2007-213FILE REFERENCE FORM 2007-213
X Additional File Exists
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Amended by Ordinance No. 2008-215 09/23/08 J R
ORDINANCE NO. 2007- ~~~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
PAYMENT OF INSPECTION SERVICES FEES TO THE CITY OF DENTON FOR
PUBLIC IMPROVEMENTS CONSTRUCTED BY DEVELOPERS, RELATED TO
PRIVATE DEVELOPMENT; PROVIDING FOR THE SUPERSEDING OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas incurs administrative expenses in
providing inspection services for public improvements which are constructed by
developers, and should be properly borne as fees by developers; and
WHEREAS, when contractors or utilities perform work within City of Denton
right-of--way, the City incurs right-of--way inspection and administrative expenses, which
should be properly borne as fees by the contractor or utility requesting services; and
WHEREAS, when commercial establishments require loading zones, or parking
lots, or commercial establishments file variances or appeals to the Traffic Safety
Commission regarding the proper traffic flow and safety, the City of Denton thereby
incurs inspection and administrative expenses, which should be borne as fees to the
commercial establishment seeking the City action; 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 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 a public works inspection fee is hereby established in an
amount equal to 3.5% of the cost to construct public improvements by developers. This
inspection fee must be paid to the City by the developer of such development prior to the
City's authorization to proceed with construction of the pubic improvements. The cost to
construct the public improvements is the cost set forth in the public improvements
agreement by and between the City and the developer. The inspection fee covers
inspection services by the City for weekdays, Monday through Friday from 8:00 a.m. to
5:00 p.m. Should the developer request inspection during any other time period
including weekends, an additional overtime fee (the "Overtime Fee") shall be paid to the
city based upon the following hourly rate:
$90.00 per hour as of and after the effective date of this ordinance.
A minimum Overtime Fee shall be deposited with the City based upon four hours, at least
24 hours before the overtime inspection is scheduled to start; except that the weekend
overtime deposit may be received on or before 12:00 p.m. of the Friday immediately
preceding the weekend overtime period. If there are more than four overtime inspection
hours, developer will be billed for such additional hours, which shall be paid no later than
fifteen (15) days after the date of the billing, and prior to incurring additional overtime
inspections. Authorization to proceed with construction of the public improvements will
be withheld until all outstanding inspection fees owing the City are paid in full.
SECTION 3. Aright-of--way inspection fee is hereby established in an amount equal to
$75.00 per hour, with a minimum of one hour for each inspection conducted. The
inspection fee covers inspection services by the City for weekdays, Monday through
Friday from 8:00 a.m. to 5:00 p.m. Should the developer request inspection during any
other time period including weekends, an additional overtime fee (the "Overtime Fee")
shall be paid to the city at a rate of $90.00 per hour. The right-of--way inspection fee will
be invoiced monthly and must be paid to the City by the contractor or utility undertaking
construction or repairs with the City right-of--way no later than fifteen (15) days after the
date of the invoice. Authorization to proceed with construction of the public
improvements will be withheld until all outstanding inspection fees owing the City are
paid in full. Failure to pay the fee in full may result in the City terminating the
contractor's or utility's right to work within the City right-of--way.
SECTION 4. A parking lot permit inspection fee is to be paid to the City of Denton, and
is hereby established in an amount equal the following:
Parkine lot permit fees
1 - 50 spaces $450.00
51 - 100 spaces $600.00
] Ol - 250 spaces $750.00
251 - 500 spaces $900.00
This parking lot permit inspection fee must be paid to the City by the developer or
contractor of such facility prior to the City's authorization to proceed with construction of
the parking lot facilities.
SECTION 5. A fee for appeals or for variances to the City of Denton Traffic Safety
Commission is to be paid by the Applicant to the City of Denton, and is as follows:
Fees for anneals or variances to Traffic Safety Commission
Fee per appeal or variance
$300.00
SECTION 6: A loading zone permit fee is to be paid by the Applicant to the City of
Denton and is hereby established in the following amounts:
2
1. A single loading zone shall be a fee of $175.00 per year
2. A double loading zone shall be a fee of $350.00 per year
That any renewal of a loading zone permit shall require the payment by
the Applicant to the City of Denton and is hereby established in the following amounts:
1. A single loading zone shall be a fee of $175.00 per year
2. A double loading zone shall be a fee of $350.00 per year
SECTION 7. All ordinances of the City of Denton, Texas, including without limitation,
Ordinance No. 99-299 and Ordinance No. 2000-300, that are in conflict with this
ordinance are hereby superseded by this ordinance, to the extent of any such conflict.
This ordinance and Ordinance No. 99-299 and Ordinance No. 2000-300 are controlling
over anything contained in the Construction Design Criteria Manual (the "Criteria
Manual" of the City) pertaining to inspection fees, including without limitation, Section
l.C. of the Criteria Manual entitled "Inspection Fees;" it never being the intent of the
City Council to exempt private developments from paying the inspection fee(s) where the
effective preliminary plat was approved prior to October 1, 2005. The fees established by
this ordinance and Ordinance No. 99-299 and Ordinance No. 2000-300 are applicable to
all developments within the jurisdiction of the City, regardless of the date on which a
preliminary plat was approved.
SECTION 8. All fees established by this ordinance shall take effect, from and after
October 1, 2007. A copy of these fees shall be maintained in the Office of the City
Secretary, and shall be open for public inspection.
PASSED AND APPROVED [his the v~~~day of ~~ , 2007.
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTE`RS~CITY SECRETARY
By: VJ
APPRO D AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
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