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HomeMy WebLinkAbout24-3768 Ordinance375 ORDINANCE NO. 24-3768 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS BY AMENDING THE FEES, RATES AND SERVICE CHARGES FOR PROVIDING MUNICIPAL AND GOVERNMENTAL SERVICES FOUND IN APPENDIX A AND IN CHAPTER 10 "SUBDIVISION REGULATION"; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00 FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council for the City of Plainview, Texas pursuant to the constitution and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas Constitution as a home rule city, Title 7, Subtitle A and Chapters 51 and 552 of the Texas Local Government Code, Chapters 363 and 364 of the Texas Health and Safety Code, and Article II, Section 2.12 of the City of Plainview City Charter, authorizes the City to impose and set fees and rates for providing various city services for the benefit of the citizens of the City of Plainview; and WHEREAS, a home rule city's authority to enact ordinances under its police power carries with it the corresponding right to impose fees to fund and implement such ordinances and such fees are presumed valid if they are reasonably associated with the cost of administering the ordinance; and WHEREAS, the Article II, § 2.12(10) of the City Charter of the City of Plainview requires the City Council to set the rate for services, fees or licenses provided by the City of Plainview by ordinance; and WHEREAS, the City Council of the City of Plainview previously adopted rates, fees and service charges for providing a variety of municipal governmental services as codified throughout the Plainview Code of Ordinances reasonably associated with the cost of providing such municipal services; and WHEREAS, the City Council has found that, due to the increase in expenses associated with providing such municipal services it has become necessary to amend certain fees, rates and service charges; and WHEREAS, the City Council of the City of Plainview further finds that amending the fees, rates and service charges imposed by the City of Plainview to help recover the expenses associated with providing such municipal and governmental services and adopting the master fee schedule as outlined herein operating and maintaining the City's utilities and provide certain governmental services and to promote efficiencies, transparency and eliminate waste is reasonable and necessary and is in the best interest of the public health, safety and welfare; NOW THEREFORE, THE CITY OF PLAINVIEW HEREBY ORDAINS THAT: Master Fee Schedule Ordinance 2024 Page 1 of 8 376 SECTION 1. The Code of Ordinances, City of Plainview, is hereby amended by amending Table 10.05.001 "Administrative and Public Body Approvals" as set out in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 2. The Code of Ordinances, City of Plainview, is hereby amended by amending Appendix A "Master Fee Schedule" as set out in Exhibit "B" attached hereto and incorporated herein for all purposes. SECTION 3. The Code of Ordinances, City of Plainview, is hereby amended by adding a Section 1.02.004 to Chapter 1, Article 1.02, as follows: 1.02.004 Credit and debit card processing fee. The city shall collect a processing fee reasonably related to the expense incurred in processing payment by credit card or debit card as provided for in the master fee schedule. SECTION 4. Penalty. Any person found in violation of any provision of this Ordinance shall be shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provision found in Section 1.106 of the Code of Ordinances, City of Plainview, Texas. SECTION 5. Effective Date. This ordinance shall take effect immediately from and after its passage and publication as may be required by governing law. SECTION 6. Repealed. All other terms and provisions of the Code of Ordinances, City of Plainview, not in conflict herewith and not hereby amended shall remain in full force and effect. SECTION 7. Severability. If any provision, section, subsection, sentence, clause or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Plainview, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 8. Publication. The City Secretary of the City of Plainview is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Passed and approved on first reading this 10th day of September, 2024. 1 Master Fee Schedule Ordinance 2024 Page 2 of 8 377 1 1 Passed and approved on second reading this 24th day of September, 2024. ATTEST: Belinda Hinojos4jity Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Attorney Master Fee Schedule Ordinance 2024 Page 3 of 8 CGJ A Cb Exhibit "A" to ORDINANCE NO.24-3768 § 10.05.001. Table of administrative and public body approvals. Table 10.05.001. Administrative and Public Body Approvals Permit/Plan Required For Timing Exceptions Issued By Fee Cross Reference' Administrative Approval Building permit Construction, reconstruction, improvement, Prior to None Administrator Art. 3.03, Buildings, or repair of any building or structure for commencement of leg Fermi and sec. 10.06.001, which an additional permit or approval is construction Bees Building Permit required See Master Fee SChedulc Certificate of occupancy Occupancy of buildings and structures Prior to occupancy Nonc administrator US Sec. 14.12.002 including new, reconstruction, and the See Master Fee [14.12.003], conversion of residential to nonresidential Schedule Certificate of and vice versa Occupancy Concept plan Preliminary plat applications, where due to 48 hours prior to a Plat applications that Administrator Sec. 10.06.003, the size and/or complexity of the project, a pre -application require only one to p Concept Plan development phasing process is required conference phase €ee See Master Fee Schedule Floodplain development permit See sec. 3.13.032, Permit Development Procedures Minor plat