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