle in somewhat. Seconded by Councilman Blakey. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Coucilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor-, Councilman Crane-in favor, Councilman Blakey-in favor. Motion carried with all in favor. CONSIDER SETTING WORKSHOP DATE WITH COUNTY ON SPRING CREEK PARKWAY: Motion was made by Mayor Pro-Tem Donovan to meet in the -Beta & Truett Smith Library July 14, 1987 at 7:00 P. M. for workshop. Seconded by Coucilman Akin. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor , Councilman Blakey-in favor . Motion carried with all in favor . CONSIDER PRESENTATION OF AMENDED BUDGET PROPOSALS: Acting City Manager James Johnson stated Wylies tax collection will be the lowest in 12 to 14 years. Total del i quent taxes total 124, 000. 00. Anticipated shortfall reg ardino ambulance and EMS 50-55, iii=0. c_,c . He also stated the first time 7. 5': had not been cut because by cutting that much would mean a reduct ion in services. His cash flow projections, based on the current basis we will have to start borrowing tax acticipation notes in August, maybe July. Both general and l utility fund will fall short by approximately 161 , 000. 00 which will be addressed by the department heads when they again revise their budgets. Proposed cuts include a freeze on hiring; except police personnel , all capital budget items that are in the operating fund be frozen, complete reduction in overtime unless on an emergency situation, further reduction in operating supplies, and a standby reduction in workforce implemented by the department heads. Council asked what the biggest cost contributors to the budget problems were. Staff stated the sewage pumping, major repairs to lift stations, improvements to the WWTP, chemicals, lab analysis arrd a 37% increase in workman comp and a doubling in liability insurance. Contract mowing and reduction in library operating hours will be an example of the cuts in services. A clean up day to clean up the City by the Councilmembers was suggested to show that they are willing to pitch in. CONSIDER ADOPTION OF AMENDED BUDGET: No action taken. CONSIDER WATER AND SEWER RATE REVISIONS: Staff suggested to Council to hire consultant for a professional rate study as implied by the CH2M Hill report at an estimated cost of $7500. 00 to $10, 000, Oo. Staff also stated that this survey be done quickly. Council agreed rate study was needed and ask what Councilmembers would be able to attend the June 17 meeting in Austin with the Texas Water Commission. Councilman Westerhof stated that he would attend. Councilman Westerhof made the motion to allow staff to pursue rate study. Seconded by Mayor Pro-Tem Donovan. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. Motion carried with all in favor. CONSIDER AUTHORIZATION FOR STAFF TO BEGIN COST ESTIMATES FOR SIDEWALK: FROM RUSTIC TRAIL CROSSING TO BIRMINGHAM ROAD CROSSING GUARDS STATION: Matching money from the school district will also be avalible, with our cost approximately $1, 000. 00. Motion was made by Councilman Crane to give staff authorization to proceed with the rate study. Seconded by Mayor Pro-Tem Donovan. The vote was follows: Mayor Trimble- in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman Di Tota-i n favor, Councilman Crane-in favor, Councilman Blakey-in favor. Motion carried with all in favor. There being no other business for discussion a motion was made to adjourn with all in favor. Chuck Trimble, Mayor ATTEST: Debbie Peoples, Deputy City Secretary c2 REGULAR CITY COUNCIL MEETING-MINUTES JUNE 9, 1987 7: 00 P. M. The Wylie City Council met in a regular meeting on Tuesday June 9, 1987 at the Community Room 800 Thomas St. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Councilmemebers John Akin, Calvin Westerhof , Christopher DiTota, Kent Crane, Marvin Blakey. Staff present Acting City Manager James Johnson, Deputy City Secretary Debbie Peoples, Don White, Ron Homeyer Mayor Trimble called the meeting to order at 7:05 and Councilman Ditota gave the invocation. CONSIDER APPROVAL OF MINUTES: Minutes were submitted for the May 21 and May 26 meetings. There being no additions or corrections a motion was made Councilman Westerhof to approve as submitted. Seconded by Councilman DiTota. The vote was as follows: Mayor Trimble-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Coun i l man Blakey-in favor. Motion carried with all in favor. CONSIDER RESIGNATION OF JAYNE CHAPMAN FROM THE PARKS AND RECREATION BOARD (TERM EXPIRES JULY 1987) : Motion was made by Councilman DiTota to accept. Seconded by Councilman Westerhof. The vote was as follows: Mayor Trimble-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Blakey-in favor. Motion carried with all in favor. CONSIDER APPOINTMENT OF ONE MEMBER TO THE PARKS AND RECREATION BOARD: Council instructed staff to poll present board members and check their availability to serve another term. Motion was made by Councilman DiTota to table this appointment since the members term would expire in July of this year that this position not be filled until then. Secon ded by Councilman Westerhof. The vote was follows: Mayor Trimble-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Blakey-in favor. Motion carried with all in favor. CONSIDEF.: RESIGNATION OF BILL CHAPMAN FROM THE PLANNING AND ZONING COMMISSION (TERM EXPIRES JULY 1987) Motion was made by Councilman Blakey to accept resignation. Seconded by Councilman DiTota. The vote was as follows: Mayor Trimble-in favor , Councilman Akin-in favor , Councilman Westerhof-in favor, Councilman Di Tota-in favor, Councilman Blakey-in favor . Motion carried with all in favor. CONSIDER AF'POINTMEMT OF ONE MEMBER TO THE PLANNING AND ZONING COMMISSION: Motion was made by Councilman DiTota to table. Seconded by Councilman Blakey. The vote was as follows: Mayor Trimble-in favor, Councilman Akin-in favor, Councilman Westerhof-in f avar, Councilman Di Tota-i n favor , Councilman Blakey-in favor. Motion carried with all in favor. 3 NOTICE OF PENDING EXPIRATION OF MEMBERS TERMS TO PARKS AND RECREATION BOARD AND PLANNING AND ZONING COMMISSION: Mayor Trimble instructed staff to poll present members and check their availability to serve another term. CONSIDER AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED, BY ADDING TO SPECIFIC USE THE LISTING OF "FAWN SHOPS" : Motion was made by Councilman Akin to accept the amendment. Seconded by Councilman Westerhof . The vote was as follows: Mayor- Trimble-in favor, Councilman Akin-in favor. Councilman Westerhof-in favor, Councilman Di Tot a-i n favor, Councilman Blakey-in favor. Motion carried with all in favor. CONSIDER DISCUSSUION OF PRESENT CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES: Staff stated concern over collection ratios. Current year collection percentage is down significantly over previous years. To date only about 97% of total current levy has been collected. Current year taxes are now deliquent. CONSIDER DISCUSSION OF PROPOSAL FOR THE COLLECTION OF DELINQUENT TAXES FROM LAW FIRMS OF SALLINGER, NICHOLS, JACKSON, KIRK, DILLARD (DALLAS,TEXAS) AND RAY, WOOD AND FINE (AUSTIN, TEXAS) : Council discussion centered around past performance of present collection firm. Reason given for the termination of the contract were the numerous complaints received from taxpayers on notices received from the firm. These taxpayers had already paid their taxes previously. Secondly, Council discussed the high dollar amounts of deliquent taxes that had been uncollected since 1985 as well as this year. Council discussion continued as they felt the McCreary firm should be doing a better job of collection. Councilman Akin felt we should contract our legal services with the Sal1inger, Nichols, Jackson, Kirk & Dillard firm which currently represents in the City in most legal matters. Motion was made by Councilman Westerhof to terminate contract with McCreary and to go with our present law firm of Sallinger, Nichols, Jackson, Kirk and Dillard. Seconded by Councilman Akin. The vote was as follows: Mayor Trimble-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman Di Tota-i n favor, Coy Inc i l amn Blakey-in favor. Motion carried with all in favor. CONSIDER PRESENTATION OF FIRMS REGARDING UTILITY RATE STUDY. (a) REED-STOWE & CO. (b) CHARLES BINFORD JR. , FINANCIAL CONSULTANTS: Mr. Reed began by giving background on Reed-Stowe & Co. Together they bring 40 plus years in the public sector, that being service to cities and employment by cities. Mr. Stowe stated they were soley dedicated to the public sector. They would like to consult staff and Council as to their goals and objectives involving this rate study. Suggested building operating data base to get overall picture as to where shortfalls might lay. To develop the comsumpt i on history, and a comparative rate study and those rates charged by other selected municipal governments in the area. Review of current and projected balances in the Impact Fund and review of other services which support the Utility Enterprise Fund and to make necessary adjustments. Mr. Binford stated his 25 years of government experience, with responsibility for several water and sewer rate studies. Objectives proposed would be an examination of the rates currently charged by the City for water and sewer rates. Project revenues and expenses for the Enterprise Fund +or the current year and through the fiscal year 1992. Included also would be a review of current rates of the and a comparison of selected municipal government_ in the regional area. A review of the City' s Impact and Lift Station Funds as well as a review of other service charges 4/ which support the Utility Enterprise Fund to determine if adjustments in these other service charges and fees should be adjusted. CONSIDER AWARDING PROFESSIONAL SERVICES CONTRACT FOR UTILITY RATE STUDY: Motion was made by Councilman Akin to table this item. Seconded by Councilman Blakey. The vote was follows: Mayor Trimble-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor. Councilman Blakey-in favor. The motion carried with all in favor. CONSIDER PRESENTATION OF LARRY BRASWELL REGARDING CITY UTILITY RATES: Mr. Braswell asked how the City figured the usage rates. Staff stated a study was conducted on past years average and the study was submitted to the Council last year- for this year. A bill frequency report was also done and found the average customer in Wylie uses 131 , 000 gallons annually. Based on this the current rates were established. CITIZENS PARTICIPATION: Mr. Bart Fetticort 104 Douglas Dr. He purchased a lot from Harold Spence and paid an Impact fee. He would like to know where the money went. Staff stated it went into the Impact Fund and was used for capital improvements subject to Council approval . He also stated his idea of trash pick up only once a week: compared to twice for- a lesser rate. Staff stated the difference would be only approximately 60 cents. Two citizens came forth in regards to explanation of their rates, no name or address given. Complaints of high taxes stated. Staff explained reasons-ie, sewer problems. Complaints of house on 502 Silverleaf Court filled with debris and weeds. Their concerns were of teen-agers entering_ and concern of it being a hazard to the neighbors and thier children. COUNCIL DISCUSSION: Councilman Akin stated concern over addressing the weed ordinance and enforcing it in a more timely manner. Also questioned the rate for garbage collection at Mr. BBC]. Staff stated they would check into it. Councilman DiTota asked status of the protest of the light pole installation. Councilman Blakey stated citizens concern over drainage on the north side of Stone Road. Staff stated that a study of this area had been done and the cost was the main reason it had not been addressed. CONSIDER APPROVAL OF DRAW #7 TO SPEED FAB CRETE IN THE AMOUNT OF $165,578. 87 REGARDING THE MUNICIPAL COMPLEX: Staff stated that they were satisfied with request for approval . Motion was made be Councilman Westerhof to approve. Seconded by Councilman Akin. The vote was as follows: Mayor Trimble-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. Motion carried with all in favor. The Mayor recessed the regular meeting and convened Council into Executive Sesssion under the authority of Article 6252- 17 of V. A. C. S. , Section 2-Legal Matters between the Governmental Body and its Attorney. Mayer Trimble reconvened the open meeting . CONSIDER ANY ACTION FROM EXECUTIVE SESSION: No action taken. --_--- There being no more business a motion w a s made to a d 7 o u r-f i with all in favor. Chuck Trimble, Mayor ATTEST: Debbie Peoples, Deputy City Secretary ZONING BOARD OF ADJUSTMENTS MINUTES THURSDAY-APRIL 23, 1987 COMMUNITY ROOM-7:0U P. M. 800 THOMAS STREET The Zoning Board of Adjustments met in regular session on April 23, 1987 in the Community Room at 800 Thomas Street. A quorum was present and notice of themeeting was posted in a time and manner required by law. Members present were Charirman Art Harris, Vice Chairman Garry Ludwig, Paul Gaddy, N. C. Jefferies, Code Enforcement Officer Roy Faires, and Ruth Bennett , Secretary. Ron Jefferies was also present representing Dan Dan Homes. Meeting was called to order by Chairman Art Harris. APPROVAL OF THE MINUTES: Vice Chairman Garry Ludwig made a motion to approve the minutes with Paul Gaddy seconding that motion. All were in favor. CONSIDER APPROVAL OF SIDE YARD SET BACK AT LOT 8, BLOCK FL RUSTIC OAKS IL 201 N. WINDING OAK ST. : Art Harris brought it to the attention of the Board that there could have been construed a conflict of interest between the builder and one of our board members. He then ask Member N. C. Jefferies if he had anything rnonitary to gain from this? N. C. Jefferies answer was no, but he had signed some notes again not on this house. Art Harris said there was no conflict of interest in N. C. Jefferies serving on the Board. We have an application from Dan Dac Homes requesting a variance for approximately 3 1/2 ft. on south side of lot because of 20 ft. building line, 20 ft. is on the Jefferson St. side. Art Harris ask to here from the City on this. Mr. Faires said this was a semi-pie shaped lot and under the terms of our ordinance we do require a 20 ft. side yard set back on the street side and contrary to belief the other side need only be 6 ft. . Mr. Jefferies has said he would have no qualms in moving the house to the required side yard set back of 6 ft. and he would be only 1. 2' over if approved in the front. The sole purpose of this configuration of set backs is to provide sight clearance around the corner. Due to the lot conformity I can' t see that there would be any sight clearance by granting this variance the question and answers were given and the reasoning for the special conditions can be blamed both on the engineer who drew the subdivision and the the City of Wylie Planning and Zoning Commission for approving this conformity of a lot, and it I would not be any fault of this particular applicant' s actions. Mr. Harris asked Mr. Jefferies just for the record that he would move the house over instead of the 7 ft. on the north side you would move to 6 ft. and that would leave 1. 2" encrouchment on the other side. Mr. Jefferies replied, yes. We had 19 letters sent out with 5 letters returned, 4 unclaimed and 1 in favor. Garry Ludwig made a motion to grant the variance with a 1. 2 " stipulation of the Jefferson St. side with Paul Gaddy seconding the motion. All were in favor. ADJOURN. Art arris, Chairman I MEMORANDUM TO: COUNCILMEMBE FROM: DEBBIE PEOPLES RE: APPOINTMENT OF N W MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS DATE: JUNE 19, 1987 Terms for all members listed below will expire in July 1987. Please consider appointments to fill these positions. Art Harris N.C. Jefferies Wanda Graff Gary Ludwig Cleo Adams Paul Gaddy Dr. Rob Tanella Cecelia Woods 9 MEMORANDUM TO: COUNCILMEMBERS FROM: DEBBIE PEOPLES RE: APPOINTMENT OF NEW MEMBERS TO THE LIBRARY BOARD DATE: JUNE 19, 1987 Terms for all members listed below will expire in July 1987. Please consider appointments to fill these positions. Mary Jo Smith Ray Mullins Betty Stephens Marjorie Hillis Reta Smith /0 MEMORANDUM TO: COUNCILMEMBER FROM: DEBBIE PEOPLES RE: APPOINTMENT OF NEW MEMBERS TO THE CONSTRUCTION TRADE BOARD DATE: JUNE 19, 1987 Terms for all members listed below will expire in July 1987. Please consider appointments to fill these positions. Kevin St. John Glenn Morrow John Seeley Mickey Foster Raymond Sweeney Mike Worthington Gary Mitchell Derek Ammerman MEMQRANDUM TO: James Johnson, Acting City Manager FROM: Roy Faires, Code Enforcement Officer RE: Ordinances and Problems therewith DATE: June 12, 1987 At your request we are attempting to correct, and I feel succeeding in correcting, two potentially untenable positions. Item 1. On September 26, 1986 a truck control ordinance was presented to the City Council, according to the minutes the ordinance was reworded and passed. Our investigation indicates that the reworded ordinance was never written, signed, or published. The catalyst came when the Chief of Police attempted to inforce the ordinance as corrected and was challenged. We could not produce the ordinance, therefore the Chief could not file a case. We have rewritten this ordinance to read as the Council desired and present it for proper processing. Item 2. On October 28, 1986 an "Ordinance" was passed, duly numbered #86-82A and signed, it concerned ambulance fee schedules. You requested an amendment to this ordinance. In preparing the amendment I observed what appeared to be a missing key phrase, to be absolutely certain I contacted Mr. Larry Jackson, the City Attorney, he verified that my observation and assumption was correct. That is that without the key phrase (BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS) the document is indeed not an ordinance. I have therefore reconstructed this document and am presenting it to you for processing. SUMMATION: Neither of these documents was generated in my office nor, until your request, did I have any reason to research these documents. By the very dates of the occurances you were still Finance Director and therefore would have had no reason to be involved. I have made no attempt to establish quilt in this matter however, it should be perfectly clear to even the casual observer that the responsibility lies niether at your door nor mine. /021-- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE 78-17, THE "TRAFFIC ORDINANCE" OF THE CITY OF WYLIE AS HERETOFORE AMENDED. SPECIFICALLY ARTICLE IV, SECTION 20, PARAGRAPH "b" AMENDING THE VEHICULAR WEIGHT OF TRUCK TRAFFIC ON THE STREETS OF THE CITY. PROVIDING A REPEALING CALUSE, PROVIDING A SEVERABILTIY CLAUSE, PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That article 1, Section 20, paragraph (b) is hereby amended so that the amended paragraph reads as follows: Article IV Traffic Control Devices (b) Compliance required. It shall be unlawful for any truck with a rating of over two (2) tons with tandem axle and/or any truck trailer or tractor trailer to use, travel upon or be driven over any street, avenue or highway within the City not designated as a truck route. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in A conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and / 3 shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of , 1987. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 4/ MEMORANDUM TO: James Johnson, Acting City Manager FROM: Roy Faires, Code Enforcement Officer j* RE: Ordinances and Problems therewith DATE: June 12, 1987 At your request we are attempting to correct, and I feel succeeding in correcting, two potentially untenable positions. Item 1. On September 26, 1986 a truck control ordinance was presented to the City Council, according to the minutes the ordinance was reworded and passed. Our investigation indicates that the reworded ordinance was never written, signed, or published. The catalyst came when the Chief of Police attempted to inforce the ordinance as corrected and was challenged. We could not produce the ordinance, therefore the Chief could not file a case. We have rewritten this ordinance to read as the Council desired and present it for proper processing. Item 2. On October 28, 1986 an "Ordinance" was passed, duly numbered #86-82A and signed, it concerned ambulance fee schedules. You requested an amendment to this ordinance. In preparing the amendment I observed what appeared to be a missing key phrase, to be absolutely certain I contacted Mr. Larry Jackson, the City Attorney, he verified that my observation and assumption was correct. That is that without the key phrase (BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS) the document is indeed not an ordinance. I have therefore reconstructed this document and am presenting it to you for processing. SUMMATION: Neither of these documents was generated in my office nor, until your request, did I have any reason to research these documents. By the very dates of the occurances you were still Finance Director and therefore would have had no reason to be involved. I have made no attempt to establish quilt in this matter however, it should be perfectly clear to even the casual observer that the responsibility lies niether at your door nor mine. CITY OF W-Y-LIE 108 S. JACKSON - P.O. BOX 428 WYUE, TEXAS 75098 (214) 442-2236 , ,.t O DAT:: June 4, 1987 TO : James Johnson, Acting City :tanager FRG : Prudence ""ling, Supervisorof � ir:ar_ce R : Ambulance Fees According to current operational procedures, medicare ' s fiscal year begins July 1. I propose the City raise ambulance fees for the upcoming year. Attached you will find county ambulance charges which reflect fees higher than currently assessed by the City of Wylie. Therefore, based on the aforementioned data , I recommend the following changes in the City Ordinance 86-82A to reflect rate increase in ambulance fees effective June 30 : Section 12-1 $125.00 to $150 .00 12-2 S100 .00 to $125.00 12-3 $; 75.00 to $100 .00 12-4 $ 50 .00 to $ 75.00 Standby charge $30 .00 per hour after the first half hour Oxygen mask $2.75 each 4 x 4 bandages $ .75 each Triangle bandages $.75 each I appreciate your prompt attention in consideration of this request. Th n : you, Prudence Kling. Newsletter Paz liTg7710k Blue Cross and Blue Shield of Texas.Inc. FQ Box 660031 UaIas,Texas 75266C031 April 30, 1987 Ambulance Medicare Newsletter No. 34 T0: All Medicare Part B Ambulances Approved as Providers of Service SUBJECT: Change in Reimbursement Interest Rate Table Inherent Reasonableness When determining Medicare's allowable amounts, historical data is normally used to set customary and prevailing charges. In some instances, the use of customary and prevailing charge data alone may lead to a result that is not inherently reasonable for reimbursing items and services furnished by suppliers of services. While it is intended that available historical charge data should be used in calculating reasonable charge allowances, the reasonable charge methodology also requires consideration of other factors. This includes special reasonable charge limits which may be established if it is determined that the standard rules for calculating reasonable charges result in grossly deficient or excessive charges. All changes in reimbursement shown in this publication are being made under the "Inherent Reasonableness Concept". If you have any comments concerning these changes, please forward these comments within 30 days of this letter to: Linda Liston, Payment Policy Specialist, Medicare Part B, P.O. Box 660156, Dallas, Texas 75266-0156. We believe that many of the discrepancies that have occurred in the profiles for ambulance suppliers are a result of incorrect coding. In order to ensure that correct profiles are built in the future, please use the correct procedure code for the service you are providing. After a review of Medicare allowances using the inherent reasonableness concept described above, a decision has been reached to update the allowances for the individual transport procedure codes, effective July 1, 1987. The procedure codes involved are: A0010 Ambulance service, basic life support (BLS), base rate, emergency transport, one way A0150 Non-emergency transportation, ambulance, base rate, one way A0222 Ambulance service, return trip, transport A0220 Ambulance service, advanced life support (ALS) base rate, all inclusive services, emergency transport, one way A0223 Ambulance service, advanced life support (ALS), base rate, where nonreusable ALS supplies are billed separately, emergency transport, one way The following are the prevailing rates that will become effective as of J1ily 1, 1987. These amounts will be used to change only the current This update will not alter or replace prevailing rates. ep your historical customary �'ofile. Please compare these prevailing rates to your individual historical custanary profile. Your allowable will be based on the lower of these new prevailing amounts or your historical custanary. Locality Basic Life Support Advanced Life Support A0010 A0150 A0222 A0220 .A0223 (02) North Central and Northeast Texas $110.00 $85.00 $85.00 $175.00 $140.00 (03) Central, South and Southeast Texas $115.00 $90.00 $90.00 $175.00 $140.00 (04) Panhandle and West Texas $125.00 $100.00 $100.00 $175.00 $140.00 (07) Bexar County $125.00 $100.00 $100.00 $175.00 $140.00 (09) Brazoria County $125.00 $100.00 $100.00 $175.00 $140.00 (10) Cameron County $125.00 $100.00 $100.00 $175.00 $140.00 `11) Dallas County) $150.00 $125.00 $125.00 17 $ 5.00 $140.00 GU (12) Denton County $115.00 $90.00 $90.00 $175.00 $140.00 yy (15) Galveston County $125.00 $100.00 $100.00 $175.00 $140.00 (16) Grayson County $125.00 $100.00 $100.00 $175.00 $140.00 (18) Harris County $175.00 $150.00 $150.00 $175.00 $140.00 (20) Jefferson County $150.00 $125.00 $125.00 $175.00 $140.00 (21) 7nhhock County $140.00 $115.00 $115.00 $175.00 $140.00 (28) Tarrant County $147.50 $122.50 $122.501 $175.00 $140.00 l ! ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE 84-12 CREATING A NEW SECTION 12 TO PROVIDE FOR THE ESTABLISHMENT OF FEES TO BE CHARGED FOR SERVICES DIRECTLY CONNECTED TO THE OPERATION OF EMERGENCY MEDICAL SERVICE BY THE CITY OF WYLIE, RENUMBERING SUCCEEDING SECTIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: That Ordinance #84-12 the Fee Ordinance of the City of Wylie is hereby amended by adding in to the ordinance a new Section 12 to read as follows: SECTION 12. EMERGENCY MEDICAL SERVICE CHARGES 1. Emergency, non resident pick-up outside the corporate limits of the City $150. 00 plus mileage charges (see other charges below) . 2. Emergency, resident of City picked-up within the corporate limits of the City $125. 00 3. Non emergency transfer service for non-resident picked-up outside the corporate limits of the City $100. 00 plus mileage (see other charges below). 4. Non-emergency transfer service for resident of the City $75. 00 plus mileage (see other charges below) . OTHER CHARGES: Mileage $2. 00 per mile Oxygen use (base) $15. 00 Oxygen use base plus $0. 10 per minute for each minute over ten (10) minutes. Oxygen mask $2. 75 each Stand by charge $30. 00 per hr. after the first 1/2 hour. Additional persons (over 1) transported $25. 00 per person. 4 x 4 Bandages $0. 75 each. Triangle Bandages $0. 75 each. And that the existing Section 12 and all subsequent sections be renumbered. SEVERABILITY. All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance. All other parts of such ordinances are not repealed. PENALTY. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed two hundred ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. EFFECTIVE DATE. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provided. DULY PASSED by the City Council of the City of Wylie, this the day of 1987. Chuck Trimble, Mayor ATTEST: Debbie Peoples, Acting City Secretary _,2(7 ORDINANCE NO. BEING AN ORDINANCE OF THE CITY OF WYLIE, TEXAS TO ESTABLISH SMOKING AREAS IN THE MUNICIPAL COMPLEX, PROHIBITING SMOKING IN ALL OTHER SECTIONS OF THE MUNICIPAL COMPLEX, PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS: It is the desire of the City Council to provide a healthy atmosphere for both the citizens and the employees of the City of Wylie, and WHEREAS: The Surgeon General of the United States has declared that smoking is hazardous to the health of both the smoker and persons who share the atmosphere with the smoker, therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. ( 1 ) That smoking is prohibited in all areas of the Municipal Complex except in designated smoking areas. (2) The designated smoking areas are: (a) The Courtyard (b) The Lunch Room SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the invalidity as a whole. SECTION 4. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed two hundred dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law in such cases provides. /2/ DULY PASSED by the City Council of the City of Wylie, Texas, this the day of a 1987- Chuck Trimble, Mayor ATTEST: Debbie Peoples, Acting City Secretary to CITY OP WYLIM 106 S.JACKSON ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 June 11, 1987 Jack McCreary McCreary, Veselka, Beck and Allen, P. C. Attorneys at Law Gate Way Center 5929 Balcones Drive P. O. Box 26990 Austin, Texas 78755 Re: Contract for Delinquent Taxes Dear Mr. McCreary: Several weeks ago, I spoke with Laird Markland, of your office, regarding the City' s concern about delinquent tax collection by your office. I also told him that the City had received numerous complaints from taxpayers that had received notices from your firm, who had already paid their taxes. Mr. Markland told me that he would be in Wylie in the next few weeks to set up a few cases that need to be prepared for possible suits. I again spoke with your office shortly thereafter, as we developed the delinquent tax list for the Section 33. 07 notices. In the meantime, the City staff was asked by the Council to secure for staff review, proposals by other law firms that deal with the collection of these taxes. We received those proposals and passed them on to Council for their review. After your firm sent out the delinquent notices of May 29, 1987, again a number of tax payers notified us that they had previously paid these taxes. A copy of the correspondence from your office on a Mr. Larry Braswell of Wylie, and documentation of payment is enclosed. Mr. Braswell received a letter about his delinquent taxes when he had paid last November. Several councilmembers also received complaints of this nature. Subsequently, on June 9, 1987 the Council discussed our contract with your firm in a regular Council meeting. As a consequence, their wishes were not extend this contract past the 23rd of July, 1987. Formal action by the Council was also taken on that evening on not extending the contract with your firm. The Council' s reasons for terminating the contract was based on a number of taxpayer complaints about being sent delinquent taxes and a high dollar amount in delinquent taxes both for 1986 and 1985, that had not been collected. The Council also felt that by placing all legal services with the firm that serves currently as the City' s attorneys in other legal matters, that legal services rendered to the City could be consolidated. This firm, Sallinger, Nichols, Jackson, Kirk and Dillard was additionally felt by the Council to be local and more convenient for staff members to work with on tax collection efforts, and reduce any communication problems. Mr. Markland was in Wylie, when this letter was written and expressed your firm' s desire to address the Council on the contract' s termination. Under Section VII of the contract, you do have the right to explain and/or rectify the issues surrounding the causes of termination. I assured Mr. Markland he could address the Council at a regular meeting of the Council on June 23, 1987 at 7:00 p. m. at 800 Thomas Street (Community Room) . Please call if you have any questions. Respectfully, .1,/ Alt ./k- :ames ,9ohnson Acti ,g City Manager i JJ/cw cc: City Council 9 OQIIIRACT FOR THE aOLLECTTAN OF DELDRUENTIAMES THE STATE OF TEXAS COUNTY OF COLLIN THIS CONTRACT is made and entered into by and between the City of Wylie, a municipal corporation, acting herein by and through its governing body, and McCreary, Veselka, Beck and Allen, P.C. (The Firm), Gate Way Center, 5929 Balcones Drive, P.O. Box 26990, Austin, Texas, 78755. I. The City of Wylie agrees to employ and does hereby employ The Firm to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest owing to the City of Wylie. Current year taxes which become delinquent within the period of this contract shall become subject to the terms of the contract upon the following conditions: A. Taxes that become delinquent during the term of this contract, that are not delinquent for any prior years, become subject to the terms of this contract on June 1 of the year in which they became delinquent. B. Taxes that become delinquent during the term of this contract, on property that is delinquent for prior years, shall become subject to its terms on the first day of delinquency as defined by the State Property Tax Code. II. The City of Wylie agrees to furnish all necessary delinquent tax information to The Firm on all property within the taxing unit. III. The Firm is to advise the Collector or other officials of errors, double assessments or other discrepancies coming under observation during the progress of the work. IV: The Finn is to intervene on behalf of the City of Wylie in all suits for ad valorem taxes hereafter filed by any other taxing unit on property located within its corporate limits. V. The Firm agrees to file suit and reduce to Judgment and Sale the vacant and uninhabited property located within the taxing unit provided the City of Wylie furnishes run sheets showing the necessary data and information as to the name, identity, and location of the necessary parties, and legal description of the property to be sold. The Firm agrees to sue for recovery of the costs as court costs provided