23-1563ORDINANCE NO. 23-1563
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SCHEDULES OF
FEES FOR PUBLIC WORKS INSPECTION CONTAINED IN ORDINANCE NO. 2013-
232, RIGHTS-OF-WAY CONSTRUCTION MANAGEMENT FEES CONTAINED IN
ORDINANCE NO. 19-2953 PROVIDING A REPEALER; PROVIDING FOR ASEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, incurs administration expenses in providing
inspection services for public improvement which are constructed by developers, and should be
properly born as fees by developers; and
WHEREAS, the City Council of the City of Denton finds that state legislative action
requires the current fee structure to be repealed and replaced; and
WHEREAS, the schedule of fees attached as Exhibit “A“ sets for the amount be charged
for each Public Works Inspections fees established in this ordinance; and
WHEREAS, on November 19, 2019, the City Council of the City of Denton passed
Ordinance No. 19-2439 which established the City’s first right-of-way construction management
ordinance; and
WHEREAS, on December 17, 2019, the City Council of the City of Denton passed
Ordinance No. 19-2953 which established the City’s first right-oG'way fee schedule is hereby
repealed and replaced; and
WHEREAS the schedule of fees attached as Exhibit “B“ sets forth the amount to be
charged for each fee created in the right-of-way construction management ordinance; and
WHEREAS the City Council finds that such fees as are recited herein bear a reasonable
relationship to the actual administrative costs and expenses incurred by the City of Denton to
conduct such inspections and that the hourly rates provided herein relate to the direct employee
costs of inspection, and that the following ordinance should be enacted. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. a Public Improvement Inspection Services fee is hereby established in the
amount shown in the “Exhibit A”. This fee shall be set as an hourly rate to be the full cost incurred
by the City for such activities required to provide inspection services for the construction of public
improvements. The inspection fee covers inspection services by the city for weekdays; Monday
through Friday from 8:00am to 5:0C)pm.
SECTION 3. a Public Improvement Supervisor Inspection Services fee is hereby
established in the amount shown in the Exhibit 'W’. This fee shall be set as an hourly rate to be
full cost incurred by the City for such activities required to provide supervisor services for the
construction of public improvements. These services shall include but not limited to:
•
•
•
contractor requested escalations on decisions,
requested escalation on interpretation of
Specifications, and
resolutions to complex constructability
rmprovements; etc.
City of Denton Standards and
issues associated with public
SECTION 4. a Public Improvement Overtime Inspection fee is hereby established in the
amount shown in the Exhibit 'W’. This fee shall be set as an hourly rate to be full cost incurred by
the City for such activities required to provide overtime inspection services for the construction of
public improvements. Fee shall be assessed for all work outside of normal business hours, Mondaythrough Friday, 8:00am to 5:00pm.
All notifications and required documentation for overtime inspection services shall:
•
•
•
•
be submitted in writing.
detail the full scope of work to be performed and total hours to be worked.
be submitted the same week as the overtime requested.
be received minimum of 24 hours prior to the requested time for work on weekdays,
or received no later than noon on the preceding Wednesday of the requestedweekend work.
The Overtime Inspection Services fee shall be paid no later than noon the following
business day for work performed. If there are any delinquent Overtime Inspection Services fees,
no additional work outside of normal working hours will be allowed until they have been paid.
SECTION 5. a Public Improvement Submittal Review fee is hereby established in the
amount shown in the “Exhibit A”. This fee shall be set as an hourly rate to be full cost incurred by
the City for such activities required to provide review and acceptance of project submittals required
by the most recent revision of the City of Denton Specifications and Standard Details.
SECTION 6. All fees set forth in the Exhibit A shall be due on or before the fifth business
day of the month following when they were assessed. Delinquent fees after the fifth of the month
shall give the City of Denton just cause to immediately cease all work on the project site until fees
are paid full. The City of Denton shall not be required to perform any additional inspections for
an applicant who is delinquent on fee payment until such delinquency is remedied.
No acceptance of public improvements shall be issued for any asset governed by the 3-
Way Agreement where any fees shown in the Exhibit A are outstanding.
SECTION 7. A Three-Way Agreement Document Review is hereby established in the
amount shown in the “Exhibit A”. This fee shall be set as an hourly rate to be the full cost incurred
by the City for such activities required to provide review of completeness of submitted 3-Way
Agreement documents and exhibits.
An exhibit shall be submitted with the 3-Way Agreement that details the project and cost
estimate of the public improvement for the purposes of verifying the surety bonds and to reflect
the quantity of public improvement associated with the 3-Way Agreement. Description of the
improvements shall utilize the most current City of Denton standard description codes forconstructron.
SECTION 8. All ordinances or parts of ordinances in force when the provision of this
ordinance becomes effective which are inconsistent or in conflict with the terms or provisions
contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed
to the extent of any such conflict.
SECTION 9. If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 10. The Schedule of Rates herein adopted shall be effective, charged, and
applied to all applicable services, inspections, or situations occurring on and after September 1,
2023; and a copy of said rates, fee, and charges shall be maintained on file in the Office of the City
Secretary of Denton, Texas.
SECTION 11. The previous fees approved by City of Denton Ordinances 2013-232 and
19-2953 are hereby repealed and are of no further force and effect to the extent they conflict
with the fees adopted hereby.
The motion tO aDorove this ordinance was made by get'A B Cel and
secondedby Uri;' ID6H g . Thisordbythe following vote LZ -A :
Aye//
7
J£,/
P/-7-
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED thI, th, I )–tk d,y ,f APS, S+_, 2023.
MAYORATTEST:
JESUS SALAZAR. CITY SECRETARY A\IIt IIII//
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella LunnTX x 7 DN: cn=Marcella Lunn, o, ou=City of
- Y:– \MucH\f1 \J1 Xt\rb e r=: F=ni a r c e I I a p 1 u n n 1(B) c i ty o fd e n to nEOrn
Date: 2023.08.08 21 :1 4:36 -05'00'
EXHIBIT “A”
SCHEDULE OF FEESFORPUBLIC WORKS INSPECTIONS SERVICES
Public Improvement Inspection Services (inspections, meetings, phonecalls. etc
Public Improvement Supervisor Inspection Services (supervisor time forresolving issues, etc
Public Improvement Overtime Inspection Services (4 hr. minimum'
Public Improvement Submittal Review
:reement Document ReviewThree-Wa
Hourjy Rate
$ 106.00
$117.00
$ 142.00
$ 127.00
$ 170.00
EXHIBIT “B”
SCHEDULE OF FEESFORRIGHT-OF-WAY CONSTRUCTION MANAGEMENT
Permit ADDlication Fee
ExDedited Permit >lication Fee
)ction Feeht ofWa'
Overtime Rjght or
Permit Expiration Fee
Barricade DeDosit Fee
$86.00
$120.00
$ 106.00
$ 142.00
$111.00
$500.00
min of 4 hrs) (Hourl-Rate'