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O486ORDINANCE No, 486 AN ORDINANCE AMENDING SECTION 2-3 of THE KENNEDALE CITY CODE (1 991), 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 sEVERAEILITY 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 Ken nedale is a home rule city acting under its charter adopted by the electorate pursuant to Article X1, 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. No, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF BEN NEDALE, TEXAS, THAT; SECTION 1. Section - I of the ginned le City Code (1992), as amended is hereby amended to read as follows: "Sec. 2-3. Foos 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 he required to pair the following fees as established in Exhibit "A." (h) 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 tinge to tine. (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 arses. (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 2d This ordinance shall be cumulative of all provisions of ordinances of the city of ennedale, Texas, except where the provisions of this ordinance are in direct conflict Frith the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. { It is hereby declared to be the intention of the City council that the phrases, cruses, 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 56 All rights and remedies of the City of }ennedale are expressly saved as to any and all violations of the provisions of Section 2-3 of the Kennedale City code (1991), 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, sane 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 .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 lair, and it is so ordained. PASSED, ADOPTED AND APPROVED by the City Council of the pity of l ennedale, Texas, this the 'I I th day of August 2011. APPROVED: Mayor, Bryan Lankhorst ATTEST: } Amethyst C.Urno, City Secretary EXHIBIT A: SCHEDULE OF FEES (08-11-11 Draft) ADMINISTRATIVE FEES (CURRENT) Ballfields KYA-Annual Lease Agreement Day $20.00 Night $40.00 Business License $15.00 Itinerant Vendor License $100.00 Certificate of Occupancy $55.00 Credit Card Fees Municipal Court 3%When payment of any fee,fine court cost or other charge related to Kennedale Municipal Court is made by credit card,a fee equaling three (3)percent per fine,fine,court cost or other charge paid by credit card will be added to the fee, fine, court cost or other charge paid. Utility Billing $1.00 When payment of any fee or other charge related to Kennedale Utility Billing is made by credit card,a fee equaling one dollar ($1.00)per fee or other charge paid by credit card will be added to the fee or other charge paid. Permitting 3%When payment of any fee or other charge related to Kennedale Permitting is made by credit card,a fee equaling three (3)percent per fee or other charge paid by credit card will be added to the fee or other charge paid. Miscellaneous/Other Activity $1.00 When payment of any fee or other charge related to any other miscellaneous activity is made by credit card,a fee equaling one dollar ($1.00)per fee or other charge paid by credit card will be added to the fee or other charge paid. If,for any reason,a payment by credit card is not honored by the credit card company on which the funds are drawn,the city shall collect the same acount as the fee charged for the collection of a check drawn on an accouant with insufficient funds from the person who owes the fee,fine, court cost or other charge in addition to the original fee,fine,courst cost or other charge. Returned Check $30.00 Request For Annexation $200.00 Zoning Change or Amendment $500.00 0-10 Acres $1,500.00 10 Plus More Acres Variance $250.00 Special Use Permit $250.00 Fingerprinting of Citizens for Record Checks $7.50 Per Card Gathering Station Inspection $1,000.00 Page 1 of 7 EXHIBIT A: SCHEDULE OF FEES (08-11-11 Draft) Printouts/Copies From Plotter $1.00 Per Square Foot Request for Vehicle Accident Reports $6.00 Per Report Community Center Rentals Residents $30.00 Per Hour During Library's Normal Hours, Minimum $100 Required $40.00 Per Hour During Library's Closed Hours, Minimum $100 Required Non-Residents $40.00 Per Hour During Library's Normal Hours, Minimum $100 Required $50.00 Per Hour During Library's Closed Hours, Minimum $100 Required Deposit (Applies To All Users)$150.00 May Be Refunded Upon Successful Inspection Pavillion Rentals Residents $35.00 For 2 Hours, $65 For 4 Hours, $90 For 6 Hours, $115 For 8 Hours Non-Residents $135.00 For 2 Hours, $165 For 4 Hours, $190 