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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the City Council of the City of Denton finds that state legislative action requires the current fee structure to be repealed and replaced; and WHEREAS, the schedule of fees attached as Exhibit “A“ sets for the amount be charged for each Public Works Inspections fees established in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the City of Denton passed Ordinance No. 19-2953 which established the City’s first right-oG'way fee schedule is hereby repealed and replaced; and WHEREAS the schedule of fees attached as Exhibit “B“ sets forth the amount to be charged for each fee created in the right-of-way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'