by Section 33.48 of the Property Tax Code of Texas. VI. The Firm agrees to make delinquent tax collection progress reports to the City of Wylie on request. VII. This contract shall continue in full force and effect from year to year and each party shall have the right to review or to terminate this contract for cause, giving thirty (30) days written notice of such intention with a statement of the cause or reasons for such termination and allowing a reasonable opportunity to explain or rectify the same; provided, however that The Firm shall have an additional six (6) months to reduce to t all suits filed prior to the ending date of the contract. In considerationJ ,of the terms and compensation herein stated, The Firm her eby accepts said empl• • ai_,-rtakes the performance of this contract as above written. _ r . VIII. The City of Wylie agrees to pay The Firm, for services rendered, Fifteen Per Cent (155) of all delinquent taxes by the taxing unit for years covered ' Penalty and interest collected pursuant to Section 33.07 of the by this contract. The penalty imposed fee. Propel' Tax Code is not subject to this All fees provided for in this contract shall .become the property of The Firm at the time payment of taxes, penalty and interest is made to the Collector. The Collector shall pay fees due The Firm monthly by check. Costs for the preparation of records required for appeal will be the responsibility of the taxing unit. IX. This contract is executed on behalf of the City of Wylie by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes. WITNESS the signs es of all parties heretp in duplicate originals this the a 4,i day of , A.D. 19 Collin County, Texas. THE CITY OF WYLIE, A MJNICIPAL CORRRATTON BY • ° '' 0• `M d/i • McQFARY, VESELKA, BEM AND ALIEN, P.C. Attorneys at Law Gate Way Center 5929 Balcones Drive P.O. Box 26990 Austin, Texas 78755 I1 .u, A11:14or ./2 ac "'' c '-� SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner, Jack, Sallinser& Nichols) WIND*ALUM Attorneys & Counselors at Law PREsDON CENTER OFFICE N_LOWS NICNOL{ 800 1 W V Lincoln lea t!!!I?wd0Y Ave.Subs SOT LAwHRNC[w.JACKSON 500 N. Akard Da Teza.75 �R""` Dallas, Texas 75201 aia essiii$ TIN ROOM I..DILLARD III ROD[NIT D.M[NPHILL (214) 9b4-83$9 ROD[RT I.MASKS PKTU S.SWIM ROT I..ARNSTRONS June 15, 1987 DAVISDAVISN' ROD[RT L DILLARD.JR. JOIDI P.RO[MN III DRUCK A.STOCRARD OP COUNSEL PAN SANDAL[YDARIC Mr. James Johnson Acting City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Re: Deed from K. C. Swayze to City of Wylie Dear James: Enclosed you will find a Special Warranty Deed from K. C. Swayze to the City of Wylie covering Lot 8A, Tract 29, E. C. Davidson Survey, Abstract 267, Collin County, Texas, and containing approximately 1.930 acres of land. I have prepared this Special Warranty Deed based on the information contained in your letter of May 28, 1987. Before this Deed is executed, we should verify that the legal description is correct, and since it involves a significant tract of land, it would be wise to obtain a title search prior to any major use of the city or major expenditure by the city on improvements to the property. I have prepared this in the form of a Special Warranty Deed, since the property is being donated to the city by Mr. Swayze. If you have any questions in this regard, please do not hesitate to contact me. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD By Uey4tkee) • Lawrence . Jackson LWJ/sb Enclosure 27 SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN That I, K. C. SWAYZE of the County of Collin and State of Texas, for and in consideration of the sum of TEN DOLLARS 410.00) and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto the CITY OF WYLIE, TEXAS, a municipal corporation of the County of Collin and State of Texas, all of the following described real property in Collin County, Texas, to-wit: Being Lot 8A, Tract 29, E.C. Davidson Survey, Abstract 267, Collin County, Texas, and containing 1.930 acres more or less TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee, its successors and assigns forever; and I hereby bind myself, my heirs, executors, and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through or under me, but not otherwise. EXECUTED this day of A. D. 1987. K. C. SWAYZE SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared K. C. SWAYZE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1987. NOTARY PUBLIC STATE OF TEXAS MY COMMISSION EXPIRES Engineers - Planners CJ{�fHltL Economists - Scientists June 19, 1987 TX356.73 Mr. James Johnson Acting City Manager City of Wylie P. 0. Box 428 Wylie, TX 75098 Dear Mr. Johnson: Subject: Task Order No. 4 WWTP Design Services/TWC Progress Reports and Interface This letter proposal (designated as Task Order No. 4 which is a supplement to the June 18, 1986 Original Agreement) includes design services for the upgrade and expansion of the existing wastewater treatment plant (WWTP) and services for preparing progress reports for the Texas Water Commis- sion (TWC) as stipulated in their Enforcement Order to the City. It is our understanding that the Council has instructed us to proceed with the WWTP design and TWC progress report ser- vices under the direction of NTMWD. The design scope of services will include the facilities described in Alter- native No. 3 in the "Wylie Water and Wastewater System Im- provements Plan" dated May 1987. These facilities will ex- pand the plant's design flow capacity to 2.0 mgd. Our de- . sign services will include a geotechnical investigation by a qualified firm approved by NTMWD to determine soil and foun- dation characteristics at the site, but will not include any services for surveying. We believe the design work can be done without surveying by referencing dimensions from existing structures. The TWC progress report services in- clude the preparation of a design and construction schedule and quarterly updates for the TWC. We also understand that we are authorized to proceed with the design services and TWC progress reports services up to a maximum limit of $100,000. The $100,000 limit is that amount of the City's impact fees which are allocated for • CH2M HILL Dallas/Fort Worth Office 5339A1pha Road Suite 300, Dallas, Texas 75240 214.980.2170 Metro:263.9476 Mr. James Johnson TX356 . 73 June 19, 1987 Page 2 payment of the design services. Based on the City's and NTMWD' s projected schedule, we would enter into an engi- neering contract with NTMWD to complete the WWTP design sometime prior to expending the allocated $100,000 . Any funds paid for the engineering design services for the WWTP would be credited from the future NTMWD engineering services agreement. As with our previous task orders, the City will be billed at a multiplier of 2 .25 times salary costs plus 1 .10 times direct expenses. The work will be done on a time and materials basis so that the City will only pay for actual hours expended and costs incurred on the project. Please return two signed copies of this letter for our files. The other two copies are for your files and NTMWD's files. We appreciate the opportunity to continue working with the City of Wylie and NTMWD and look forward to .working closely with both entities in the design and construction of the treatment plant improvements. Sincerely, KV.5-t4c- Gordon F. Koblitz, P.E. Dallas Office Manager cls/DFW306/067 AUTHORIZED BY THE CITY OF WYLIE: Mr. Charles Trimble Date Mayor APPROVED BY THE NORTH TEXAS MUNICIPAL WATER DISTRICT: Mr. Carl W. Riehn Date Executive Director 3 ° it T•ry,y..�.t ' 74 1�.�► fI EM-S WE & Cs. J, , . . .. MUNICIPAL ADVISORY SERVICE June 5, 1987 Mr. James Johnson Acting City Manager City of Wylie P. 0. Box 428 Wylie, Texas 75098 Re: Proposed Water and Wastewater Cost of Service and Rate Design Study Dear Mr. Johnson: Reed-Stowe & Co. is pleased to have this opportunity to propose on our potential participation on the above City project. We feel we are uniquely qualified to provide this assistance due to the breadth and depth of the experience of our proposed project team. It is our understanding that the City of Wylie is under a Texas Water Commission Order to bring its water distribution and wastewater collection systems into compliance by the latter part of 1989. In order to comply with this order the City will have to make significant capital improvements to the existing systems. Furthermore, it is our understanding, that the City intends to enter into a Contract Bond Agreement with the North Texas Municipal Water District to finance the required capital improvements. Therefore, the City now finds it necessary to conduct a water/wastewater cost of service and rate design study to ensure adequate revenues to meet-the financial requirements of the required capital improvements. Our project team will be headed by Mr. ,Jack ,' =Stowe, a Partner in our firm. Mr. Stowe has significant experience in the conduct 'Mi engagements of this nature. While a manswer.w.ith Touche Ross I he was responsible for the ':two,and orb-half ►1 r negotiat,f. t,. 4th Dallas Water Utilities for servicat , to cusstt er successful engagements condu conduct led landrsr his *ion include +� The successful negotiations with _TarJ^ant County Control and Improvement District uwbitr I for r 001 awatl `„_` supply on behalf of the City of Arlington. +� Assisted the wastewater treatment Customer Cities (21) of the City of Fort Worth in service contract negotiations. A customer class cost of service study was conducted to provide the foundation of contract negotiations. (214)690-0077 9794 Forest Lane,Suite 229 Deltas,Texas 75243 1817)469-7088 3/ • * Water and Wastewater Cost of Service and Rate Design Studies for the Cities of Denton, Weatherford, Bellaire, North Myrtle Beach, South Carolina and Westminister, Colorado. These studies included operations and organization analyses, the design of developer impact fees, and the design of User and Industrial Cost Recovery fees in compliance with EPA requirements under P.L. 92-500. Mr. Stowe will be assisted by Mr. Keith Reed, a Partner in our firm. Mr. Reed was formerly the Director of Finance for the City of Arlington, a position he held for twenty-two years. During his tenure with the City, he had complete financial and budgetary responsibility for the City including utility operations. During this time, the City of Arlington grew in population from 30,000 to 225, 000. This growth presented many financial challenges to the City. One of the major contributions by Mr. Reed in meeting these challenges was the design and implementation of the enhanced automated billing system which is still utilized today. Mr. Reed was also instrumental in the raw water supply contract negotiations with TCWCID #1. Additional qualified staff will be assigned as required. Our approach to this engagement is straight forward and flexible to accommodate future developments as they may present themselves. It is tried and proven and lends itself to incorporate city staff participation. This participation is desirous in that it allows city staff to fully understand the techniques utilized which provide the foundation for future enhancements long after the completion of the current proposed project. Our approach can be categorized in the following major components: * TEST YEAR SELECTION ** Operations (Consumption and Collection Data) ** Financial (Utility Fund Revenue Requirements including bond coverage requirements and terms of the proposed contract bond agree- ment) * FUND ALLOCATIONS ** General Fund (Interdepartmental Support Services) ** Utility Fund (Water versus Wastewater Requirements) * CUSTOMER CLASS ALLOCATIONS ** Direct ** Peak Demand ** Volume ** Total Suspended Solids ** Rio-chemical Oxygen Demand * RATE DESIGN ** City' s Goals and Objectives ** Outside City Customers ** Industrial Cost Recovery ** Public Services ** Public Fire Protection The above approach outline is of course only a brief summary of the numerous tasks which must be performed to successfully complete the proposed project. Reed-Stowe & Co. bills its clients monthly, based on the progress of the engagement, plus out-of-pocket expenses incurred at cost. We estimate the total fees to complete this engagement will not exceed $8, 000, plus out-of-pocket expenses not to exceed $500. In the event the project does not require our estimated level of effort, we will of course adjust our fees downward accordingly. This fee shall remain firm for sixty days from the date of this letter. Upon completion of the engagement, the City of Wylie shall receive a complete copy of all work papers originated during the course of the engagement, a maximum of twelve copies of our formal report, and disk copies of all micro-programs developed or utilized in the conduct of the engagement. Additionally, our fee includes an informal presentation to the City Council in the work session forum and a formal public presentation during regular Council Session. We sincerely appreciate this opportunity to submit our proposal of assistance to the City of Wylie for an engagement of this importance. If this letter is in agreement with your understanding of the scope of services to be provided, please sign one copy and return it to our Dallas office. If you should have any additional questions regarding this proposal or require any additional information, please do not hesitate to contact Mr. Jack E. Stowe at (214) 690-0077. Sincerely, Xtedae" Si6e.40.e. Coo REED-STOWE & CO. Accepted by: Date: 33 • e CITY OF WYLIE, TEXAS PROPOSAL FOR WATER AND SEWER RATE STUDY SUBMITTED BY: CHARLES BINFORD FINANCIAL MANAGEMENT CONSULTANT JUNE 9, 1987 � 7 CHARLES BINFORD Financial Management Consultant P.O.Boa 123$ (214)$67.242$ Plano.Texas 75074 June 9, 1987 The Honorable Charles Trimble, Mayor, and Members of the Wylie City Council City of Wylie, Texas Dear Mayor Trimble and Council Members : I am pleased to submit for your consideration the following proposal relating to a water and sewer rate study for the City of Wylie. SCOPE OF PROPOSED ENGAGEMENT The proposed engagement involves an examination of the rates currently charged by the City of Wylie for water and sewer service, and a determination as to whether such rates should be adjusted in order to : (a) provide sufficient coverage for current debt service requirements; (b) finance other direct and indirect costs of the City's Utility Enterprise Fund; and (c) provide sufficient revenue to finance additional costs resulting from the proposed issue of approximately $ 4,600,000 in bonds pursuant to a contract with the North Texas Municipal Water District. As part of this examination, I will project revenues and expenses (including debt service payments) of the Enterprise Fund for the current fiscal year and for the ensuing five (5) fiscal years, or through the fiscal year ending September 30, 1992. The study will also include the following: 1. a comparative analysis of water and sewer rates currently charged by the City of Wylie, and those rates charged by other selected municipal goverments in the region. 2. a review of current and projected balances in the City's Impact Fund and Lift Station Fund, as well as a review of other service charges which support the Utility Enter- prise Fund, to determine if adjustments in these other service charges and fees should be considered. City of Wylie, Texas Proposal for Water and Sewer Rate Study June 9, 1987 Page 2 All findings and recommendations will be summarized in a final report, ten (10) copies of which will be submitted to the City Council . If retained within the next seven (7) days, I can complete the study and submit the final report by no later than July 28, 1987. PROPOSED FEE AND CONDITIONS For the water and sewer rate study described above, I propose a consulting fee of $ 3,900. I will bill the City upon acceptance of my final report. If retained for this study, I will require access to certain materials and information including the following (not intended to be all-inclusive) : 1 . City budget for fiscal year 1986-87 and any preliminary 1987-88 budget information relating to the Water and Sewer Enterprise Fund which may be available. 2. Audited financial reports for the last two fiscal years. 3. Water and sewer revenue bond ordinances currently in effect. 4. Existing revenue bond debt service schedules. 5. Current water and sewer rate schedules and rate ordinances. 6. Official statements from most recent revenue and general obligation bond sales. 7. Existing contract with the North Texas Municipal Water District and any other contracts affecting revenues or expenses of the Water and Sewer Enterprise Fund. 8. Water consumption data for 1985-86 and 1986-87 to date, • if possible broken down by month and by type of customer. 9. Number of water and sewer connections by month and by type of customer for the last two years. 