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HomeMy WebLinkAbout2221 05-28-2019 ORDINANCE NO. 2221 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, BY AMENDING CHAPTER 30, "FEES", SECTION 30- 13 "BUILDING FEES" TO REVISE THE FEES RELATED TO THE ISSUANCE OF RESIDENTIAL BUILDING PERMITS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas 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, the City has previously adopted regulations for the issuance of residential building permits within the City and has provided for the collection of fees in connection therewith; and WHEREAS, the City Council, after due and careful consideration, considers it desirable and in the best interest of the health, safety, morals and general welfare of the citizens to amend the fees related to the issuance of residential building permits within the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Chapter 30, "Fees", Section 30-13, "Building Fees" of the Code of Ordinances of the City of Euless, Texas is hereby amended in its entirety to read as follows: Section 30-13 Building fees (a) Residential permit fees for single-family, two-family, and townhome family construction are calculated at the following rates: (1) New construction: $0.75 per square foot (2) Residential Alterations, Renovations, and/or Additions i. Major with Multiple Trades $0.75 per square foot ii. Minor with Single Trade $0.50 per square foot (b) Commercial and multifamily residential construction permit fees are based on the value of the work. (1) Commercial and multifamily residential (new construction [combination], remodel, and miscellaneous) permit fee: Total valuation Fee $1.00 to $500.00 $50.00 $501.00 to $2,000.00 $50.00 for the first $500.00 plus $4.50 for each additional $100.00 or fraction thereof. $2,001.00 to $25,000.00 $110.00 for the first $2,000.00 plus $18.00 for each additional $1,000.00 or fraction thereof. $25,001.00 to $50,000.00 $520.00 for the first $25,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof. $50,001.00 to $100,000.00 $900.00 for the first $50,000.00 plus $10.00 for each additional $1,000.00 or fraction thereof. $100,001.00 to $500,000.00 $1,500.00 for the first $100,000.00 plus $8.50 for each additional $1,000.00 or fraction thereof. $500,001.00 to $4,900.00 for the first $500,000.00 plus $7.00 $1,000,000.00 for each additional $1,000.00 or fraction thereof. $1,000,001.00 and up $8,400.00 for the first $1,000,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof. Note: fees for re-roofing and the installation of water heaters are by separate flat fee as reflected in subsections (k) and (n). (c) Plan review fees for all commercial projects shall be 65 percent of the computed building permit fee. A nonrefundable plan review fee shall be assessed to all commercial and multifamily building permit applications at the time of plan submittal. A building permit application is not considered received until the plan review fee has been paid. (d) Accessory Buildings: (1) All skid based accessory buildings greater than 120 square feet $70.00 (2) All slab based accessory building greater than 120 square feet: $100.00 (e) Certificate of occupancy: $50.00 Ordinance No. 2221, Page 2 of 5 (f) Electric Permit: $120.00 (g) Fence permit fee: (1) Sing le-family/two-family/townhome family residential installation of fencing permit fee: $50.00 (2) Commercial and multifamily residential development fence permits will be based on commercial and multifamily residential permit fees within subsection (b). Fence installation valuations for commercial and multifamily development will be provided by cost estimates from the contracting installer. (h) Landscape irrigation permit and plan review fee: (1) Sing le-fam ily/two-fam i ly/town home family residential installation of landscape irrigation systems permit fees: i. New irrigation system: $150.00 ii. Existing irrigation system additions/alterations (if altering system less than 50%): $60.00 (2) Commercial and multifamily residential development landscape irrigation permits will be based on commercial and multifamily residential permit fees within subsection (b). Landscape irrigation installation valuations for commercial and multifamily developments will be provided by cost estimates from the contracting installer. An