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ORD 2002-22TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2002-22 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-15, ADOPTING A SCHEDULE OF FEES FOR THE TOWN, IN ITS ENTIRETY; AND PROVIDING FOR THE ADOPTION OF A NEW SCHEDULE OF FEES BY INCORPORATION OF EXHIBIT "A", AND ALL SCHEDULES THERETO; TO INCLUDE BUILDING PERMIT FEES, INSPECTION FEES, OTHER PERMIT ISSUANCE FEES, PLUMBING, ELECTRICAL AND MECHANICAL FEES, AND PROVIDING FOR PERMIT ISSUANCE AND HEATERS AND OTHER RELATED PUBLIC WORKS DEPARTMENT FEES; PLANNING AND ZONING FEES FOR SERVICES, MAPS, MEETINGS, ZONING CHANGE REQUESTS, STAFF REVIEW, PLATTING, SUBDIVIDER AGREEMENTS, AMENDMENTS AND UPDATES AND OTHER ZONING RELATED FEES; ZONING BOARD OF ADJUSTMENT FEES; FIRE/EMS DEPARTMENT FEES; ANIMAL CONTROL FEES; FIRE PLAN REVIEW FEES; FIRE DIVISION FEES; POLICE DEPARTMENT FEES; ADMINISTRATIVE FEES TO INCLUDE FEES FOR PAPER, ELECTRONIC, AUDIO, VIDEO, OVERSIZED PAPER, MYLAR, BLUEPRINT, OTHER RELATED REPRODUCTIONS, AND RELATED PERSONNEL AND RESOURCE FEES; PROVIDING RELATED TEXAS ADMINISTRATIVE CODE GUIDELINES; PROVIDING A PARKS AND RECREATION FEE SCHEDULE "A"; PROVIDING A PURPOSE; PROVIDING APPLICABILITY; PROVIDING A WAIVER; PROVIDING FOR AMENDMENTS HERETO; PROVIDING A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is empowered under the Texas Local Government Code, Section 54.001, to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; WHEREAS, on July 2, 2001, the Town repealed Ordinance No. 2000-02 in its entirety and enacted Ordinance No. 2001-15, adopting a new Schedule of Fees for the Town; WHEREAS, the Town does hereby desire to repeal Ordinance No. 2001-15 in its entirety and establish a new Schedule of Fees for the Town; WHEREAS, the fees set forth in Exhibit "A", and all schedules thereto, are reasonable and reflect reimbursement for administrative costs incurred by the Town in providing various services to the public; and Q:ITOWNSECIPending OrdinancesVepeal fees-052002.doc — WHEREAS, the Town is authorized to require the payment of reasonable fees for services provided. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. PURPOSE That there is hereby adopted a Schedule of Fees, attached hereto as Exhibit "A", including any schedule thereto, and incorporated herein for all purposes for the Town of Trophy Club, Texas, the payment of which shall be a condition precedent to the issuance of any permit, any inspection or the provision of a copy of any ordinance, resolution or any other Town record or document. Such fees represent the reasonable administrative costs of the Town in providing services to the public. SECTION 2. APPLICATION The provisions of this Ordinance shall apply to all fees established herein and shall be levied by the Town of Trophy Club, Texas, immediately upon the effective date of this Ordinance_ Separately adopted ordinances may also address applicable fees for other permit requirements and services provided within the Town of Trophy Club. This Ordinance should not be construed to be all inclusive of required permits or fees within the Town of Trophy Club. SECTION 3. WAIVER The Town Council reserves the discretion to either reduce or waive applicable plan review fees for any other governmental entity that seeks such reduction or waiver. The applicant seeking the reduction or waiver shall bear the burden of demonstrating that good cause exists for Council to determine that a reduction or waiver is appropriate. Economic hardship alone is not sufficient to support a finding by Council that good cause exists. SECTION 4. AMENDMENT The individual fees are subject to change to reflect the Town's actual costs and as such, the fees herein may be changed by the Town Council at any regular or scheduled public meeting through a simple majority vote. SECTION 5. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the Q:ITOWNSECIPending ordinanceslrepea] Fces-052002.dnr — �...- provisions of this Ordinance; provided however, that Ordinance No. 2001-15 is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 2001-15 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances 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 7. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION S. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. Q:ITOw[VSEC1Pending ordinancesVepeal fees-052002.doc SECTION 10. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Co cil o� own g rophy ub, Texas this 20`x' day of May, 2002. 7 EFFECTIVE DATE: May 29, 2002 ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas QATOWNSECTending Ordinances%repeal fees-052002.doc Town of Trophy Chi, Texas SEAL