10. Water and Sewer Enterprise Fund revenues by source and expenses by object code (purpose) by month for the last two years. City of Wylie, Texas Proposal for Water and Sewer Rate Study June 9, 1987 Page 3 I may also require a temporary work space (desk and chair) at the Wylie municipal building for short periods during the data gathering phase of the study. CREDENTIALS I have submitted under separate cover information concerning my experience and qualifications to perform this study, including several references. A brief recap of my qualifications is as follows: - Over 25 years of municipal government experience, includ- ing 15 years with the City of Fort Worth in various capacities, 4 1/2 years with the City of Plano as finance director, and six years with the City of Richmond, Virginia, as budget director. - Government experience has included responsibility for several water and sewer rate studies in three different city governments. For six years was an administrative analyst in the Fort Worth Water Department, responsible for rate determination and setting. - As a consultant during the last three years, I have worked with several city governments in the Dallas-Fort Worth area. Recently completed a water and sewer rate study for the City of Haltom City. - Master's degree in public administration from Texas Christian University in Fort Worth. B.A. degree in business administration from the University of Texas at Arlington. Unless you prefer otherwise, please consider this proposal to be a letter of agreement. If my proposal is accepted, I would appreciate receiving back a copy of this proposal with the Mayor's signature below. City of Wylie, Texas Proposal for Water and Sewer Rate Study June 9, 1987 Page 4 I look forward to the possibility of working with the City of Wylie on this important project. Sincerely, acvati. Charles Binford Financial Management Consultant ACCEPTED BY: DATE SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner, Jack. &Anger & Nichols) AVRso SALLNN►ER Attorneys &Couassiors at Law P1116810N C*NTEI OFFICE N.tows NICNOLs 1800 Lincoln Plaza sib Daseas Ave.Saito 701 LAWRENCE W.JACKSON 500 N. Alrsed D .Texas 7$20$ "RNN` Dallas, Texas 75201 tn4*14*1s YIN IIORERT L.DILLARD III NOW D.NEN►NIU. i21�) 964-3s33 aeon,a.NAKR PIPER O.SNrtN IpT L NINST"O"S June 12, 1987 DARIO N.SERNAN ROOM I.DILLARD.JR. JONN F.ROENN III 0►COUNSEL SRUCS A.STOCEARD PAN EUDARIC Mr. Gus H. Pappas City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Re: Attorneys' Fees in Connection with Recall Petition Dear Gus: You have asked me for an opinion as to whether or not the City Council has the authority to authorize payment of attorneys' fees expended by councilmembers in connection with a lawsuit involving petitions to recall such councilmembers, the outcome of which was favorable to the councilmembers, precluding any determination of wrong doing on their part for actions taken in their capacity as councilmembers. After reviewing the judgment of the court, it is my opinion that the City Council does have the authority to authorize payment of such attorneys' fees. If you have any question in this regard, please do not hesitate to contact me. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD By '"�f te—`vl Lawrence W. ackson sa LWJ/sb MEMORANDUM TO: MAYOR AND COUNCILMEMBERS FROM: JAMES JOHNSON, ACTING CITY MANAGER RE: S. F. 336, " IMPACT FEE BILL" DATE: JUNE 18, 1987 Attached, you will find a copy of S. B. 336 from the Capitol Information Service. This bill is the impact fee bill we have discussed at several council meetings. This bill has yet to be signed by the governor, however, was passed, I am told, unanimously and there is little doubt that it will become law. (Probably on June 21st ) . The following is an attempt to summarize, from my interpretation, the major points of the bill. You may find other points of your own you wish to discuss. SECTION I Definition of Terms used in Act. SECTION II Authorization of Impact Fee - Cities may impose impact fees only in accordance with this act. Cities must use qualified professionals, not an employee of the City, to prepare a capital improvements plan (CIP) and calculate the impact fee and it goes on to detail what is CIP under the act and a land use assumption plan (See page 1 of definitions) . SECTION III Procedures For Adoption of Impact Fee - A political subdivision (city) is required to hold a public hearing when imposing an impact fee with 3 notices (30-60 days) from date of hearing. It goes on to state how notice is to be done. The City has 30 days after the public hearing to enact the land use assumptions plan. The CIP program shall also have a public hearing. The CIP program will be developed by qualified professionals. Basically, the same notice and publication requirements are the same as the land use assumptions plan. SECTION IV Use of Proceeds - Ordinance levying impact fees shall provide that all funds collected be deposited into an account for capital improvements, facility expansion, and interest earning account, service area and used for the purposes outlined in the CIP (Capital Improvements Plan) . SECTION V Refunds - If after completion of project (CIP/Facility) the City has collected fees in excess of 10% of actual cost of improvements in service area, the City shall refund the difference, if it is more than 10% of the fees paid. If arty amount is collected and not spend in 10 years, it has to be refunded with interest, based on the state statutory rate. If a project hasn' t been started within 2 years of receiving fee, <VO fees have to be refunded. Improvements must be completed within 5 years of date fees are paid. SECTION Vj Plan Update - Land use assumptions and capital improvements plan shall be updated every 3 years from date of adoption of CIP. Public hearings process is required. SECTION VII Advisory Committee - This section provides for a capital improvements advisory committee consisting of 5 members. Not less than 40% of the committee shall be representatives of the real estate, development or building industry and not employees/officials of the city. If the city has a planning and zoning commission, the commission may act as the advisory committee, provided one member is from the real estate, development or building industry and not an employee/official of the city. This may be the City of Wylie' s best choice, since the P&Z now is authorized by the charter to review a CIP (Capital Improvments Plan) adopted by the City. The Council shall set procedural rules for the P&Z to cary out its role as defined in the act, regarding impact fee, i. e. review CIP and file written review comments, monitor CIP implementation, advise Council in adopting land use assumptions, and so forth. SECTION VIII General Provisions - The City has 3 years from the date act becomes law (September 1990) to get impact fee system adopted by the City into compliance with this Act. Records of any public hearings must be kept for 10 years (public hearing regarding this Act) . After 1 year from the date Act becomes law (September 1988) and fee over collects, then the City may be subject to refunding fees times 2. No moratorium can be placed on new development for purpose of awaiting all or part of process to develop, adopt or update impact fees. SECTION IX Appeals - Appeals process for impact fee. SECTION X Storm Water/Drainage - This looks as though it was written to benefit the Houston area. Could have a question on use of fees with the pending contract bond with North Texas Municipal Water District, but after rereading it, (Section 10 (c) (d) , I believe we are okay. I will be sure, however, after checking with the attorney and First Southwest. There is a 90 day window, however, from the projected date of signing, to date the Act becomes law (September 1987). The Council may want to revise the impact ordinance now, so as to avoid all the requirements by law, public hearings etc. , and yet have it rewritten by outside professionals and in conformance with the Act. The problem is, our present impact ordinance does not allow the proceeds to be used in a study needed to rewrite it. The new law authorizes use of the funds to determine its basis. However, this is a tough time for the fee (impact fund) , given the demands placed on it by the Newport Harbor water line reimbursement - $50,000, Newport Harbor overiszing (85-95k) and the $100, 000 needed to be expended for the up front engineering �/ costs, associated with the wastewater treatment plan design. The fund today has less than $225, 000 in it and given the demands on it, by these project, it too may suffer a deficiency soon, if not closely watched. The off-set to that is that this impact fee study is needed badly. See also, the attached copy of the present impact ordinance. cc: Larry Jackson, City Attorney Don White, Acting Director of Public Works Ron Homeyer, Assistant City Engineer 'j 2 n . ... . . ...... CIS IPITVICC . rJ/Q'�7 1Q7 Carol led S/27!l'l Saute ai;l ''6 S._. NO. 336 1 attributable to such new development. As used in this Act, the S. raceme* 2 term oimpact fee" includes amort:xed charges as well as lump-sum 1 AN ACT 3 charges and includes capital recovery fees, contributions .n aid of 2 relating to financing of capital improvements by political 4 construction. and any other fee which .;nctiona as de::::bed in 3 subdivisions. S this definition. 4 8t IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 (8) Impact fees do not includ S SECTION 1. DEFINITIONS. In this Act: (i) dedication e. land he' 6 (1) "Capital improvements plan" means • plan required by 7 public parks or payment in lieu thereof to serve par'4 needs: a (ii) de0ication of rights•of-way or easements, or construction or 7 this Act which identifies capital improvements or facility 9 dedication of on-site water distribution. wastewater col:sr:ion or • expansions pursuant to which impact fees may be assessed. 10 drainage facilities, or streets, sidewalks, or curbs when such 1 (2) 'Capital improvement" means water supply. treatment, and 10 distribution facilities; wastewater collection and treatment 11 dedications and construction are required by valid ordinances and 11 facilities; storm water, drainage, and flood control facilities; 12 are neteesit•ted by and attributable to the new dove:a;aent; or 12 whether or not located within the service area, or roadway13 (113) lot or acreage fees to be placed in truat funds for the 14 purpose of reimbursing developers for overai::ng or c:nstructinq 13 facilities, with a life expectancy of three or more years, owned 15 water or sewer mains or lines; provided, however, no itan •.: • is 14 and operated by or on behalf of a political subdivision. •-- 15 (3) "Facility expansion" means the expansion :: :::e Casa:i=y 16 included in the capital improvements plan shall be required to be 1 :6 of an existing facility which serves the sari :L::::an as an car.:::ass:ed. except pursuant ' e Subdivision (.1) of Sub:eo?j.on (h) 18 of Smczion 2 of this Act, and no owner shall be required to otherwise necessary new capital improvement, in order that the 13 existing facility may serve new development. "Facility i::pa^s:cr.., 19 construct or dedicate facilities and pay impact fees for the same A0 facilities. 19 does not include the repair, maintenance. mc1erni:ation, or 21 (S) "Land use assumptions" includes • description of the . expansion of an existing facility to bettor serve existing .04 - service area and projections of changes in land uses, densities, ..... development. , :3 intE%eittes, and por.ulaticn therein over at .least a 10-year period. . (4)(A) "Impact fee" means a charge or asaessnen: ir..ros•ad by 24 (6) "New development" means the subd:•:is:on of la-_; or the .. a political subdivision against new development. in order to :5 construction, reconstruction, redevelopment, conversion. structural I: generate revenue for funding or recouping the costs of capita! :5 alteration: relvcat:on, or enlargement of any structure: :r any :s impre•:ements or facility expansions n.:,sat_ata3 by and Mae . • • S.B. No. 336 . 1 or extension of the use of land; any of which increases the nurser 1 develo S.s. No. »8 , but in no event more than three ■ilea, which sorviee 2 of service units. pment 2 area shall be served by 3 (7) "Political subdi•ision" means a city or town, whecr 3 the roadway facilities designated in the .*:e 4 operating under general law capital improvement pl,� or under special or home-rule chartgs, • • S • district or authorit es � -. (10) "service wait" means a standardised measure of Y eated under Article III Section S2 or S 6 Article XVI, 6ection S9 of the Texas Constitution consumption,. use, generation, or discharge attributable to an or, for the 6 ' individual'; unit of development calculated in accordance with 7 purposes set forth in section 10 of this Act, certain counties 7 generally accepted engineering or planning standards for a 8 described in Section 10. 8 particular category of capital improvements (8) "Roadway facilities" means arterial or collector streets 9 or facility expansions, 10 or roads which have been designated on an officially adapted 10 /SECTION 2. AUTHORIZATION OE IMPACTFEE. (a) Unless 1/ roadvaottsesviae specifically authorized by state law or this Act, sw Y Plan of the political subdivision, together with all 11 �-' 12 neeessarY Pp:+rtenance• governmental entity or political subdivision shall enact or impose s, but does not include any roadways 13 associated Siprovementa designated on the federal oz' Taxaa ha nwaor 12 an impact tee. Political subdivisions are authorised to enact or �� 14 system. '� f 13 impose impact tees on land within their corporate boundaries or 14 extraterritorial jurisdictions only by complying with this Act. - (9) "Service area" means t:ue area within the corp`=ata 35 except impact fees 15 boundaries, or extraterritorial •hall not be enacted or imposed in the �urisdic ion as d•�:.:,d 1+ Municipal -- by the 13 extraterritorial jurisdiction for roadway fac:l:::,s. A p Annexation Act (Article 470a, Vernon's :exec Civil i' 1a Statuses) of the political subdivision to be aerred by the capital w•�:-ate?a"t7 may contract to provide capital improvements. except 1qp_tal 18 for roadway facilities to improvements or facilities expansions aFecifi,d in =:;, capital 14 ' an area outside of its corporate �= improvements plan, except roadaa '� boundaries and extraterritorial jurisdiction and Y.facilities• The j may e ian s :. service area, =0 impact fee pursuant to the contract, but if an impact fee is - ' for the purposes of this Act, may include all or t..c-part + the e land 21 charged therein., the municipality must comply with this Act. -- within the political subdivision . or its ex:ratar-.-or:al 22 (b) An impact tee ma be -. jurisdittio. except for roadway facilities, r:r Y imposed only to pay the costs of roar"aY 23 canctructing capital improvements or facility eMParsaons, including =� facilities, the ser:•ice area is limited • . tc an area within the 24 and limited to corpora:, boundaries of the the construction cohtrac: political subdivision praca, surveying and gastar. art Shall not • 25 engineering fees, land acquisitions costs .- s5 exceed a distance equal to the average trip l,nct.. from (including land " the new • 26 purchases, court awards and costs, gttasney's fees, and expert • S.B.• • No. 336 1 witness fees), and the fees actuall S.D. No. 336 y paid or contracted to be paid - 1 stricter safety, efficiency, environmental, or regulatory 2 to an independent qualified engineem or financial consultant 2 standards; 3 preparing or updating the capital improvements plan who :s net an 3 4 e (6) upgrading, updating, expanding, or replacing existing employee of the political subdivision. Notwithstanding any other 4 capital improvements to provide better service to existing S Provision of this Act, the Edwards Underground Water District or a S development; 6 river authority, which is authorized elsewhere by state law to 6 (Sy administrative and operating costs of the political 7 charge fees which function as impact fees as defined in._this Act, 7 subdivision, except the Edwards Unde.ground Water District or a S may use impact tees to pay a staff engineer who prepares or updates 8 river authority, which is authorized elsewhere by law to '6a capital improvements plan under this Act. Projected interest 9 charge feels which function as impact tees as defined tinethis Act, 10 charges and other finance costs may be included in determining the 10 may expend impact fees to pay its administrative and o eratin 11 amount of impact fees only if the impact fees are used for the 11' coats: p q 1: payment of principal and interest on bonds, notes, or other 12 (6) principal payments and interest or other finance charges �� 13 obligations issued by or on behalf of the political subdivision to 13 on bonds or other indebtedness, except as allowed by Subsection (b) J 14 finance the capital improvements or facility expansions identified 14 . of this section. 