For 6 Hours, $215 For 8 Hours Deposit (Applies To All Users)$50.00 May Be Refunded Upon Successful Inspection Library Overdue Book Overdue Book $0.15 Per Day Photocopies from Copier Photocopies From Copier $0.10 Per Page Printouts from Computer Printouts From Computer $0.25 Each (First 5 Copies) $0.10 Each Page Thereafter Materials Lost or Damaged Beyond Repair $5.00 Processing Fee + Listed Retail Price Repair of Inventory Material Repair of Inventory Material Actual Cost Sale of Floppy Diskette Sale of Storage Device (Floppy, Disc, CD, Other)Actual Cost Interlibrary loan Interlibrary Loan No Charge Laminated Library Card replacement Laminated Library Card Replacement $2.00 Repair of CD/DVD $1.00 Transmittal Fax Only (Local)$1.00 First Page, $.25 Each Page Thereafter Transmittal Fax Only (Long Distance)$2.00 First Page, $.50 Each Page Thereafter Mowing and/or Cleaning Property (Contractor)Actual Cost Plus $75.00 Administrative Fee Deposit-Residential Water $60.00 Deposit-Residential Sewer $30.00 Deposit-Commercial Water $75.00 Deposit-Commercial Sewer $50.00 Deposit-Commercial/Industrial w/High Consumption -1/6 of Annual Consumption Deposit-Water for Cleanup (15 Day Temp Service)$30.00 Per Day Use of Bulk Unmetered Water -Rate Times Estimated Gallons Deposit-Use of Bulk Water Meter (Fire Hydrant)$600.00 Plus $50 Service Fee Deposit-Use of Bulk Water Meter (Gas Drilling)$1,000.00 Plus $50 Service Fee Water Administrative Fee (Appear On Cut List)$20.00 Water Transfer Fee $15.00 Disconnect Service At The Main Actual Cost Move City Utilities Actual Cost Private Water Well Permit & Inspection $75.00 Liquid Waste Permit $50.00 Liquid Waste Trip Ticket Book $20.00 Page 2 of 7 EXHIBIT A: SCHEDULE OF FEES (08-11-11 Draft) Wrecker License and/or Permit $20.00 Garage Sale Permit $10.00 Preliminary Plat $300.00 Plus $5.00 Per Lot Final Plat $300.00 Plus $10.00 Per Lot Replat $500.00 0-10 Acres $1,500.00 10 Plus More Acres Minor Plat, Vacated Plat, Amended Plat $300.00 Plus $5.00 Per Lot Plat Filing Fees $5.00 Administrative Fee PERMIT FEES MECHANICAL CODE PERMITS & INSPECTIONS Single Family, Duplex, Townhouse, Etc.$110.00 Per Air Handling Unit Apartments, Condominiums, Triplex & Larger $110.00 Each Dwelling Commercial Cooling/Heating System Less Than 100 tons $110.00 Per Air Handling Unit 101+ More Tons $110.00 Per Air Handling Unit MISCELLANEOUS Replacement of Furnaces, Condensing Unit or Cooling/Heating System $55.00 Vent-A-Hood For Commercial Cooking $55.00 Minimum Fee For Single Permit $55.00 Re-Inspection Fee $55.00 Mechanical Code Appeal $100.00 All Unlisted Permits Per Inspection $55.00 FIRE CODE PERMITS, INSPECTIONS & FEES Fire Report $15.00 EMS Report $15.00 Fire Inspection (Annual, Bi-Annual of CO)No Charge Re-Inspection No Charge 2 nd Re-Inspection $55.00 3 rd or more Re-Inspection -Fee Doubles For Each Subsequent Inspection Site Plan Review $55.00 Building/Fire Plan Review $55.00 Fire Code Appeal $100.00 Fire Suppression Systems $55.00 Engine Standby Fee $150.00 Hourly Brush Truck Standby Fee $75.00 Hourly HazMat Squad Standby Fee $300.00 Hourly Fire Marshall Standby Fee $40.00 Hourly Paramedic Standby Fee $30.00 Hourly Page 3 of 7 EXHIBIT A: SCHEDULE OF FEES (08-11-11 Draft) False Alarm (3 rd or M'ore) $55.00 Fee Doubles For Each SubsequentAlarm Ambulance Fees Actual Cost The actual cost of ambulance service shall be established according ot the reasonable and customary reimbursement allowances used by applicable insurance carriers,as reviewed and approved by the City Manager on a quarterly basis. OIL & GAS WELL PERMITS & FEES Fee Assessed Per Application Per Pad Site 1st Well Requested On An Application for Pad Site $5,000.00 Additional Wells Requested After Submission of Original Application For Particular Pad Site Shall Be Counted As New Application 2nd Well Requested On Same Application for Same Pad Site $4,000.00 Additional Wells Requested After Submission of Original Application For Particular Pad Site Shall Be Counted As New Application 3rd Well Requested On Same Application for Same Pad Site $3,000.00 Additional Wells Requested After Submission of Original Application For Particular Pad Site Shall Be Counted As New Application Each Additional Well On Same Application for Same Pad Site $2,000.00 Additional Wells Requested After Submission of Original Application For Particular Pad Site Shall Be Counted As New Application Annual Inspection Per Well $2,000.00 $300 Per Additional Well On Same Pad Site $7,500.00 May Be Reduced $5,000 for Pad