irrigation plan review fee of $100.00 will apply to all irrigation plans (multifamily and commercial) submitted in support of a landscape irrigation permit application. (3) Backflow Protective Devices, each replacement $60.00 (i) Mechanical Permit: $120.00 0) Plumbing Permit: $120.00 (k) Re-Roof Fee (Commercial and multi-family): Fee based on valuation of work as per subsection (b). (1) Swimming Pool permit: $550.00 (m)Temporary utility service: $35.00 Ordinance No. 2221, Page 3 of 5 (n) Water heater replacement: (1) Sing le-fam ily/two-fam i ly/town home family residential: $60.00 per water heater unit when not included as a portion of an additional plumbing permit. (2) Commercial and multi-family: Based on valuation of work as per subsection (b). (o) Other methods for determining the fee calculations or project valuations for unique or unusual projects may be approved by the building official. (p) Fee refunds: Fees collected in accordance with this chapter may be refunded under the following conditions when requested in writing by the person who paid the fee within 180 days of the collection of the fee. (1) Fee collected in error. Any fee in this chapter that was collected in error shall be refunded in full. (2) Permit fees. When a permit is withdrawn or canceled by the applicant before any work has begun as authorized by that permit then 80 percent of the permit fee shall be refunded. If any work has begun in accordance with the permit, then no refund shall be granted. SECTION 2. CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and Ordinance No. 2221, Page 4 of 5 upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions," Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 5. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the City Code or any other ordinance related to permit fees that 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 but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause of this ordinance shall be published in a newspaper of general circulation in the City of Euless, in compliance with the provisions of Article II, Section 12 of the Euless City Charter. SECTION 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on May 28, 2019, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: APPROVED AS TO FORM: Linda Martin, Mayor Wayne K. Olson, City Attorney ATTEST: III-(- zi Kh Sutter, RMC, City Secretary Ordinance No. 2221, Page 5 of 5 Star-Telegram MEDIA Arlington Citizen-Journal I The Ke I La Estrella Mansfield News-Mirror I Star-Telegram Nord,, erford Star-Telegram star-telegram.com 1 808 Throckmorton St. I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# I Ad Number Identification I POI Amount Cols Depth r____600565 0004239591 CITY OF EULESS ORDINANCE NO. 2219 AN 01 ORDINANCE NO.2219/2221 $82.76 1 108.00 U Attention: Lindsay Wells THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR Before me, a Notary Public in and for EULESS, TX 760393543 said County and State,this day personally appeared VICTORIA CITY OF EULESS CITY OF EULESS RODELA, Bid and Legal Coordinator ORDINANCE NO.2239 ORDINANCE NO.2219 AN ORDINANCE AUTHORIZING AN ORDINANCE AUTHORIZING for the Star-Telegram, published by THE ISSUANCE OF A SPECIFIC THE ISSUANCE OF A SPECIFIC USE PERMIT ON APPROXI- USE PERMIT ON APPROXI- the Star-Telegram, Inc. at Fort Worth, MATELY 2.6 ACRES IN THE ED- MATELY 2.6 ACRES IN THE ED- In Tarrant Count Texas; and who, WARD TAYLOR SURVEY, AB- WARD TAYLOR SURVEY, AB- Y, STRACT NO.1S50,TRACTS IA4 STRACT NO.1550,TRACTS IA4 after beingdui sworn, did depose AND 1A5; 30SO STATE HIGH- AND 1A5; 3050 STATE HIGH- y p WAY 360 FOR A CONVENIENCE WAY 360 FOR A CONVENIENCE and say that the attached clipping of STORE WITH GASOLINE SALES STORE WITH GASOLINE SALES AND CAR WASH; PROVIDING FAND CAR WASH;OR A SEVERABILITY PROVIDING an advertisement was published in FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VI- PROVIDING A PENALTY FOR VI- the above named paper On the listed OLATION; PROVIDING FOR OLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL PUBLICATION IN THE OFFICIAL dates: NEWSPAPER' AND PROVIDING NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. AN EFFECTIVE DATE. SECTION 3. SECTION 3. PENALTY FOR VIOLATION. Any PENALTY FOR VIOLATION. Any person,firm,or corporation vlo- person,firm,or corporation vio- lating any of the terms and pro- lating any of the terms and pro- ORDINANCE NO.2221 Visions of this ordinance shall visions of this ordinance shall AN ORDINANCE AMENDING . 