15 in the capital improvements plan and are not used to reimburse ltond 13 (d)(1) The political subdivision steal. use qualified 26 funds expended for facilities that are not identified in the :3 "' pse:esssonals to prepare the capital improvements plan and to 17 capital improvements plan. . :% calculate the impact fee. The capital improvements plan shall 18 (c) Impact fees shall not be adopted or used topayany P for 18 contain specific enumeration of the following items: 19 of the following: 19 (A) a description of the. existingcapital-� F improvements •• (1) construction, acquisition, or enpansior. of public �0 within the service area and the costs to up grade; update, improve, facilities or assets other than capital improvements or facility / 21 expand, or replace,such improvements to meet existing needs and == expansions identified in the capital improvements plan; 22 usage and stricter safety, efficiency, environmental, or regulatory (2) repair. operation, or maintenance of eniv tiny or new 23 standards. which shall be prepared by a qualified professional • =: capital improvements or facility expansions; 2+ engineer licensed to perform such qprofessional englneer_ng services -i (3) upgrading. updating, expanding, or re4 replacing a c_s;:;;p .5 in the State of Texas; 25 capital improvements to serve existing development :n :rder to meet 26 (t) an analysis of the total capacity, the level of current • • 6 • • No. 336 1 usage, and commitments for usage of capacity of the.existi g 1 existing described in Paragraph S.8. too. 334 2 capital improvements, which shall g Ph (C) of this subsection by the total number be prepared by a qualified 2 of 3 Projected service units described in Paragraph pro essional engineer licensed to g aph (t) of this perform such professional 3 subsection. If the engineering services in the State of number of new service units projected over a Texas, 4 reasonable 4 5 (C) a description of all or period of time .is less than the total the portions of the capital S servicenumber of new 4 improvements or facility expansions and units shown by the approved land use assumptions at full their costs necessitated by 6 development of the servicearea; ' the and attributable to new development area; the maximum impactbased tee per service be calculated by dividing the costa of the portion of the approved :and use assumptaons, which ! shall be prepared by a• 8 the capital qualified professional engineerimTrovements necessitated by and attributable to licensed to perform such 9 projected new service 10 professional engineering services in the State of Texas; units described in Paragraph (!) of this 1: 10 subsection by the (0) a definitive table establishing Dejected new service units described in that the level or 11 paragraph. T ha 1: quantity of use, consumption, generation, or discharge of a service analysis required by Paragraph (C) of this ma be 13 unit for each category of capital improvements or facility 13 service subsection ay prepared on a, system-wide bails within the 1: expansions and an equivalencyfor each, major category of capital 1 or conversion table establishing D improvement or •t g _::• 14 facility expansion for ratio of a service unit to various typesof the designated service area, land uses, including 15 te)(•) This 14 but no: limited to residential, commercial. and :r.:ust::al; subdivision applies only to impact tees adopted to and lard platted prior to the effective date (E) the total number of projected service units of this act, For land s nec•s:•to:e.� =: hi has been platted in accordance with.Chapter li by and attributable to new development within the service area 18 {C:;: Pter 231, Acts of the :P based on theLegialaturd, Regular Session, 19:7 (Article 974a, Vernon's approved land use assumptions and calculated i ;� 19 Texas Civil Statutes), or the accordance with generally accepted subdivision or platting P engineering or Pthis at, et AD Ow criteria; Plane:.:q 20 a political subdivision prior to the effective date of this Act, or • 21 lard on which new development '• (F) the projected demand for occurs or is proposed without capital improvements or == == facility a::;.a.^.sines required byplatting, the political subdivision may assess the impact fees new service units Projected over. a = any time duringat =: reasonable Per:cd o; time, no: to exceed 10 the development approval and building years. :4 exceptg prccess and. as provided in Subsection (h) of this sectica, may collet: (:) The impact fee per service unit shall not exceed the ' .tea at •s•ZS the ' `her the time of recordation of the subdivision t amount determined by dividing the costs of the capital improvements + • 26 or connection to the political a i.. , n plat sabd..ision s vas•r or sewer system 7 . • 8 I or at the time the . • S•9..•No. 136 - politieal subdivision issues either the building I = permit or the certificate of occupancy. $es•ion• 1927 (Article 974a, Vernon's Texas Civil g 6.5. No. 336 • 2 (2) s 2 subdivision or Statutes), or the subdivision applies to impact tees adopted platting procedures 4 the l(2) This P prior to 3 subsequentof a political subdivision theey date of this Act and land to adoption of an S platted subsequent to the 4 impact tee which is adopted eater effective date of this Act. effective date of this � • For new development which Act. Theapolitical subdivision rec on she-' 6 e accordance withis platted S assess Chapter 231, Acts ' of the impact tees before or at the time of 7the 40th Legislature, 6 recc Actsn of a Regular cession, 1927 (Article 974a sdivision plat or other Vernon • "Texas Civil plat pursuant to.Chapter 231. , 6 Statutes), s the subdivision or 7 40th Legisliture rn the platting procedures of • Regular Session, • 1927 (Article 97,{i, lernon•s 9 subdivision after Political S Texas Civil Statutes), the effective date of )' or the subdivision or platting ordinance la this Act, the Po:-ti:s1 9 p q ••anrd or subdivision may assess the impact fees before or at procedures of any political is the time of subdivision in the ra t is located records of recordation and, except as 10 the county clerk of the provided in Subaect:sn (h) of this county in which the erect 1= section,ordamay collect the11 . except as and fees at either the time of r Provided in Subsection (h) ct this section, 1: the recordation of 12 the fees at either the time of recordation subdivision collect subdivision plat or connection to the , ' 14 watert orb sewer n plat oro at political subdivision's 13 's the sybr sewer:aZ steplat the time or connection to the political subdivision's water Or system 1! - cat either eh• bu the politica: subd.•:isicn 14 ilding permit or the certifi or at the r time the policertiicalficate subdivision issues either the building 1a3 cat of occupancy. 15 (3) This subdivision applies onlypeit or the eert:ficate of occ upancy. subsequent to the effective date of this Act. 1 (3) For land on which new development For -:;a de�•si:pie-t l sub occurs is proposed 1= which is platted in accordance with Chapter '3 -. 'c•'°r without P 1. Acts of the 4Cta any ng, the political subdivision maymesa the if Legislature, Regular Session, c 19 impact tee at I-�� (Article o?,}a. :':_. time during the development and building 1 Civil Statutes), rncn s -•a'aa •19 and ma• process or the subdivision or p1at::z / Collect the fees at either the time of recordation 2: q pr::edu es of a 20 of thee political subdivision prior to the adoption of ar. impact fee, no •��3::•:lion plat or connection to the i political subdivision's water impact fee shall be collected on anyr :1 or sewer system or at service unit f-r ,r: :;1 valid -e the time the political subdivisicn is•�fes • either the ' balding permit is issued within one year subsequent :a r� j 9 permit or the Certificate of occupancy. -: adoption of the impact tee. a date e_ 23 -11 ('I) Assessment means a determination of the amount of the (4) This subdivision applies to :and �• impact Lee in effect on the date or occurrence w' :c =a pia:te:: provided in this per - accordance with Chapter 231. `n =s subdivision and ;a ;he maximum Acts cf the 40th Levi s -,.r_ amount which charred1 -a= Ric :6 vice: •c can be '• ears unit :: s�. • ie•.•e_ap'er.•.. t:o specific act by the F:litical 9• . • l: S.S. No. 336 1 subdivision is required. 1 development S.B. No. 336 2 (t) After assessment of the impact lees attributable to the pment may construct or finance the capital improvements 2 facility ea curedor or 3 ney development or execution of an agreement for be cis and agrees that the costs incurred or funds � tees Payment of impact '� advanced will be credited no additional impact fees or increases thereof shall bewainat the impact fees otherwise due S assessed against.such tract for any4 from the new development pa or agrees to reimburse the o season, unless the s costs from impact caner for such 6 service units number of mp fees paid from other new developments which will 7 event of the increase in In the 6 Use such capital improvements or facility expansions, which fees the number of service units, 7 tees to be imposedthe impact shall be collected and reimbursed to the owner at the time shall be limited to the amount attributable to a the the additional service other new development records its plats or unite. 9 10 (q) A (3) an owner voluntarily requests the political subdivision political subdivision is au n authorized to enter into 10 to reserve capacity `\ 11 agreement with an to serve future development, and the Political 1: 11 subdivision and owner enter into a valid written agreement. �l been recorded providing for the time and method of payment of the • 13 impact tees. •• 13 (1) Any new development for 'which an impact tee has been 1: (h) Except 13 paid shall be entitled to the permanent use and benefit of the P for roadway facilities, :s impact f.tes may be 14 ...services for which assessed, but shall not be collected in the fee was exacted and shall be entitled to 13 roc currently available unless: car a:s existing it:es wit: actual 2` 16 capacity to serve the new service units, subject to compliance with (1) collection is made to fo r or a capita: improvement or otter valid regblations, =; facility expansion which has been identified in the capital • =� improvements 13 (j) Political subdivisions plan and the political subdi isicn cc„ : ,_,,,w are authorised to eon of funds 2: to, 19 from any other lawful source to pay for all or two years, commence construction, pursuant to dull awarded. and = r'tal improvements or facility expansions to reducertion the executed contractsC cif-` or commitments of staff tineY Pthe amount of covering 21 impact tees.executed rt_al_y all of the work • • required.:* pro�•i.:a sa:„;`st, :� (k) Political • the service available and 'nave subdivisions and othergovernmental work a reasczable ,3 tothis entities pa===d of tine are authorized to pay impact fees i_ osed • cens:dering the type of capital "p pussuast to this ,;at• improvement or facility expansion 24 (1) Any 6onstruetion of, contributions to, �= to be ear.struoted, but in no event longer than �; 4 =�'+ years: 25 off-site roadway facilities agreed to or re or ded:cations of (=► the Yolit:cal subdivision agrees that the owner of a • 6 required by a FZ:itical new subdivision as a condition of develop• ment approval shall be 12 S.8. No. 336 . 1 credited against roadway facilities impact fees otherwise due from 1 5.8. No. 336 political subdivision requesting notice of such hearing within two 2 such development. 2 years preceding WO; date of adoption of the resolution or order 3 d/ pECTION 3. PROCEDURES FOR ADOPTION OF IMPACT FEE. 3 setting .he (a) public hearing. 4 Except as otherwise provided in this Act, an impact fee as 4 (:) The political subdivision shall publish notice of the S authorized by Section 2 of this Act shall be levied by a political 5 hearing once a week for three consecutive weeks, the first notice 6 subdivision only upon complying with thei provisions set forth in 6 , to appear at least 30, but not more than 60 days before the date 7 this section. 7 set for the hearingII . in one or more newspapers with general (b) A political subdivision intending to impose an impact •8 Circulation in each county in which the political subdivision lies. ! fee shall adopt an order, ordinance, or resolution establishing a 9 However, • river authority which is authorised elsewhere by state 10 public hearing date to consider land use assumptions within the 10 law to charge fees which function as impact fees as defined in this 11 designated service area that will be used to develop the capital 11 Act Pub!- ma•! + 1:. ! sh the required newspaper notice only in each county mProvements plan. 12 in which the service area lies. The notice of public hearing 13 (c) Not later than the day of• adoption of such order, ,the • 13 shall not be in the part of the paper An which legal notices and 14 governing body of the political subdivision shall appoint an 14 , alassif:ed ads appear ppear and shall not be smaller than one-Quarter 15 advisory committee in accordancewith Section 7 of his A•:_• 15 page of a standard-site or tabloid-size newspaper, and the headline 16 (d) On or before the date of the first punlica:irn cf the 16 on the notice must be in 18-point or larger type. IT notice, the political subdivision shall make available to the 17 (:) The notice shall contain :he tol:owir-q: 18 public its land use assumptions, the time period of the 18 (A) a headline to read as to:lo:rs: 19 projections, and a description of the general nature of the capital 19 "NOTICE Of PUBLIC HLARINIG ON LAUD USE AS3L::,:IONS 2: improvement facilities which may be proposed. 20 RE.A IV0 TO POSSIBLE ACC-rTIC:: OF IMPACT FEES" (e► The political subdivision shall provide public notice of 21 (B) the time. date, and location of the hearing; •= the hearing. ` (C) `- a statement that the purpose of the hearing is to 23 (1) At least 30 days before the hearin.7, the political :3 consider the land use assumptions that wil. be used to develop a :: subdivision shall send a notice of the hearing by certified mail is Z4 capital i^pr::everts plan. pursuant to which an impact fee nay be :5 any person who has given writer. notice by certified or rem imposed: ,•irt.-ed 15 p :11 mail to the city secretary or other designated o"'--'a: of the 26 (pt an easily ezr.:ers:andab:e map of the service area to • 1. • :+ • S.B. No. 336 1 which the land use assumptions apply: and S.B. No. 336 l notice, the capital improvements plan shall be available to the 2 (E) a statement that any member of the public has the right 2 public. 3 to appear at the hearing and present evidence for or against the 3 4 lafld use assumptions. (1) The political subdivision shall provide public notice of 4 the hearing. S (t) After the public hearing, • the political subdivision 5 (1) At least 30 da • 6 shall di'termine whether to adopt or reject an ordinance, order, or 6 subdivision shill send ay More the hearing, the political 7 resolution approving the land use assumptions. notice of the hearing by certified wail to a 7 any person who has given written notice by certified or registered (9) The political subdivision shall have 30 days from the , mail to 9 date of the the city secretary or other designated official of the '� approve' or disapprove political subdivision r 10 such land use ass equesting notice of such hearing within two assumptions. 10 years ,� 11 (h) An ordinance, order, or resolution approving �� � the of adoption of the resolution or order `m )land use 11 setting the public hearing. . 13 assumptions shall not be adopted as an emergency measure. 12 (2) The political subdivision shall 13 (i) If the governing body publish notice of the adopts an ordinance, order, or 13 hearing once a 14 resolution approvingthe land use assumptions, the ,t week for three conaeeutive weeks, the first notice p�:ens, political 14 :5 :o appear ac least 20,- but not more than 60 days before the date subdivision shall provide for a capital improvement: plan. to he 15 se: ,, far the hearing, in one or more newspapers with general =3 developed by qualified professionals usir. • q generally accepted IS circulation in each county in which the , engineering and planning • political subdivision lies. practices in accordant* wit;; Su:see::on :' However, • river authority which is authorized elsewhere by , =1 (d) of Section 2 of this Act. . 19 state law to charge tees which function as impact tees as defined in this is (j) Upon completion of the capital imFro:•ementa plan, the 19 net ma y Publish the required newspaper notice only in each county -- governing body shall adopt an order or resolution setting a public �0 in which the service area lies. The notice of public hearing shall a the of part 2: hearing to discuss the adoption of the plan and imposition of the 21 no: be in the -. impact fee, p per in which legs) notices and 22 classified ads appear and shall not be smaller than one-quarter -- (k) A public hearing must be held by the go•:ermIn + 23 a • �4 hod page of a standard-size or tabloid-sire newspaper, the pclit:cal subdivision to discuss the proposed inand the headline ordinance, order. 2; on the notice must be in 1$-point o: larger type. ..= or resolution adopting a capital improvementsi„ 3 plan and epos:::g an S (3) The notice shall contain the =: impact fee. On or before the date of the first publication of the 26 following: .. .(A) a hobdliae to read as follows: lg . • • 1 8.8. No. 336 • "NOTICE Or PUBLIC MEARINO OM S.D. No. 336 2 1 for which the tee was adapted. Interest earned on impact tees ADOPTION Or IMPAC; FEES" 3 2 shall bs considered funds of the account on which it is earned and (8) the time, date, and location of the hearing: 4 3 shall be subject to all restrictions placed on use of impact fees �(C) a statement that the purpose of the hearing is to S consider the adoption of an impact tees ' under the Provisions of this Act. Expenditures of impact fee :ands iS shall •be made only for the purposes for which the impact (D) an easily understandable mapP tee was of the service area on 6 imposed as shown b 7 which the proposed tee will be levied; Y the capital improvements plan and as authorized • (t) 7• • by this Act.'. The records of the accounts into which impact tees the amount of the proposed impact fee per service unit: • are deposited shall be ope 9 and n for public inspection and copying 30 (r) a statement that an member of the 9 during ordinary business hours. Y public has the right 10 11 to appear at the hearingand G (b) The governing body shall be responsible for supervising present evidence for or against the , 12 plain and proposed tee. 11 implementation of the capital improvements plan in a timely manner. 13 12 SECTION S. REFUNCi.(m) The advisory committee shall file its written. (a) Upon the request of an owner of comments 13 the property on which an i 14 on the proposed capital improvements plan and impact fees not less aipaat tie has been paid, the political �: 1•i surdivis:on shall refund the impact fees if exist:rq facilities are than five business days prior to the pubiic'hear-ng. 1S available and service is denied or the L 16 (n) The political subdivision shall a- '' politico: aubd-._aion has. approve or disapprove 16 after collecting the tee when service was not available, failed to =• the adoption of the capital improvements plan and imp.Ia•-_::;: of an 17 a:«-en=, a:aotru::ion within two years or service is not available impact fee within 3C days after the public hearing. - - lP 18 within a reasonable period of time cons dating the type of capital (o) An ordinaice, order, or resolution a Fp-« ovine the capita: 19 improvement or facility expansion to be constructed. but in no 2C improvements plan and imposition of an impact fee shall not be • • 2: «0 event later than five years from the date of parent pursuant to adopted as an emergency measure. 21 the proviox:ns of Subdivision (1) of Subsection (h) of Section 2 of SECT/0p 4. USE OF PROCEEDS. (a) The order, ordinance.ce• or :: thts Act. -2 resolution levying an impact fee shall L pro"1 .a .+ _ . - a;, f1-.1a 'J (b) Upon completion of the capital improvements or facility -+ collected through the adoption of as impact fee shall to de-.:a'-,ed =S in interest-bearing accounts clearly , �•, w� - - `; tx;.aho;ors id*ntitied in the capital ia;,ro:err^:■ plan. the identifying „ •.a c,t:a.rorl of 25 political subdivision shall recalculate the impact fee using the =; capital improvements or e.• facility « -y pansions within the 4•1r:•tce area 29 actual Costa of the cap ital improvements or facility expansion. If • 19 • • S.B. No. 336 1 the impact fee calculated based on actual cost is less than the 1 S.S. No. 336 2 impact fee (b) The political subdivision shall review and evalsaci its paid, the political subdivision shall retard the 2 current land use assumptions and shall cause an r 3 difference if the difference exceeds the impact tie paid by more 3 'capital i update of the than 10 percent. improvements plan to be prepared in accordance with Section 4 2 of this Act. 4 S (c) The political subdivision shall refund any impact tee or . S (c) The governs 6 portion thereof which is - not y � �• body of the political subdivision shall, expended as authorised b 'th_s Act 6 within 60 days of receiving the update of the land use assumptions within 10 years from date of payment. 7 and the capital improvements plan, adopt an order setting S (d) Any refund shall bear interest calculated from the date S hearing to discuss a Public 9 of Collection to the date of refund at the statutory race as set and to review the update and shall determine vltecher to amend the plan. 10 forth in Article 1.03, Title 79, Revised Statutes (:article 10 • (d) A public hears 1: SO69-1.03, Vernon's Texas Civil Statutes or hearing must be held by the governing body of ). its successor 11 the political subdivision to discuss the 1= statute. proposed ordinance, order, 12 or resolution amending land use ass 13 (e) All refunds shall be made to the record owner of the 13 improvementsor assumptions, ,fie capital 14plan. the impact lee. On or before tM'date of the property at the tine the refund is paid! provided, however, it the 14 �- f_.s: publication of the notice, the land use assumptions and the == impact tees were paid by another political P cal sup@::isi,;;Z or 15 capital improvements plan, including the amount of -- governmental entity, payment shall be made to such •ny ;reposed Po=_:_cal 16 amended impact tee per service unit, shall be availab:r to the sutdiI sion or governmental en:i:y, 17 Pu -_. 'i (f) The owner of the property on which an impact tee has 18 (e) The political subdivision shall provide public notice of :f been paid or another political subdivision or ;cvernmental entity19 the hearing. which paid the impact tee shall have standing to sun for a refund `0 (l), A: least 30 days before the hearing, the political' under the provisions of this section. 21 subdivision shall send a notice of the hearing by 5=�.:iv^^:! o. FLAN UFD�;Tt certified mail to (a) A political a::r.htvioian 22 any person who has given written notice by certified or registered -= inpcsin g an impact :.e shall update the land use as:u:• l: on 3 and ram• :3 ma:;, co the city secretary or other dssignsted' official of the =+ capita: imprc•iemerta plan at least everyt"rem :tiara, which .^i pc._:ical subdivision reg•.testin9 notice of such hearing within two three-sear peri od_od shall commence from the date of the a.:cpt:en of 25 years preceding the date at adcption of the resolution or order =f the ct;.s:a: improvements plat:. . 26 'setting the public hearing. • lg • S.B. Ho. 336 S.B. Ho. 336 1 (2) The political subdivision .shall publish notice of the 1 (t) The advisory committee shall file its written comments 2 hearing once a week for three consecutive weeks, the first notice 2 on the proposed p P amendments to the land use assumptions. capital 3 to appear at least 30, but not more than 60 days before the date 3 improvements plan, and impact"tee not less than five business days 4 set for the hearing, in one or more newspapers with general 4 prior to the public hearing. S circulation in each county in which the political subdivision lies. 5 (g) The political subdivision shall approve or disapprove 6 However, a river authority which is authorised elsewhere by state 6 the amendment of the lied use assu-p i•� ons and the capital 7 law to charge fees which function as impact fees as defined in this 7 improvements ' plan and modification of an impact fee within 30 days • Act may Publish the required newspaper notice only in each county 8 after the public hearing. in which the service area lies. The notice of public hearing shall 9 (h) An ordinance, order, or resolution approving the 30 amendment to the land use assumptions, 1C not be in the part 'of the paper in which legal notices and the capital improvements �� P 1: classified ads appear and shall not be smaller than one-quarter plan, and imposition of an impact fee shall not be adopted as an 12 page of a standard-size or tabloid-size 'newspaper, and the headline 1: emergency measure. 13 on the notice must be in 18-point or larger type. ~- 13 8EC'zon 7. ADVISORY COMMITTEE. (a) Acapital improvements 1: (3) The notice shall contain the following: 14 advisory committee, composed of not less than five members. shall :5 (A) a headline to read as follows: :S be a canted by aw Fp majority vote of the governing bcfy of the 23 "NOTICE OF PUBLIC HEARING ON1v pa:itical subdivision. Not less than 40 per:ea; of the membership of the advisory :committee shalt be representatives of the real tl1EIJC:1E`:T OF IMPACT FEES" 23 (3) the time, date, and location .ot the hearing; 18 estate. development, or .building industries who are not employees :9 (C) a statement that the purpose of the hearing is to 19 or officials of a Political subdivision or governmental entity. If :2 consider the amendment of land use assumptions and a capital 20 thi political subdivision has a planning and zoning ccmalasion, the 21 commission may act as the advisory committee, provided that the 2: improvements plan and the imposition of an impact fee; •▪- (D) an easily understandable description and map of the22 commission includes at least one representati:•e of the real estate, :2 service area . :� which the update is bean ..+ :3 development, or building industry who is not an employee or 0 Prepared: 6..- ,.. �` (E) a statement that any member of the public has the mi tt 04 o' '"'al of a po:itical subdivision or go vernmental o•:ern ertal entity. if no such e ▪ to appear at the hearing and present evidence f:: Cr aria:-a: the :S representative ' is a member of the planning and zoning : update. :6 c:rmassion, the c rjalssicn may et::: act a3 the advisory committee 21 • • • • • S.B. Mo. 336 S.E. No, 336 1 it at least one such representative is appointed by the political 1 its duties. 2 subdivision as an ad hoc voting member of the planning and zoning SECTION S. GENERAL PROVISIONS. (a) If the 2 3 commission when it acts as the advisory committee. It the impact governing body 3 of the political subdivision does not 4 tee is to perform a duty imposed under be applied within the extraterritorial jurisdiction of 4 this Act within the prescribed time period, a person who has paid S the political subdivision, said membership S an impact fee or an owner of land P shall include aupon which an impact fee has been 6 representative from such area. . , 6 paid shall have the right to present a written re 7 (b) The advisory committee shall serve in an advisory West to the 7 governing body of the political subdivision stating the nature of S capacity and is established toperform the following functions: 8 the unperformed duty and requesting that it be performed within 60 9 (1) to advise and assist the days ,of the request. It the governing body of the political political subdivision inv 9 10 adopting land use assumptions: 10 subdivision finds that the dutyis • 11 required under this Act and is (2) to review the capital improvements plan and file written 11 late in being performed, it shall cause the duty to commence within 1: • J comments; 12 6C days of the request and continue until completion. :3 13 (b) A record must be made of any public hearing provided for (3) ito monitor and evaluate implementation of the capital 1: --improvements. plan: 14 in this Act. Such second shall be maintained and be made available 1! (4) to tale semiannual reports withrespect to the progress 15 fir public inspection by the political subdivision for at :east 10 ici years after the hearing. :f of the capital inpro:•ements p:an•and to report to the poi• -•tal subdivision any perceived inequities ea in implementing thea • 1' • p_an oz (c) i.ry state or local restrictions that apply to the -3 imposing the impact fee; and • ld imposition of an impact fee in a political au:a::•isaon where an :s (5) to advise the political subdivision of the need to 19 1:-tact f. t is proposed will be cumulative wit: the :estric ions in -- update or revise the land use assumptions, capital im • provementsY =0 «'::a Act.Plan. and impact fee. - ''1 (d) An impact fee which is in place on the effective date of • (c) The political subdivision shall make a•:a:lac:a to :he == c::s Act must, within three years of said effective data, be e -- advisorycommittee any pro_fess:anal reports with Tempr+;.:aced by an i_ tompact fee mad• pursuant to offs Act; provided, -+ develc;:ng and implementing the ` 9 capital improvements plan. % ):-,+'•e., any political subdivision havingan'= i impact fee which has (=) The governing boa y c' the political subdivision shall '= nc_ been replaced pursuant to this Act within cre year of the -: adopt procedural rules for the committee to follow in carrying out 28 effective date of this set shall be liable to any party who. alter • • • 23 24 • ... l B.S. No. »s • the ono-year period, pays an impact tee which exceed • = pes■itted • the maximum 1 the public notice $•E •No. 23S than 1 under Subsection (d) of febtion 2 of this Act by = requirements were not complied • more sae aubst+uttial and in wpl_ed with it Cr �llante i` igood faith. �, '" P percent for an amount •�*� equal to two times a �' 4 �Lti+eea the the different• uClZOl1 10. �Obt maximum impact lee allowedWAXER. 04A1040E, AND moo -• •`,, S and the actual impact (a) isp°sed 4, te�ti with a Populw COlCf..�.. . plus reasonable attorne , wpac fee ' ' '•! least 2.2 million_, s. S Y • tees and court costs• S the meet raesnt f atcos.,.ng to • te) This Act shall not be construed to , odRral �, a= which borders a • rNdlateprohibit, affect, or d PeFulatien of at least 2.2 CO4ntj with a any tax, tee, charge, or assessment which is s million, and any district or d authorised by state y . created a,,'sorit% law. specifically under Astieje �ryI v faction 59, of the Texas Constitution S fit) No moratorium shall be S within any Web county • that la authorized to provide storm eater, � Placed 'on new development for the, 9 dsaiaaoe, and flood purpose of awaiting the aegatr01 tie! 11 completion ot• all or a 0 pities, is authorised t: impose : process necessary to develo any part of the 11 et fires to provide e • D. adopt, or rn 1p,tet, • a l �" SECTION 9. APPEALS. d.v A Mror upd to the impact tb�. 11 Pso'aMate neseeaary to sime��tfi•1 mewl develepan flood ceatro N.. 3+ l2 who hAi 1=, Fwent. r �iwistsatiw remedies within exhausted all (b) The thin the i sit,ler# et' s $ Ce author: :. :4 political subdivision ' 3�. (a) At this S1i3:alttlOq ,A'`r grieved by a final decision is entitled ,� who isaeCtiM► ip' oseapt fe'sm• the coguirements ea S. .+ •f to trial Hoeg ld =eatiga f et See:: A suit to de under •, � this :. centeat an impact "'• and SubseetiOR (d) Of feetiow f of this Act, ur.:ass the r k, a days trod P tee must he f:ad a- o 'Sl►:aa1 c the date of _n 0 subdivision prop•ses to increase the Impact adoption of the ordinan:s. c • 'i F :•,. fi _� resolution r�.;, o; (c) Y PolaStal . establishing the impact wbdivision de r:bed an =abse:t::r. lS facilities, a tee. Except fa. +. '7 tlaa aw:xlea is authorizedg (a) et Person who has rccL,ray ' to: pledge or otherwise cint »- 11 paid an impact tei or of 3� eblt }te all or past ofts.•.ually * •' ',sporty on which an i as owner �' 20 dPact tee, has been the i�Rt tees to the Hyatt of specific-performance ot Paid 'shall be entitled to 1! +M+d satarost on betN4s, Oratsipai Pertorwan9WL. or .rther obligations the ser•►icea" by use • + +0 i gations issued or k + . '� • 21 ter which the tee was political subdivision ssazt 'ed by or on eehalt of polital Subdivision and to paid. Nothing in this section shall the a!iaatruetion of a a 'l re y1:1'rs 1 ee1Ms ovntrnet�l;-pbli r�' specific facility to ,` ga�tR/►ns. � w . u provide ride y :3 it must tiled in the such services. my (d) An impact f) l,r �' land area county In which the mayor portion of ,. �] Rdrat+4rt to i . f +sd a political sub::visiew• � .,4 Aft the iit*casQn. (a).et A ' of the political subdivision la ,, this sec.�oa shall riot be led-red if +} �/! litiganta locate_. R aucCeas_u: :~ (1) the political • :� 4 shall 'fa�en has pledged or s.: .,',,1? entitled to rsco:•er :sasonsbls a:_ » erwiW a cad court costs. be .sr:•e'1 • fees `s • e'WaXwwaliy obligated al: or ;' . mpac. foe shalt part of the impact tees to the r rot d ` r �e hold in•:a:_d because 13 'Ow of principal and lieaeseat M► bonds. Hates, or other ' ' 1 r Y• ... • w +' �,"tea r r f"� .44 No. a.1t i 1 arligatiowa issued or '• .'; • r.± by on behalf of li ,, `; s 4 ouch political ubdivisiop :.y 3 sr (2) political subdivision agrees !n ' ' '� .A•s `'� 1 ` !t. r h pledge or eoatraot ' ," { 4 .t•. s K, Nat the poi snob subdivision impact toes during ,+,ji4. t ,, rule �p , 4 • the term of such bonds, ti•a �" ` ;ill.• tK+ee t c40ri, ems• or other contractual obligations. r,. .�•�y ,.. i�.tA`' ;,�,.., ; :• '• '' i ; • #' " TMN*ACTIO la), This Act doe • r . ,, d apply to Impact tees s not , , v • ti , charges, fees, assesamenea • y7 or contributions •_ •*`. �' • paid by or charged to a district created under Article 'XVI. Section • , ,� "! of the Texas Constitution to :•�, another district created � ' � 9 Under ,,, hetials XVI, Section 59, of .•. the Texas Constitution if both ° + districts are required by law to ob taiq approval of their sonde by ;- u the 'j+s*.s Water .Commission. • K "' (b) This Act `e, does not „� " • t, • u apply to topmost tees. charges, tees. ., ' , ' ,L �V ,, w, "i'..i.'