2009-007ORDINANCE NO. 2009- DD
AN ORDINANCE PROVIDING FOR IN-HOUSE ENGINEERING REVIEW BY
CITY STAFF DEVELOPMENT REVIEW ENGINEERS FOR THOSE
DEVELOPMENT REVIEW TASKS THAT WERE PERFORMED BY THE
OUTSIDE CONSULTING FIRM FREESE & NICHOLS, INC.; AND THESE TASKS
WERE THEN DELETED FROM THE NEW CONTRACT WITH FREESE &
NICHOLS, INC. DATED NOVEMBER 4, 2008; ESTABLISHING ENGINEERING
REVIEW FEES THAT ARE PAYABLE BY DEVELOPERS TO THE CITY OF
DENTON FOR VARIANCES, ALTERNATIVE DEVELOPMENT PLANS,
GENERAL DEVELOPMENT PLANS, PLANNED DEVELOPMENT DISTRICT
DETAILED SITE PLANS, COMPREHENSIVE PLAN AMENDMENTS; BUILDING
PERMIT SITE PLAN REVIEW; CLEARING/GRADING PERMIT REVIEW;
ENGINEERING PRELIMINARY PLAT AND FINAL PLAT REVIEW FOR ONE
AND TWO LOT RESIDENTIAL SUBDIVISIONS; PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas incurs administrative expenses in
providing the necessary engineering services related to development review tasks for
public improvements which are constructed by developers, and should be properly borne
as fees by developers; and
WHEREAS, prior to November 4, 2008 the City had engaged the firm of Freese
& Nichols, Inc. as its outside consultant to perform the necessary engineering services
related to development review tasks; however the City, after analyzing the costs of an
outside engineering firm and the processing of its development review cases, has staffed
accordingly to bring additional engineering positions in-house, which tasks the City can
now do itself, and which development review tasks should be properly paid as fees to the
City by developer or other entity requesting services; 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 development review engineering activities, and that the
following ordinance should be enacted; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. That the following development review engineering fees shall be
payable to the City by the developer and/or the entity seeking services at the time of their
Application submission to the City for:
Variances $250
Replats without public improvements
$500
Alternate Development Plans
$500
(includes Alternative Landscape Plans)
General Development Plans
$500
Planned Development District:
$500
Detailed Site Plan
Comprehensive Plan Amendment $500
Building Permit Site Plan Review $1,300
Clearing/Grading Permit Review $350
Engineering Preliminary Plat and Final Plat $500
Review for One and Two Lot
Residential Subdivision
SECTION 3: All ordinances or parts of ordinances in force when the provisions
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 4: 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 5: The Schedule of Rates herein adopted shall be effective, charged,
and applied to all development engineering services occurring on and after January 6,
2009; and a copy of said rates, fees, and charges shall be maintained on file in the Office
of the City Secretary of Denton, Texas.
~/-L
PASSED AND APPROVED this the 6 -
day of , 2009.
r
MA A. BU OU H YOR
2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA I V~ RGESS, CITYrATTORNEY
By: