Loading...
HomeMy WebLinkAboutOrdinance No. 05-1616 CITY OF THE COLONY, TEXAS ORDINANCE NO. (f)~...1 f6/ (p AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2 BY ADDING ARTICLE IV, ADOPTION OF FEES AND CHARGES, TO PROVIDE GENERAL INFORMATION RELATED TO THE ADOPTION OF SUCH FEES AND CHARGES; AND BY AMENDING OR REPEALING VARIOUS SECTIONS, AS PROVIDED HEREIN, OF THE CODE TO PROVIDE FOR THE ADOPTION OF FEES BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, various sections of the Code of Ordinances provides the dollar amount of the fees to be charged by the City relative to the nature of each section; and WHEREAS, the City desires to adopt a master fee resolution which will provide for each of these fees in one location; and WHEREAS, the City Council has determined that it would be in the best interest of the City to amend such sections listing the fees therein or repeal those sections providing for fees to be adopted by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS; SECTION 1. The Code of Ordinances of the City of The Colony be, and the same is, hereby amended by amending Chapter 2 by adding Article VI, Adoption of Fees and Charges, to provide general information related to the adoption of such fees and charges, which shall read as follows: "Chapter 2 ADMINISTRATION ARTICLE IV. ADOPTION OF FEES AND CHARGES Sec. 2-401. General. (a) To the extent allowed by law, the general and special fees and charges to be assessed and collected by the City of The Colony as authorized by this Code or any other code or ordinance of the city shall be as established by appropriate city council resolution. Page 1 77416 (b) The purpose of this chapter is to provide reference to such fees and charges which shall be assembled and maintained in a master fee resolution, and may be amended from time to time. (c) In the event there is a conflict between the established fee by a code or ordinance and the provisions of such master fee resolution, the code or ordinance shall prevail." SECTION 2. The Code of Ordinances of the City of The Colony be, and the same is, hereby amended by amending various chapters and sections, as provided herein below, to provide for the adoption of fees by resolution of the City Council, which shall read as follows: "Chapter 4 AMUSEMENTS ARTICLE III. TEMPORARY CIRCUSES AND CARNIVALS Sec. 4-43. Same - Fee. The application shall be accompanied by a reasonable permit fee as established by resolution of the City Council. ARTICLE IV. SEXUALLY ORIENTED BUSINESSES Sec. 4-66. Fees. The annual nonrefundable fee for a sexually oriented business license as established by resolution of the City Council shall be submitted with the application for a license. In the event a license is not issued after an application is submitted, or if a license is revoked after it is issued, no part of the fee shall be refunded. ARTICLE V. SPECIAL EVENTS Sec. 4-92. Permit required. All applications to conduct a special event shall be submitted to the building official on a form provided by the building official. Such application shall be accompanied by a nonrefundable fee as established by resolution of the City Council. The building official, . . . . . Page 2 77416 Chapter 5 ANIMAL CONTROL Sec. 5-27. Revocation of permit. (3) .. .. . Sec. 5-28. Fees. All fees assessed shall be established by resolution of the city council. Chapter 6 BUILDING, CONSTRUCTION AND RELATED ACTIVITIES ARTICLE I. IN GENERAL Sec. 6-7. Schedule of fees. All fees assessed shall be established by resolution of the city council. Sec. 6-10. Permits and inspections. (k) Temporary permits. Where, for good and sufficient cause, it is necessary to have electricity supplied to any installation before the final certificate can be issued, the administrative authority may issue a temporary permit; provided, that all parts to which current is supplied are in a safe condition, and that before the temporary permit is issued, the contracting receiving the same shall pay to the administrative authority therefore a fee as established by resolution of the city council. Such permit shall expire. . . ARTICLE II. SIGNS Sec. 6-23. General provisions for all zoning districts. (0) ..... (2) Permit: a. Required; application; fee. No sign shall be displayed . . . .. A permit fee shall be assessed as established by resolution of the City Council. Page 3 77416 Sec. 6-24. Permit procedures and fees. The following permit procedures and fees shall be applicable: (3) Fee; required. Every applicant, before being granted a permit to erect, alter, replace or relocate a sign, shall pay to the city the applicable fee as established by resolution of the city council. (4) Electrical permit. ARTICLE III. FENCES Sec. 6-73. Same - Fee. A permit fee be as established by resolution of the city council shall be assessed for such permit. ARTICLE IV. MINIMUM HOUSING CODE Sec. 6-85. Permits and inspections. (a) (b) Fee: Whenever a building permit is required, the appropriate fees, as established by resolution of the City Council, shall be paid to the building official. (c) ARTICLE V. RENTAL REGISTRATION Sec. 6-112. Rental registration. (d) A fee established by resolution ofthe city council shall be charged for the registration of a rental unit. Page 4 77416 ARTICLE VI. CONSTRUCTION OF PUBLIC WORKS Sec. 6-132.1 Public works inspection fees. (a) (b) An additional fee as established by resolution of the city council shall be assessed for any inspection scheduled after regular city business hours (Monday through Friday from 8:00 a.m. to 5:00 p.m.), or on holidays. After-hour and holiday inspection. . . ARTICLE VII. REGISTRATION OF CONTRACTORS Sec. 6-134. Administrative fee. An administrative fee established by resolution of the city council shall accompany each application for registration. ARTICLE VIII. INSPECTION OF VACANT COMMERCIAL BUILDINGS Sec.6-141. Inspection fee. There shall be an annual fee established by resolution of the city council assessed for the inspection of a vacant commercial building. Chapter 9 FIRE PROTECTION AND PREVENTION ARTICLE IIA. AMBULANCE SUBSCRIPTION SERVICE Sec. 9-33. Fee. The annual fee for the ambulance subscription service shall be as established by resolution of the city council and can either be paid by the subscriber in one lump sum or monthly by a charge on the subscriber's utility bill. Page 5 77416 ARTICLE IV. FEES Sec. 9-51. Fees. This division shall determine that EMS will charge a basic fee for ambulance transportation as established by resolution of the city council. Chapter 9.5 FLOOD DAMAGE PREVENTION Sec. 9.5-32. Permit procedures. (c) A fee as established by resolution of the city council shall be assessed. Chapter 12 MUNICIPAL UTILITIES AND SERVICES ARTICLE III. INDUSTRIAL WASTE Sec. 12-37. Permit application. (a) Users required to obtain a wastewater discharge permit shall complete and file with the director of public works, an application in the form prescribed by the city, and accompanied by a review fee as established by resolution of the city council and a letter requesting. . . . . ARTICLE V. WELL DRILLING DIVISION 1. GENERALLY Sec. 12-88. Permit fee amount. The fee to be paid to the city for the permit andlor inspection required by this article shall be established by resolution of the City Council. The applicant shall pay the required fee. .. within 48 hours of submission. Page 6 77416 ARTICLE VI. WATER AND SEWER CODE* Sec. 12-103. Utility connections. (a) (1) The fee shall be established by resolution of the city council and be based on the actual cost of materials and labor supplied by the city. Sec. 12-105. Deposits. (a) At the time application is made for water and sewer services, a deposit in an amount established by resolution of the city council shall be made with the city. (b) Sec. 12-106. Rates. (a) Any person. . . . .shall be charged and pay for such according to the rates established by resolution of the City Council. (b) Each multiple entity. . . . .shall be charged and pay for such according to the rates established by resolution of the City Council. (c) Sec. 12-107. Billing. (j) When any customer believes his meter is incorrect for any reason, he may make a written request to the city to have the meter removed and tested. The director of public works may require the customer to pay the cost for the removal and test of the meter in accordance with a fee adopted by resolution of the city council. (k) Page 7 77416 Sec. 12-108. Municipal utility drainage system. (c) Municipal drainage utility fees. (1) Assessment; collection. There shall be assessed a monthly fee in an amount calculated in accordance with this section for the municipal drainage utility system as established by resolution of the city council. The fee shall be assessed. . . . . (2) Schedule of municipal drainage utility fees. a. Sec. 12-110. Other fees and charges. (a) The city shall assess a fee established by resolution of the city council for the dishonor of any check tendered to the city in payment of any charges or fees assessed by the city. (b) The city shall assess a fee established by resolution of the city council for reconnecting a customer to the city water or wastewater system whose service has been disconnected for nonpayment. (c) The city shall assess a fee established by resolution of the city council for turning on the water at the request of the customer between. . . (d) ARTICLE VIII. REGISTRATION OF RETAIL ELECTRIC PROVIDERS Sec. 12-141. Registration, fees, annual renewal. (c) Registration fee. Each retail provider required to register under this section shall pay to the city an initial registration fee and a subsequent annual registration fee in an amount established by resolution of the city council. The subsequent annual registration fee may be amended from time to time by the city manager based upon the city manager's assessment of the amount necessary to recover all of the city's costs incurred in processing the registration. Page 8 77416 Sec. 12-143. Penalties. (a) Any registrant. .. prior to January 31 shall pay a penalty in an amount established by resolution of the city council. (b) Any registrant . . . a second delinquency penalty in an amount as established by resolution of the city council plus the amount. . . (c) Chapter 13 OFFENSES AND MISCELLANEOUS PROVISIONS Sec. 13-7. Defensive driving course fee. A nonrefundable fee established by resolution of the city council shall be charged as a special expense. . . . . ARTICLE V. ALARM SYSTEMS Sec. 13-54. Fee for permit. A fee established by resolution of the city council is required annual for each permit. All permits will expire one year from the date of issuance. Sec. 13-55. Service charge. (a) False burglar / intrusion alarms: (1) If within the. . . the director shall assess the permit holder or person in control of that alarm site a fee established by resolution of the city council for each subsequent. . . . . Page 9 77416 Chapter 15 PEDDLERS AND SOLICITORS Sec. 15-7. Investigation; term; fee; denial. (a) It shall be . . . .. Such permit, if granted, shall be issued after payment of fee as established by resolution of the city council. (b) " SECTION 3. That if any article, paragraph, subdivision, clause or provision of this ordinance or the City of The Colony Code of Ordinances, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this ordinance as a whole or any part or provision thereof, or of the Code of Ordinances, as amended hereby, other than the part so declared to be invalid or unconstitutional. SECTION 4. That the City of The Colony Code of Ordinances, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. i~SSED AND AP ROVED by the City Council of the City of The Colony, Texas, this the --J2--day of ,2005. (SEAL) Page 10 77416