„ �� ,ryF Maoss■enta, cr contributions charged which Ate approved . ( t` .T t .r u'�<+ ,`"•' ; 14 Texas Water C by the r ,w ,::; ,1•, .x, + :., • Oamias�pn. t v, r a. Any district created pursuant to Article w W. '' ;' 1• XVI. Section S9, or Article III, Section $2, of the Texas •Y,, r`} •d CeOstswsiOn s. may Petition the Texas Water Commission for approval .' :T et any such pre red tees. The commission shall � Do adoptrules for .. w IS reviewing any such potation and nay charge the petitioner fees ,4r v. =9 which are adequate to cover the cost of i processing ;. ; • q and considering +•r, :0 the petition. The rules shall require notice substantiall • y the • • '",''% ' 2� saris as that required herein for the ado . _ • Itt r �'•� shall r-SoA of impact teen and afford opportunity for all affected 23 parties to participate. . ON 12. The sS I importanceA' �(''ii:ri , -` of this legislation aru! the • �w, � =� crowded condition cardi..on of the •61 calendars in both houses ' t ;� create an lie.► ,� emergency and an �•; l r, imperative public necessity that the • e 1T =i constitutional rule r r. w requiring bills be read to oa three several rt f •+�' ,° g c �, , 27 • • e S.S.- No. 336 President of the Senat♦ Speaker of t::e House I hereby certify that S.S. No. 336 passed the Senate on April 22, 1987, by a viva-vote vote; and that the Senate concurred In Nouse amendments on May 25, 1987, by the following votes • Yeas 29, Nays O. • Secretary of the Senate I hereby certify that S.B. No. 336 passed the House, 1A with the ' amendments, on May 22. 1987, byfollowing vote: Yeas 140, Nays 0, one present not voting. , Comer:. .� C 19� .e ..::.tN Approved: • Date • Co:.e:nor ORDINANCE 84-12 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,PROVIDING FOR THE ESTABLISHMENT OF BUILDING CONSTRUCTION, ERECTION, ENLARGEMENT, AND ALTERATION PERMIT FEES; ELECTRICAL INSTALLATION PERMIT FEES ; PLUMBING INSTALLATION PERMIT FEES; ESTABLISHING DEPOSIT FOR WATER AND SEWER, AND REFUSE SERVICE; ESTABLISHING WATER AND SEWER FEES; ESTABLISHING IMPACT FEES; ESTABLISHING SPECIAL DISTRICT FEES; WATER AND SEWAGE COLLECTION AND TREATMENT RATES; PROVIDING FOR TURNING OFF AND TURNING ON OF WATER FEES; ESTABLISHING A METER REMOVAL AND SETTING FEE; ESTABLISHING A CHARGE FOR TRANSFERRING OF ACCOUNTS; PROVIDING FOR A SERVICE CHARGE FOR RETURNED CHECKS; PROVIDING FOR A 10 PER CENT PENALTY FOR PAST DUE ACCOUNTS; PROVIDING FOR PRO RATA CHARGES FOR WATER AND SEWER; PROVIDING CHARGES FOR REFUSE COLLECTION AND DISPOSAL; PROVIDING FOR PRELIMINARY PLAT FEES, FINAL PLAT FEES AND INSPECTION FEES FOR SUBDIVISIONS; PEDDLER/SOLICITOR FEES;PROVIDING A PENALTY CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Wylie, has determined a need to have a consolidated fee and charges ordinance for the City of Wylie, Texas; and WHEREAS, The City of Wylie does not have such a consolidated fee and charges ordinance; and, WHEREAS, the City of Wylie is a rapidly growing community , said growth including additional residential, commercial and industrial developments; and , WHEREAS, the City 's water and sewer distribution and collection systems must be expanded to support the additional growth and to meet the standards of the Texas Department of Health and the State Board of Insurance; and, WHEREAS, the water and sewer distribution and collection system requires rehabilitation, emergency repairs and the construction of new facilities to insure safe and efficient systems for existing and future residents of the City; now, THEREFORE, Be It Resolved By The City Council of the City of Wylie, Texas, That: The following fees and charges are adopted by the City Council of the City of Wylie, Texas for the City and outside the City limits where applicable. SECTION 1- WATER AND SEWER A. Water and Sewer Service Deposit - Each water customer shall make a deposit to the City of Wylie for water service, sewerage service in accordance with the following schedule: Residential $50.00 Non-residential $100.00 minimum or the equivalent to three (3) months estimated bills ; which may be adjusted when a review by the City indicates that the current deposit is no longer adequate. B. Water Rates 571 a. The following monthly water rates shall apply to customers within the corporated limits of the City of Wylie, Texas. First 2000 gallons $6. 77 (minimum monthly charge) Next 4000 gallons $1 .84 per 1000 gallons Next 4000 gallons $1 .47 per 1000 gallons Over 10, 000 gallons $0.95 per 1000 gallons b. The monthly minimum water rate charge for customers located outside the corporate limits of the City of Wylie, Texas shall be 2.0 times the rate charged customers inside the corporate limits of the City of Wylie. C. Sewage Collection and Treatment Rates a. The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas as based upon their water consumption with a maximum charge of $11 .34. First 2000 gallons of water $5.04 Minimum Monthly Charge) Next 4000 gallons of water $1 .37 per 1000 Next 4000 gallons of water $0.89 per 1000 Over 10,000 gallons of water $0.58 per 1000 b. The $8.00 minimum monthly sewage collection and treatment rate for non-residential shall be in accordance with the schedule above, but without any maximum. Any industrial surcharge shall be in accordance with the details of the Industrial Waste Ordinance. c. The monthly sewage collection and treatment fees charged customers located outside the corporate limits of the City of Wylie,Tesas shall be 2.0 times the rate charged customers inside the corporate • limits of the City of Wylie. • d. Sewer Fee - A sewer fee of $7. 15 shall be charged for each apartment unit, multiple family unit or mobile home space and special areas such as washateria , swimming pools, etc . , the apartment, multiple family development wortemobile home park is on a master meter with the City of Wylie. D. Water On and Off Fees - The fee to be paid to restore water service after termination of service for non-payment shall be $30.00 and shall be paid prior to service restoration and any amount required to replace the deposit during 8:00 a.m. to 5 : 00 p. m. on Monday through Friday Central time. The charge shall be $45. 00 for an after hours and weekends and holidays. E. Returned check charge - Each and every check or bank draft , used as payment to the City for services, which is returned for insufficient funds shall have a charge of $15.00 assessed against the account. F. Utility Account Establishment Charge - Each time a customer changes his place of occupancy and requests water service or a change in billing address or a new account is established , a charge of $5.00 shall be made. G. Past Due Account Penalty - a. All utility bill payments are due by the 10th day from the date of the bill except when the 10th day falls on Saturday , Sunday or legal holiday under which condition they are due by 5:00 p.m. Central Time on the next working day . b. All payments made after the 10th day will bear a ten (10) per cent penalty of the unpaid balance of the account. c. Utility customers with accounts unpaid as of the 15th day on the bill will be notified that the water service will be terminated one week after the notification for non-payment and the unpaid amount and penalties charged against the customers deposit . d. If it is necessary to terminate water service for non-payment of account a charge of $30.00 shall be paid prior to the restoration of the service between the hours of 8:00 a.m. and 5:00 p.m. , Central time. After regular service hours, weekends and holidays the charge shall be $45.00. e. If the water service is terminated by customer request, the charge for restoring the service shall be $10.00 which will be added to the next months bill. H. Construction Meter Charges - a. Building contractors requesting water meter and service during construction shall be charged all account and installation fees plus a flat rate of $15.00 for the first 5,000 gallons and then $1 .47 • per 1000 gallons over 5,000 gallons. b. Any contractors requesting a meter attachment to a fire hydrant for any construction shall pay a meter fee of $150.00 which shall include all charges and deposits. Water use charges shall be $20.00 for the first 10,000 gallons and then $0.95 per 1000 gallons over 10, 000 gallons. I. Special Meter Reading - A special meter reading charge of $10.00 shall be charged on the existing water bill when requested by a customer if the reading is determined to be correct . No reading charge will be made if it is determined the original reading was not correct . J. Water and Sewer Tap Fees - The following represent the charges the City of Wylie shall require to be paid for tapping a water main and sanitary sewer for service and the extension of that service to the property line. All water and sewer service lines on private property are the responsibility of the individual property owner under the current Uniform 60 0 Plumbing Code adopted by the City Council of The City of Wylie. a. Water Taps - The tapping fee for single unit residences and commercial connections with the City water distributing system shall be: METER SIZE METER ONLY COST METER & TAP COST 3/4"X5/8" $100.00 $100.00 plus cost of materials and labor 1" 225.00 225.00 plus cost of materials & labor 1-1/2" 450.00 $450.00 plus cost of materials and labor 2" & over Total cost of meter, materials, & labor 3/4x5/8" $20.00 pre-tapped) perpretapped ( subdivision mains to property line - for inspection per tap unit . b. Water taps - The tapping fee for master meter connections for multi-family dwelling , mobile home parks, office building, etc . , shall be $20.00 per living unit plus the cost of meter, materials and labor. c. Sewer Taps - The tapping fee for single unit residence and commercial connections with the City sanitary sewer collection system shall be: SIZE OF SERVICE LINE COST 4" 21 5.00 plus cost of materials & labor • 6" & over $175.00 plus total cost of materials & labor 4" & over $20.00 for pre-tapped subdivision mains to property line - for inspection per tap unit d. Sewer Taps - The tapping fee for single sanitary sewer for multi-family dwellings, mobile home parks, office buildings, etc. , shall be $20.00 per living unit or separate place of business plus the cost of materials and labor. e. Water and Sewer Connection Inspection Fees - The fee for inspecting developer made water and sewer taps shall be $20.00 per connection made. K. Resetting Meters - The charge for resetting a water meter at the request of the customer shall be the rate shown in Section 1 , J(a) . L. Pro-rata water and sewer charges - The City nay extend water asnd sanitary sewer mains in the streets , alleys and utility easements in the City of Wylie in order to permit connections for those persons desiring water and sewer service . The individual , corporation or partnership requesting the service shall pay the City an amount equal to the cost of all materials, labor , equipment and other costs to provide the requested extension . ;+.t any time additional connections are made to the 6/ water and/or sewer mains. The City shall collect from the individual connecting to the main(s) an amount equal to the proportional amount of footage of the connectors land abutting the sewer and repay the same to the original requestors(s) of service or designated recepients . SECTION 2 - CONSTRUCTION PERMITS AND FEES A. Building Permits and Fees - The following charges are made for various construction type projects in conjunction with residential , commercial and industrial structures prior to the start of construction. a. Each building certificate fee shall be $10.00 for each project. b. The building inspection fee shall be as follows for enclosed structures: BUILDING PERMIT FEES TOTAL VALUATION FEE $1 .00-$500.00 $10.00 $501 .-$2000. $10.00 for the first $500. plus $1 .50 for each additional $100. or fraction thereof to and including $2000.00. $2001 .-$25000. $32.50 for the first $2000. plus $6.00 for each additional $1000. or fraction thereof, to and including $25000.00. $25,001-$50,000. $170.50 for the first $25,000. plus $4.50 for each additional $1000. or fraction thereof to and including $50,000. $50,001-and up $283.00 for the first $50,000 plus $3.00 for each additional $1 ,000. or fraction thereof. B. A determination of value or valuation under any of the provisions of this ordinance shall be made by the building official . The value to be used in computing the building permit fee, for any structures shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing , electrical , plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment . OTHER INSPECTIONS AND FEES: 1 . Inspections outside of normal business hours. . . . $15. 00 (minimum charge - two hours) per hour 2. Reinspection fee assessed under provisions of Section 305 (g) $15.00 each 3. Inspections for which no fee is specfically indicated (minimum charge-one-half hour) $15. 00 per hour 4. Additional plan review required by changes, additions or revisions to approved plans $15.00 per hour (minimum charge - one half hour) d . The inspection fee for repairs, modifications, etc . , shall be $12 .00 up to $100.00 valuation and $12 .00 plus $8.00 per $1000 valuation over $100. 00 or fraction thereof. e. The inspection fee for fence , driveway , etc . , shall be $15.00. B. Plumbing Permits and Fees - The following charges are made for plumbing projects in conjunction with residential , commercial and industrial structures prior to the start of construction. a. Each plumbing certificate fee shall be $10.00 for each project . b. The plumbing inspection fee shall be as follows : SCHEDULE OF FEES For each plumbing fixture or trap or set of fixtures on one trap (including water , drainage piping and backflow protection therefor) $3.00 For each building sewer and each trailer park sewer . $6 .00 Rainwater systems - per drain (inside building) $3.00 For each cesspool $10.00 For each private sewage disposal system $25.00 For each water heater and/or rent $3.00 For each gas piping system of one (1) to four (4) outlets $4.00 • For each gas piping system of five (5) or more, per outlet $1 .00 For each industrial waste pre-treatment interceptor, including its trap and vent , excepting kitchen type grease interceptors functioning as fixture traps $3.00 For installation, alteration or repair of water piping and/or- water treating equipment $3.00 For repair or alteration of drainage or vent piping.$3.00 For each lawn sprinkler system on any one meter, including backflow protection devices therefor $25 .00 For vacuum breakers or backflow protective devices on tanks, vats , etc . or for installation on unprotected plumbing fixtures, including necessary water piping - one( 1 ) to four (4) $4 . 00 Five (5) or more, each $1 . 00 C. Electrical Permits and Fees - The following charges are made for electrical projects in conjunction with residential , commercial and industrial structures prior to the start of construction. a. Each electrical certificate fee shall be $10. 30 for each project . . z b. The electrical inspection fee shall be as follows: (A) Service Entrance Equipment : 100 amperes or less entrance equipment , each Over 100 amperes , each $3.00 1 phase & three phase combine, each $5. 00. 00 Current Transformer type , $6 each $6. 00 Outlets: All outlets, each $0. 20 Fixtures: Fixtures , each $0. 25 Motors : 1 HP or smaller, each Over 1 HP up to 10 HP, each $2 . 00 Over 10 HP up to 25 HP, each $2. 0 Over 25 HP up to 50 HP, each $4. 50 Over 50 HP, each .00 $15 .00 Heaters: Central (Motor & Circuit) Water, each $5. 00 Room, each $2.00 $1 .00 Ranges : Each Range components, each 1$ .00 $1 .00 Signs: All signs $5.00 up to twenty sockets $0. 10 per socket over 20 Fee reduced $1 .00 on signs inspected at a shop in the City or at the enforcement officials office. Fee increased $5.00 if sign is already erected and the erector shall have the sign open and furnish a safe ladder to provide access for inspection. Festoon Lighting: $5.00 for first 20 sockets, $0. 10 for each socket over 20. Transformers (not neon or low voltage) : 10 KVA or less, each Over 10 KVA, each .00 $12 .00 Panels: Any Panel $2.00 Feeders : No. 3 or smaller, each Larger than a No. 3, each $10 $1 .. 550 Circuits: Circuit connection to sign , each To neon transformer , first $2 .00, each added $1 . 0 $1 . 000 Circuit wiring only for equipment to be connected by others . No. 3 or smaller , each Larger than No. 3, each $1 . 00 $1 . 50 Special circuits in dwellings for approved window air conditioners, washers , dryers , etc . , each $1 . 00 Motion Picture Machines, each $5.00 Elevators, each $5.00 Welders: transformer type, each $2.00 Rewiring : same as new installation. Other electrical work: When fees are not set up herein , the enforcement official shall set fees that are consistent with fees named herein above. n C. An electrical improvement inspection fee of $25 . 