2003-269S:\Our Documents\Ordinances\03~Development Review Fee Ordinance-Adopted[doe
NO. d;O - ¢
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE PAYMENT
OF ADMINISTRATIVE PUBLIC WORKS DEVELOPMENT REVIEW AND INSPECTION
FEES TO THE CITY FOR ENGINEERING REVIEW AND INSPECTION SERVICES
PROVIDED BY THE CITY FOR PUBLIC IMPROVEMENTS CONSTRUCTED BY
DEVELOPERS RELATED TO PRIVATE DEVELOPMENT; SUPERCEDING ORDINANCES
1N CONFLICT WITH THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in some instances developers construct public improvements which are
related to private development, including without limitation, when such public improvements are
required by Subchapter 16 of Chapter 35 of the Code of Ordinances (the "Development Code")
as condition of subdivision or development approval; and
WHEREAS, the City incurs administrative expenses in providing an engineering review
of the plans and inspecting such public improvements which should be properly born by the
developer; and
WHEREAS, when contractors or utilities perform work within City right-of-way the City
incurs right-of-way inspection expenses which should be properly born by the contractor or
utility; and
WHEREAS, the City Council finds that it is in the public interest to require that the
developer/applicant pay to the City an administrative development review and inspection fees as
provided in this ordinance and that the contractor or utility pay to the City the right-of-way
inspection fees as provided in this ordinance; and
WHEREAS, the City Council finds that such fees bear a reasonable relationship to the
actual administrative costs incurred by the City to conduct such development review and
inspections; 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.
SECTION 2. An 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 public improvements. The cost to construct the public improvements is the
cost set forth in the public improvements agreement between the City and the developer. The
inspection fee covers inspection services by the City for weekday, Monday through Friday from
8:00 a.m. to 5:00 p.m.. Should the developer request inspections during any other time period
including weekends, an additional over time fee (the "Overtime Fee") shall be paid to the City
based on the following hourly rate:
$60 per hour as of the effective date of this ordinance.
A minimum Overtime Fee shall be deposited with the City based on four hours at least 24 hours
before the overtime inspection is to start, except that the weekend overtime deposit must be
received on or before 12:00 p.m. on the Friday immediately before 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 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 are paid in full.
SECTION 3. A development review fee is hereby established in the following amount:
1% of the cost to construct public improvements by developers as
of the effective date of this ordinance.
The cost to construct the public improvements is the cost set forth in the public improvements
agreement between the City and the developer. The development review fee shall be paid by the
developer prior to the City's authorization to proceed with construction of the of the public
improvements by the City. Authorization to proceed with construction of the public
improvements will be withheld until all outstanding development review fees are paid in full.
SECTION 4. A right-of-way inspection fee is hereby established in an amount equal to
$50.00 per hour with a minimum of one hour for each inspection conducted. 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 fit~een days after the
date of the invoice. Failure to pay the fee in full may result in the City's terminating the
contractor's or utility's right to work within the City right-of-way.
SECTION 5. All ordinances, including Ordinance Nos. 1999-299 and 2000-300, in
conflict with this ordinance are hereby superceded by this ordinance to the extent of conflict.
This ordinance and Ordinance Nos. 1999-299 and 2000-300 are controlling over anything
contained in the Construction Design Criteria Manual (the "Criteria Manual") pertaining to
inspection fees, including without limitation Section 1.C. of the Criteria Manual entitled
"Inspection Fees"; it never being the intent of the City Council to exempt private developments
f~om paying the inspection fee where the effective preliminary plat was approved prior to
October 1, 2000. The fees established by this ordinance and Ordinance Nos. 1999-299 and
2000-300 are applicable to all developments regardless of when the effective preliminary plat
was approved. The fees established by this ordinance that are increases or additions to the fees
established by Ordinance Nos. 1999-299 and 2000-300 shall take effect on October 1, 2003 and
remain in effect until October 1, 2004, at which time the fees will revert back to the fees
established by Ordinance Nos. 1999-299 and 2000-300 unless the City Council otherwise
establishes by ordinance.
SECTION 6. This ordinance shall become effective immediately f~om and after its
passage and approval.
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PASSED AND APPROVED this the
day of~2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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