2 Insertion(s) be deemed guilty of a misde- be deemed guilty of a misde- THE CODE OF ORDINANCES OF meanor, and upon conviction meanor, and upon conviction THE CITY OF EULESS, BY thereof shall be fined in accord- thereof shall be fined in.accord- AMENDING CHAPTER 30,"FEE- Published Om ante with Chapter 1, "General ante with Chapter 1, "General Z,"' S", SECTION 30-13 'BUILDING May 31, 2019,June 01,2019 RELATE Pi "isiens,"Section 1.1Gen- Provisions,"Section 1-12,"Gen- FEES" FEES Y eral Penalty" Euless Code of eral Penalty," Euless Code of D REVISE THE D TO THE ISSUANCE OF Ordinances. leach such violation Ordinances. Each such violation RESIDENTIAL BUILDING PER- shall be deemed a separate of- shall be deemed a separate of- MITS; PROVIDING A CUMULA- fense and OW1 be punishable as fense and shall be punishable as TIVE CLAUSE; PROVIDING A such hereunder. such hereunder. SEVERABILITY CLAUSE; PRO- SECTION 4. SECTION 4. VIDING A PENALTY FOR VIOLA- PUBLICATION CLAUSE.The City PUBLICATION CLAUSE.The City TION; PROVIDING A SAVINGS ,•'pYP'••, Secretary of the City of Euless Secretary of the City of Euless •. CLAUSE; PROVIDING FOR PUB j:__ q STEFANI SCOTT BEARD Is hereby directed to publish in is hereby directed to publish in LICATION IN THE OFFICIAL the official newspaper of the the official newspaper of the I *: MY Notary ID#131768951 NEWSPAPER; AND PROVIDING city,of Eutoss, as required by City of Euless, as required by AN EFFECTIVE DATE. ��'• T' Section 12 of Article 1 of the Section 12 of Article 11 of the ;F,oF iE+ Expires October 23,2022 Charter of the City of Euless. SECTION 4. Charter of the City of Euless. SECTION 5. PENALTY FOR VIOLATION. Any SECTION S. person,firm,or corporation vio- EFFECTIVE DATE. This ordi- EFFECTIVE DATE. This ordi- lating any of the terms and pro- nance shall be in full farce and nance shall be in full force and visions of this ordinance shall effect from and after its pds- effect from and after its pas- be deemed guilty of a misde- saw,as 1wovided by the Euless sage,as provided by the Euless meanor, and upon conviction City Charter and the lours of kh City Charter and the laws of the e State of Texas. thereof shall be fined in accord- State of Texas. N ante with Chapter 1, "General PRESENTED AND PASSED O PRESENTED AND PASSED ON FIRST AND FINAL READING Provisions,"Section 1-12,"Gen- FIRST AND FINAL READING at eral,Penalty," Euless Code of a regular meeting of the EuIeSS a regular meeting of the Euless Ordinances. Each such violation (Principal Clerk) City Council on May 28,2019,by City Council on May 28,2019,by shall be deemed a separate of- a vote of 7 ayes,0 nays, and 0 a vote of 7 ayes, 0 nays,and 0 fense and shall be punishable as abstentions. SUBSCRIBED AND SWORN T abstentions. such hereunder. ORDINANCE NO.2221 SECTION 6. BEFORE ME, THIS 3rd day of June AN ORDINANCE AMENDING PUBLICATION CLAUSE.The City THE CODE Of ORDINANCES OF Secretary of the City of Euless in the year of 2019 THE CITY OF EULESS, BY is hereby directed to publish in AMENDING CHAPTER 30,"FEE• the official newspaper of the S" SECTION 30-13 'BUILDING City of Euless, as required by FEES" TO REVISE THE FEES Section 12 of Article II of the RELATED TO THE ISSUANCE OF Charter of the City of Euless. RESIDENTIAL BUILDING PER- SECTION 7. MITS; PROVIDING A CUMULA- EFFECTIVE DATE. This ordi- TIVE CLAUSE; PROVIDING A nance shall be in full force and SEVERABILITY CLAUSE; PRO- effect from and after its pas- VIDING A PENALTY FOR VIOLA- sage,as provided by the Euless tary lic- TION; PROVIDING A SAVINGS City Charter and the laws of the CLAUSE- PROVIDING FOR PUB- State of Texas. LICATINN IN THE OFFICIAL PRESENTED AND PASSED ON NEWSPAPER; AND PROVIDING FIRST AND FINAL READING at AN EFFECTIVE DATE. a regular meeting of the Euless SECTION 4- City Council on May 28,2019,by PENALTY FOR VIOLATION. Any a vote of 7 ayes, 0 nays, and 0 pperson,firm,or corporation vio- abstentions. lating any of the terms and pro- _— visions of this ordinance shall Extra charge for lost or duplicate affidavits. be deemed guilty of a misde- mpanrx, and U convi<tlon Legal document please do not destroy! thereof shall be fined in accord-