00 shall be charged for each inspection of any modification of an existing electrical system in a residential structure , commercial building or industrial building inside the City of Wylie, Texas . D. Mechanical Permits and Fees - The following charges are. iade for mechanical projects in conjunction with residential , commercial or industrial projects prior to the start of construction. a. Each mechanical certificate fee shall be $10.00 for each project . b. The mechanical inspection fee shall be as follows: MECHANICAL VALUE INSPECTION FEE Up to $1 ,000 in value $30.00 Over $1 ,000 in value $30.00 plus $20.00 for each $1 ,000 in value or fraction thereof E. Investigation Fees - Work Without a Permit: a. Investigation - Whenever any work for which a permit is required by this ordinance has been commenced without first obtaining said permit , a special investigation shall be made before a permit may be issued for such work. b. Fee - An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued . The investigation fee shall be equal to the amount of the permit fee required by this ordinance. The minimum investigation fee shall be the same as the minimum fee set forth in Table No. 2-A. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. F. A subdivision fee shall be charged each subdivision for inspection in the amount of one ( 1) percent of the City 's estimates of the costs of the public works utilities and streets of new construction which are to be dedicated to the City of Wylie . Such items shall include, but not be limited to , examples such as , street paving , storm drainage , water and sewer mains and other items designated for conveyance to the City after completion of improvements through the process of public dedication. These fees shall be paid prior to the start of construction. SECTION 3 - IMPACT FEES Whenever any such water meter or sewer tap is installed , in addition to the above , and foregoing water meter installation or sewer tap charge, there is also imposed an impact fee for all future water and sewerage connections to the city water and sewerage system, in order to defray the impact burden thereof on said water and sewerage system of producing, treating , distributing , transmitting or collecting such water and sewerage, and for maintaining all facilities pertaining thereto. The impact charge imposed shall be calculated on the basis of equivalent residential units , as outlined below. A. Definitions, For the purpose of this section , the following words shall have the meaning indicated unless their context clearly requires otherwise. a. EQUIVALENT RESIDENTIAL UNIT (E determination of the equivalence ofaU)specific classification of water and/or wastewater connection to that of average single family unit in the service area under consideration. Equivalence is determined by the ratio of annual average daily flow from the connection being evaluated to the annual average daily flow from the single family unit used as the base. For the purpose of this definition, two hundred thirty (230) gallons per day per ERU shall be used for water connections and two hundred twenty (220) gallons per day per ERU shall be used for wastewater connections. B. For the purpose of calculating impact charges, the following guidelines apply: a. Each single-family residence served by the City through a single service and/or master connection shall be considered an ERU. b. The number of ERU's corresponding to a given commercial , industrial , multifamily, mobile home, hospital, nursing home or extended care facility or other establishment , shall be determined on the basis of anticipated annual average daily flow. Anticipated flow shall be determined by evaluation • of but not limited to records of water consumptions and flow records for similar connections in the City which have been recorded and maintained in due course of business for no less than one hundred eighty (180) days. In the event that accurate flow records or consumption data is not available in order to establish an ERU, the person, firm or corporation may stipulate and agree with the city manager concerning the ERU which should be applied in reference thereto, then said stipulation shall be presented to the City Council by the City Manager for the ratification and approval. C. For each ERU to be served by the water system there shall be a water impact fee of two hundred twenty- five dollars ($225. 00) . For each ERU to be served by the sewerage system, there shall be a sewerage impact fee of two hundred seventy-five dollars ($275.00) . 9 f0� D. These impact fees shall be due and payable not later than - or at the time of the issuance of a building permit , water and/or sewer tap requests, or the request for the provisions for water or sewer service and the actual connection to the existing system. These fees may be paid on individual construction projects or by development or phases of development . In the case of extraordinary increased water use or sewer production as determined by a review of the city 's consumption records, such calculations shall be referred to as subsequent impact fees and shall be due and payable thirty (30) days after written notification is received from the City of Wylie that said fees are due and an explanation provided to the affected customer . E. There shall be at least one primary water meter at each site to measure the flow of water , which is delivered to such site that is being serviced by the municipal water system in this city; provided , however, if additional meters are installed at any such site at the request of the person, firm or corporation whose water corresponds with such site and if such additional meters are installed to measure the flow of water at said site for irrigational or swimming pool purposes, only one impact fee , based on the total flow from all meters shall be charged , but such person, firm or corporation shall be required to pay a separate water meter charge for each such meter in accordance with the fee schedule hereinabove set forth. F. Water meter installation rates and charges as provided herein shall be reimposed in the event of the discontinuance of the water account where such water meter is located and where the water meter has been removed from the premises. However, an impact fee shall be imposed once only , at the time of the initial connection onto the water and sewerage system of the city, subject to the following qualifications: a. An additional water impact fee in the amount of two hundred and twenty-five dollars ($225.00) and an additional sewerage impact fee in the amount of two hundred seventy-five dollars ($275.00) shall be imposed against any commercial , industrial , hotel , motel , multi-family dwelling complex, mobile home park, travel trailer or recreational vehicle park , hospital, nursing home, extended care facility , professional office facility, clinic or similar establishment where the same are expanded or otherwise increased in capacity so that the number of ERU's therein are increased beyond the immediately pre-existing ERU capacity thereof , as determined by the ERU definition that is set forth in section 23-6 ( b) ( 1 )a above, and in accordance with the calculation procedure that is stipulated in section 23-6(b) ( 2) b. b. Such additional fees shall be referred to as subsequent impact fees , and shall be paid prior to the issuance of a building permit/sewerage connection permit for any additions to the size and capacity of such building( s) , development , park or complex. c. Subsequent impact fees shall be imposed whether or not a new or replacement water meter is installed in 4a due to such expansion, capacity or addition; provided , however, in the event that the customer shall request the replacement of a water meter which shall increase the size of the meter which measures the flow of water into any such building(s) , development , park or complex, the cost of such additional or replacement water meter shall be in accordance with the cost schedule that is set forth in section 23-6(a) . G. All funds received from the impact fee for all future water and sewerage connections , as aforesaid , and all charges thus imposed , heretofore, shall be deposited into the "Water and Sewer System Inpact Fund" and shall be expended from that fund only for the purpose of providing for major improvements, debt service, expansion , emergency repairs and extending or constructing new additions or replacements to the water and sewer system of this city which are required and needed because of the impact upon said water and sewer system due to such additional connections thereto. H. Any person, firm or corporation that is subject to the assessment of a water and sewer impact fee may request that the City consider the award of credits toward the impact fee for improvements, land or etc . which the person, firm or corporation dedicates to the City without charge, for the purposes of improving the overall water distribution and treatment system and/or the sewerage collection and treatment system. In such cases, the person, firm or corporation shall submit for consideration, such proposal in advance of the approval for the preliminary plat and such dedication for credit of impact fees shall have an agreed upon value which is negotiated by the person, firm or corporation and the City staff in advance. Following preliminary agreement between the parties such proposal will be submitted to the City Council of the City of Wylie for their approval, amendment or rejection. SECTION 4 - SPECIAL DISTRICT FEES In addition to all other fees, The City Council may designate by Ordinance, certain special districts. These districts shall be formed in order to collect pro-rata fees to off-set the cost of capital improvements to the water and sewer system that benefit only a particular section of the city. When such action is deemed appropriate by the City Council , said area shall be defined by clearly understood boundaries. Then the fee per unit shall be determined by using the following formula: NO. UNITS EC OF X PER TOTAL COST OF PROJECT _ DDIST. ACRES ACRE _ NO. OF SHARES FEE Units existing within the special district prior to the establishment by the City Council shall not be charged the determined special district fee unless the parties involved request such service be provided . SECTION 5 - FILING AND APPRAISAL FEES IA. Zoning Fees- Zoning application or rezoning shall be $200.00 plus $25.00 fees per requested on a tract of land . type of zoning B. s - The following fees shall be paid at the time of submission of plats in accordance with the Subdivision Ordinance a_ The preliminary plat fee shall be $125.00 plus $2.00 per lot in the subdivision or $5.00 per acre whichever is greater . b. The final plat fee shall be $150. 00 plus $3.00 per lot in the subdivision or $7.00 ever is greater . per acre which c_ Re-plat fees shall be $125.00 plus $2. 00 per lot in the su&division or $5 . 00 per acre whichever is greater. C. Appeals Jvariances, and adjustment requests which are brought before the various appropriate boards and commissions of the City of Wylie shall pay a fee of $100.00 per consideration. SECTION 6 - ANIMAL CONTROL FEES A. Dog license - Each dog shall be licensed that resides inside the City limits of the City of Wylie each year for the period starting October 1 and ending September 30, which license shall be $3.00 per dog per year. B. All animals impounded by the City of Wylie and reclaimed by owner shall have the owner pay a fee of $10.00 for each day the animal is impounded or fraction thereof. SECTION 7 - GARBAGE, TRASH AND BRUSH FEES A. Deposit Residential $10.00 Non-residential $25.00 minimum or equivalent to three months charges B. Residential Fees - A garbage, trash and brush collection fee of $5. 50 shall be charged each single family residence each month on the utility bill . C. Commercial Fees - A garbage, trash, and brush collection fee shall be charged each commercial establishment in accordance with the following schedule: a. The following collection fees are based upon type of establishment or collection . TYPE CHARGE PER MONTH Duplex $5.50 per living unit Multi-family $5. 50 per living unit Trailer Park $5. 50 per living unit Hand Collection $11 .00 / f 11 %' b. Front Load Container Fees CONTAINER ONE COLLECTION TWO COLLECTIONS SIZE PER WEEK PER WEEK 2 c . y . $39.00 $67.00 3 c . y. $45.00 $77.00 4 c . y. $50.00 $86.00 6 c . y. $58.00 $91 . 00 8 c . y . $63.00 $105.00 SECTION 8 - PEDDLERS/SOLICITOR 'S FEE A. Each itinerant merchant , peddler, vendor or itinerant taking orders for sale or offering of any items or service must comply with the conditions of Ordinance No. 77-5 and will pay the fee or fees indicated below and also submit an acceptable surety bond . B. Fee shall be as follows: a. Agent fee of $20.00 b. Each additional agent fee of $10.00 C. Surety Bond to be a minimum of $1,000.00 SECTION 9 - COPIES The following fees shall be charged for each copy made using the City of Wylie machine and paper for any purpose other than City of Wylie business. No discount allowed for quantity copies. SIZE (INCHES) COST PER COPY 8-1/2X11 (LETTER) $0.25 8-1/2x14 (legal) $0.35 14 x 18 (large) $0.50 SECTION 10 - PENALTY Any unauthorized person, firm, corporation or other entity who is found guilty of pilfering , vandalizing, taking materials from or adding materials to or causing fires to be set in commercial trash bins , or who in any way violates the terms of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction of any such violation, shall be subject to a fine of not less than $1 .00 nor more than $200.00. SECTION 11 - SEVERABILITY All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance. All other parts of such ordinances are not repealed. It is hereby declared to be the intention of the City Council that the sections , paragraphs , sentences , clauses , and phrases of this ordinance are severable and if any clause , sentence or section of this ordinance shall hrbee�declared unconstitutional or invalid by any judgement or decree of a court of competent Jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence paragraph or section of this ordinance. and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . SECTION 12 — EFFECTIVE DATE The fact that the collection and disposal of trash and other solid waste is essential to the public health, safety and welfare creates an emergency and requires that this ordinance take effect immediately on passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS THE DAY OF 1984. Robert B. Squires , ilayor ATTEST: Carolyn Jones, City Secretary • 14 '7 ORDINANCE 84- 14 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS PROVIDING FOR AMENDMENTS TO ORDINANCE 84-12 WHICH ESTABLISHES VARIOUS FEES FOR THE CITY OF WYLIE. SPECIFICALLY AMENDING SECTION 3 PARAGRAPH D ESTABLISHING A NOT LATER THAN DUE AND PAYABLE TIME FOR IMPACT FEES; AMENDING SECTION 1 PARAGRAPH J SUB-PARAGRAPHS b AND d BY CHANGING THE FEE PER LIVING UNIT; PROVIDING A PENALTY CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Whereas , the City Council of the City of Wylie has determined a need to amend the previous fee ordinance and adopt a different date for collection of impact fees and allow an effective date for enforcement of this ordinance which grants builders and developers a brief period with which to accustom themselves to payment of such fees; and Whereas , with the implementation of the impact fee the tap fee and master meter development can be reduced ; now Therefore, be it resolved by the City of Wylie, Texas that : The following amendment fees and charges are adopted by the City Council of the City of Wylie, Texas changing said sections to read as follows: SECTION 3 - PARAGRAPH D These fees shall be due and payable not later than - or at the time of the issuance of a building permit, water and/or sewer tap requests , or the request for the provisions for water or sewer service and the actual connection to the existing system. These fees may be paid on individual construction projects or by development or phases of development. AMENDING SECTION 1 - WATER AND SEWER PARAGRAPH J SUB- PARAGRAPHS b , d . to read "$20.00 per living unit". PENALTY Any person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction of any such violation, shall be subject to a fine of not less than $1 .00 nor more than $200.00. SEVERABILITY All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance. All other parts of such ordinances are not repealed. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any sentence or section of this ordinance shall hrbe , declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction , such unconstitutionality or invalidity shall not affect any other remaining clause , sentence , paragraph or section of this ordinance ; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . 1 EFFECTIVE DATE This ordinance and its amendments and the fees which it amends shall become effective on the first day of May, 1984. PASSED AND APPROVED B E CITY COUNCIL OF THE 'ITY OF WYLIE, TEXAS, THIS THE DAY OF , , .,_/ 1984. 'obi:. Squires , - or ATTEST: ArA07MilgiSecretary 2