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O491 ORDINANCE NO. 491 AN ORDINANCE AMENDING SECTION 2-3 OF THE KENNEDALE CITY CODE (1991), AS AMENDED, BY AMENDING, REPEALING, OR PROVIDING FOR FEES FOR CERTAIN CITY SERVICES; PROVIDING FOR THE ADOPTION OF ADDITIONAL FEES BY ORDINANCE; PROVIDING FOR THE REPEAL OF FEES INCONSISTENT WITH THE FEES ESTABLISHED HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in order to offset costs associated with the administration, investigation and implementation of ordinances and regulations applicable to development and other activities, the City Council has previously established a schedule of fees; and WHEREAS, the City Council now desires to update its schedule of fees by amending or repealing certain fees and adopting new fees; and WHEREAS, the City Council desires to repeal all previously adopted fees, which are inconsistent with fees established by this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Section 2-3 of the Kennedale City Code (1992), as amended, is hereby amended to read as follows: "Sec. 2-3. Fees for Licenses, Inspections, Permits, etc. (a) All persons, firms or corporations applying for licenses, inspections, permits or other city services, activities or uses that, by their nature, require the applicant to pay a fee incident to such application, shall be required to pay the following flees as established in Exhibit "A." (b) The City Council shall periodically review the need for and the amount of fees for city services, uses and activities and shall adopt or revise it from time to time. (c) In addition, the fees established in paragraph (a) above, the City Council may adopt other ordinances from time to time establishing various fees for city services, activities and uses. (d) It shall be a violation of this Section to conduct any activity or commence any use for which the payment of a fee is required unless such fee has been paid." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of Section 2-3 of the Kennedale City Code (9991), as amended, or any other ordinance or code provision affecting fees which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Kennedale is hereby directed to publish the caption, penalty clause, publication clause and effective date of this ordinance in every issue of the official newspaper of the City of Kennedale for two days, or one issue of the newspaper if the official newspaper is a weekly newspaper, as authorized by Section 52.011 of the Local Government Code. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 8th day of September 2011. A PROVED: r �V Ma or, Bryan Lankhorst ATTEST: Amethyst Cir o, City Secretary ct C U O o -o o ° o It '° y ai � � Jo U 'O O ,� O ,�' : v U U w U O on oy.. ct sa 8 C sU. 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O a j aav a o p c� o U to aa� c7ww � wc7 � mZ to u to U o EXHIBIT A: SCHEDULE OF FEES (09 -08 -11 Final) Miscellaneous Minimum For Any Single Permit, Except Temporary Construction $55.00 Pole Reconnects Reinspection Fee $55.00 Electrical Code Appeal $100.00 All Unlisted Permits Per Inspection $55.00 REGISTRATION Contractor Registration Fees In Accordance With Article XIII, Chapter 4 of This Code Initial Registration $100.00 Annual Renewal $50.00 Sub - Division Construction Inspection Fees 4% Of Construction Cost Tree Permit $150 Per Acre With $150 Minimum WATER & WASTEWATER FEES Water Tap Fee (No Street Cut) a" $475.00 Plus $300 Meter Set Fee Plus Cost Of Meter 1" $525.00 Plus $350 Meter Set Fee Plus Cost Of Meter 1 '/2" $950.00 Plus $550 Meter Set Fee Plus Cost Of Meter 2" $1,075.00 Plus $700 Meter Set Fee Plus Cost Of Meter 3" or Larger Actual Cost Plus Actual Cost Meter Set Fee Plus Cost Of Meter Water Tap Fee (With Street Cut or Bore) a" $925.00 Plus $300 Meter Set Fee Plus Cost Of Meter 1" $975.00 Plus $350 Meter Set Fee Plus Cost Of Meter 1 '/2" $1,400.00 Plus $550 Meter Set Fee Plus Cost Of Meter 2" $1,525.00 Plus $700 Meter Set Fee Plus Cost Of Meter 3" or Larger Actual Cost Plus Actual Cost Meter Set Fee Plus Cost Of Meter Sewer Tap Fee (No Street Cut) 4" $425.00 6" $600.00 8" or Larger Actual Cost Sewer Tap Fee (With Street Cut or Bore) 4" $875.00 6" $1,050.00 8" or Larger Actual Cost Meter Calibration Fee City Staff $45.00 Only If Meter Determined Accurate Independent Testing Company $125.00 Only If Meter Determined Accurate Meter Tampering Fee Tampering with Meter $100.00 Per Offense Plus Cost Of Repair/Replacement Tampering with Lock or Cutting Lock $100.00 Per Offense Plus Cost Of Repair/Replacement Page 7 of 7 INVOICE Star - Telegram Customer ID: CIT33 400 W. 7TH STREET Invoice Number: 318249161 FORT WORTH, Tx 76102 (817)390 -7761 Invoice Date: 10/8/2011 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 10/31/2011 Bill To: PO Number: CITY OF KENNEDALE 405 MUNICIPAL DR Order Number: 31824916 KENNEDALE, TX 76060 -2249 Sales Rep: 073 Description: CITY OF KENNED Publication Date: 10/8/2011 Lesiat Io ryes 0s 1 40 40 LINE $6.19 $247.40 CITY OF ICCENNALE itfD1� FdFR � NTY FOR ORDINANCE NO. 493 VI EATIONS E#E EOF` PROVIDING AN ORDINANCE AMENDING SEA A SAVINGS CLAUSE, PROVIDING $12.00 TION 2 -3 OF THE KENNEDALE CITY, FOR PUBLICATION IN THE OFFI- CODE (1991), AS AMENDED, BY CIAL NEWSPAPER; AND PROVID- AMENDING, REPEALING, OR ING Ate EFFECTIVE DATE. The City PROVIDING FOR FEES FOR CER- Secretary of the City of Kennedale TAIN CITY SERVICES; PROVIDING; is hereby directed to publish in the ; FOR THE ADOPTION OF ADDI- TIONAL FEES BY ORDINANCE; official newspaper of the City of Kennedale the !caption, penalty ; Net Amount $259.40 PROVIDING FOR THE REPEAL OF clause, publication clause and ef- FEES INCONSISTENT WITH THE fect ive date clause of this ordinance FEES ESTABLISHED E HEREIN;- k96-1 B 1. B A l LAIC RA as pribuided by ,'Section 3.7.9 the IV w ��t�` ";� L. Hp " "���,, UQ Ov THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publishe¢iq the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 f f 1� & ,. 1 _ I SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, October 11,:20.11 Notary Public Thank You For Your Payment