Sites W/Demonstrated History of Air Sampling &Reporting to City Standards and No Known Air Quality or Air Sampling Concerns BUILDING CODE PERMITS, INSPECTIONS AND PLAN REVIEWS Construction Table Based On Total Valuation: $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 For the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 For the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to 50,000.00 $391.25 For the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 For the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 For the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 For the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 & Up $5,608.75 For the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof Annual Air Sampling & Reporting Fee Per Pad Site Page 4 of 7 EXHIBIT A: SCHEDULE OF FEES (08-11-11 Draft) MISCELLANEOUS Alterations and Repairs To Existing Structures -Per Construction Table Above Detached Garages -Per Construction Table Above Carports -Per Construction Table Above Patio Covers -Per Construction Table Above Portable Building (Max.150 sq. ft.)-Per Construction Table Above Accessory Building (Max. 150 sq. ft.)-Per Construction Table Above Swimming Pool (Above ground)-Per Construction Table Above Swimming Pool (In-ground)-Per Construction Table Above Fireplace -Per Construction Table Above Demolition $55.00 Underground Storage Tanks (Includes Gas Lines To Tank) -Per Construction Table Above Tent (Commercial) >200 sq.ft.$55.00 Carnival or Temporary Amusement $55.00 Canopy> 400 sq.ft.$55.00 Signs -Per Construction Table Above Fence -Per Construction Table Above Drive Approach $55.00 Reinspection Fee $55.00 Moving Buildings into the City $100.00 Building Code Appeal $100.00 PLUMBING CODE PERMITS & INSPECTIONS Single Family, Duplex, Townhouse, Etc.$0.06 Per Square Foot Apartments, Condominiums, Triplex, Etc.$0.05 Per Square Foot Commercial/Industrial New Construction $0.06 Per Square Foot Unit Fee Schedule Each Plumbing Fixture, Trap or Set Fixture, Etc.$55.00 Each Building Water Line $55.00 Each Building Sewer Line $55.00 Installation/Repair of Water Piping and/or Water Treatment Equipment $55.00 Repair or Alteration of Drainage or Vent Piping $55.00 Each Lawn Sprinkler System On Any One Meter, Including Backflow Protection $55.00 Private Sewage Disposal System $55.00 Industrial Waste Pre-Treatment Interceptor $55.00 Gas Fired Applicable W/Special Vent Pipe $55.00 Each Gas Piping System (1-4 Outlets)$55.00 Each Gas Piping System (5 Plus More Outlets)$55.00 Repair of Existing Piping $55.00 Fireplace Piping & Valve $55.00 Page 5 of 7 EXHIBIT A: SCHEDULE OF FEES (08-11-11 Draft) Gas Line Pressure Check $55.00 Yard Line Pressure Check $55.00 MISCELLANEOUS Reinspection Fee $55.00 Minimum Calculation Single Residence $55.00 Non-Residence Unit $55.00 Plumbing Code Appeal $100.00 All Unlisted Permits Per Inspection $55.00 ELECTRICAL CODE PERMITS & INSPECTIONS Single Family, Duplex, Townhouse, Etc.$0.06 Per Square Foot Apartments, Condominiums, Triplex, Etc.$0.05 Per Square Foot Commercial/Industrial New Construction $0.06 Per Square Foot In-Ground, Residential Swimming Pool $110.00 Electric Generators Used By Carnival, Circuses, Travling Shows, Exhibits $55.00 MISCELLANEOUS Fixed Residential Appliances Or Receptacle Outlets, Etc. (As In City Code)$55.00 Receptacles, Switch, Lighting or Other Outlet Holding Devices $55.00 Services of 600 Volts or Less: Not Over 200 Amps $55.00 Over 600 Volts or Over 1,000 Amps $55.00 (As in City Code) each Power Apparatus $2.00 Rating in Horsepower, Etc. Up To & Including 1, Each $55.00 Over 1, Up To 10, Each $55.00 Over 10, Up To 50, Each $55.00 Over 50, Up To 100, Each $55.00 Over 100, Each $55.00 Siugns, Outline Lighting or Marquees From One Branch Circuit, Each $55.00 Additional Branch Outlets $55.00 Temporary Power To Any Structure (Max 90 Days)$55.00 Miscellaneous Minimum For Any Single Permit, Except Temporary Construction Pole Reconnects $55.00 Reinspection Fee $55.00 Electrical Code Appeal $100.00 All Unlisted Permits Per Inspection $55.00 REGISTRATION Page 6 of 7 EXHIBIT A: SCHEDULE OF FEES (08-11-11 Draft) 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) ¾”$475.00 Plus $300 Meter Set Fee Plus Cost Of Meter 1”$525.00 Plus $350 Meter Set Fee Plus Cost Of Meter 1 ½”$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) ¾”$925.00 Plus $300 Meter Set Fee Plus Cost Of Meter 1”$975.00 Plus $350 Meter Set Fee Plus Cost Of Meter 1 ½”$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