amendment Amendments to plats which fall under Whenever None City manager or Q125 pe f plat phis Sec. 10.06.005, TLGC sec. 212.016, Amending Plat requirements can be planning and zoning $5 per -let Minor Plat identified as being commission See Master Fee Amendments met Schedule Public Body Approval Preliminary plat Subdivision of real property Required prior to See TLGC chapter Planning and zoning S 190 per- plat plus Sec. 10.07.001, final plat and after 212, Municipal commission $5 Pef let Preliminary Plats concept plan Regulation of See Master Fee Subdivisions and Schedule Property Development, and sec. 10.07.003, - Consolidated preliminary and final plats Final plat Subdivision of real property Required after See TLGC chapter Planning and zoning S 150 per. plat, plus Sec. 10.07.002, Final preliminary plat and 212, Municipal commission $5 pule Plats prior or concurrent Regulation of 42 with site development Subdivisions and See Master Fee plan Property Schedule Development Consolidated preliminary and Subdivision of real property (only Required after N/A Planning and zoning $ 150 per pW, plus Sec. 10.07.003, final plat applicable for projects meeting the concept plan commission $5 per let Consolidated requirements of sec. 10.07.003) See Master Fee Preliminary and Final SchcdLllC Plats Final plat vacation Vacating a previously approved subdivision Prior to the sale of real None Planning and zoning Sec. 10.07.004, Final of real property property or with all commission See Master Fee Plat Vacation, and owners' consent Schedule TLGC sec. 212.013, Vacating Plat Replats Subdivision of real property After plat See TLGC chapter Planning and zoning $1 50-POF Plat, Plss Sec. 10.07.005, approval 212, Municipal commission $9 POF 18 Replats when edits to Regulation of See Master Fee a plat are Subdivisions and Schedule necessaryPro Development Text amendments Text additions and changes to this N/A None City council NOM Sec. 10.07.006, Text chapter of the city's Code of See Master Fee Amendments Ordinances Schedule Variance Deviation from the standards of Prior to a None Planning and zoning W Sec. 10.07.007, this chapter building commission See Master Fee Variances permit for Schedule improvements which a variance is required Appeals to planning and zoning Appeals from decisions of city Within 30 None Planning and zoning QW Sec. 10.07.008, commission staff (administrator, public works days of the commission See Master Fee Appeals director, etc.) decision Schedule appealed Appeals to city council Appeals from decisions of the Within 30 None City council WO Sec. 10.07.008, planning and zoning commission days of the See Master Fee Appeals decision Schedule appealed Table notes: Cross references are provided for convenience only and do not exempt the application from complying with all applicable standards of this chapter, any other provision within the city's Code of Ordinances, or state law. W OR Exhibit "B" to ORDINANCE NO.24-3768 Appendix A MASTER FEE SCHEDULE § A.001. Master fee schedule. § A.001. Master fee schedule. CHAPTER 1. GENERAL PROVISIONS Code Section Description Fee 1.02 Administration § 1.02.001 Copies of police reports Police reports, accident report or any other report $6.00 1& 02.004 Credit Card Processing Fee Per Transaction $1.00 Public information requests See Texas Administrative Code chapter 70, section 70.3 Health department fees Blood pressure check $- Blood glucose $2.00 Health cards/TB tests $20.00 Copy of health card $5.00 Pregnancy test $20.00 Cholesterol screening $20.00 TDaP vaccine (private stock) $45.00 Influenza vaccine (private stock) $20.00 Immunizations (0-18 years/TVFC) Administration fee $10.00 per vaccine Adult Immunizations (ASN) Administration fee $20.00 per vaccine TT testing (by appointment) $20.00 CHAPTER 10. SUBDIVISION REGULATIONS Code Section Description Fee 10.06.001 Building Permit See 3.03.004 10.06.003 Concept plan No fee in addition to Prefirningy Plat Fee 10.06.005 Minor plat amendment Per plat plus $5 per $125.00 lot 10.07.001 Preliminary plat Per plat plus $5 per $150.00 lot 1 1 1 1 10.07.002 Final plat Per plat plus $5 per lot $150.00 10.07.003 Consolidated preliminary and final plat Per plat plus $5_per lot $150.00 10.07.004 Final plat vacation Per plat 125.00 10.07.005 Replats Per plat plus $5 per lot $150.00 10.07.006 Text amendments 50.00 10.07.007 Variance $100.00 10.07.008 Appeals to planning and zoning commission $200.00 Appeals to city council 200.00 CHAPTER 12. TRAFFIC AND VEHICLES Code Section Description Fee 12.17 Special Events 12.17.004(¢) Special Events Permit Application S50.00 CHAPTER 13. UTILITIES Code Section Description Fee § 13.02.009 Water rates Conservation step rate structure inside city limits Minimum monthly charge Monthly $31.00 $32.50 Conservation Step Rate Structure Outside Citv Limits Minimum monthly charge Monthly $31.00 $32.50 § 13.02.010 Sewer rates Residential rates Single-family dwellings minimum $300 $15.00 Additional usage charge with a cap at 14,000 gallons per thousand $2.00 Multifamily residence 1 st dwelling unit minimum $13.09 $15.00 Each additional unit minimum $11.85 Additional usage charge per thousand $2.00 Commercial rates All other commercial establishments Minimum $133-00 $15.00 Additional usage charge Perthousand $2.00 ndividuals not using city water estimated Minimum $300 $15.00 381 382 gallons use Consumer using water sampling and meter device Minimum $13.00 $15.00 Additional usage charge Per thousand $3.39 Plus additional charges based on quality § 13.03.006 Water service tap fees Water service tap charges 3/4" tap fee $850.00 $1,300.00 1" tap fee 1 550.00 1-1 /2" tap fee $3,200.00 2" tap fee $3,600.00 $3,850 Larger than 2" ctual cost Note to codifier: the ellipses ("... ") indicate bulk groups of line items that are not amended by this Ordinance. 1 1 1