ORD 2011-38TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-38
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED
"ADMINISTRATION", ARTICLE VIII, ENTITLED "SCHEDULE OF
FEES", PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS BY REPEALING AND AMENDING
VARIOUS SECTIONS OF THE SCHEDULE OF FEES, TO WIT:
AMENDING SUBSECTION "C" ENTITLED BUILDING (NEW
CONSTRUCTION RESIDENTIAL & COMMERCIAL) OF SECTION 8.03
ENTITLED "COMMUNITY DEVELOPMENT DEPARTMENT,
REPEALING SUBSECTION "N" ENTITLED "INSPECTIONS" OF
SECTION 8.03 ENTITLED "COMMUNITY DEVELOPMENT
DEPARTMENT" AND ADOPTING A NEW SUBSECTION "N"
ENTITLED "OTHER INSPECTIONS AND FEES" OF SECTION 8.03
ENTITLED "COMMUNITY DEVELOPMENT DEPARTMENT"; AND
REPEALING SECTION 8.10 ENTITLED "MUNICIPAL COURT" IN ITS
ENTIRETY AND ADOPTING A NEW SECTION 8.10 ENTITLED
"MUNICIPAL COURT"; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, Town staff has reviewed the fees that it charges for various services
and has determined that based upon the costs of providing those services, and in some
cases, based upon amounts charged the Town by third parties, some Town fees are in
need of adjustment; and
WHEREAS, Town staff is proposing changes to Town fees; and
WHEREAS, the Town Council has the authority via ordinance to establish
reasonable fees to cover the costs of services provided by the Town; and
WHEREAS, having reviewed the proposed cost adjustments, the Town Council
finds that the proposed fee adjustments are reasonable and necessary to pay the
administrative costs associated with providing services to the public; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Article VIII entitled, "Schedule of Fees" of Chapter 1, entitled "Administration"
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03 entitled
"Community Development Department", Subsection C "Building (New
Construction Residential and Commercial)" is hereby amended to add
Subparagraph 1 entitled "Commercial Deposit" and Subparagraph 2 entitled
"Residential Deposit" under Subsection "C" entitled "Building (New Construction
Residential and Commercial)" and Subparagraph 1 and 2 shall be and read in their
entirety as follows with all other portions of Subsection "C" remaining the same:
"C. Building (New Construction Residential & Commercial)
1. Commercial Deposit.
A deposit equal to 35 percent (35%) of the permit cost shall be due at the
time of application. The deposit shall be deducted from the total permit fee
amount. The total permit fee amount is due at the time that the permit is
issued and picked up by the applicant, prior to the beginning of construction.
After notification that the permit is ready to be issued, Applicant has 90 days
in which to pick up and pay in full the permit. After 90 days the deposit is
forfeited and the permit and a new deposit shall be resubmitted for review.
Duplicative applications shall not receive credit for a forfeited deposit, but
shall be required to post a new deposit to cover costs of review of the new
application.
2. Residential Deposit.
For persons or entities filing multiple permit applications per year (hereinafter
"Repetitive Applicant"), a single deposit of Six Hundred Twenty-Five Dollars
($625) shall be held as security for completion of pending permit applications.
In the event that a Repetitive Applicant fails to pay the full cost of an approved
permit, the $625 deposit shall be forfeited to cover the costs of review of the
single family residential building permit. Upon forfeiture of a deposit by a
Repetitive Applicant, such applicant shall be required to post a new deposit
prior to submitting any additional residential building permits."
2.02 Article VIII entitled, "Schedule of Fees" of Chapter 1, entitled "Administration" of
the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03 entitled
"Community Development Department", Subsection N "Inspections" is hereby
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repealed and a new Subsection N entitled "Other Inspections and Fees" of Section 8.03
is hereby adopted so that Section 8.03(N) shall be and read in its entirety as follows:
"N. Other Inspections and Fees:
Inspections outside of normal business hours
(Minimum charge ---two hours)
Reinspection fees assessed under provisions of Section
305.8
Inspections for which no fee is specifically indicated
(Minimum charge ----one-half hour)
Additional plan review required by changes, additions or
revisions to plans (Minimum charge ----one-half hour)
For use of outside consultants for plan checking and
inspections, or both
Construction Inspector -Outside of Normal Town Business
Hours
$47.00 per hour (1)
$47.00 per hour (1)
$47.00 per hour (1)
$47.00 per hour (1)
Actual Costs (2)
$45.00 per hour (1)
Capital Reimbursement Fee 1 % fee -capital
equipment replacement
(1) Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
(2) Actual costs include administrative and overhead costs."
2.03 Article VIII entitled, "Schedule of Fees" of Chapter 1, entitled "Administration"
of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.10 entitled
"Municipal Court", is hereby repealed and a new Section 8.10 entitled "Municipal
Court" is hereby adopted and shall be and read in its entirety as follows:
" Section 8.10 Municipal Court
Warrant Fee
Capias Fee
Transcription Fee
NSF Check Fee
Driving Safety Fee
Court Building Security Fee
Court Technology Fee
Credit Card processing Fee
$50.00
$50.00
$25.00
$25.00
$9.90
$3.00 -per violation as authorized by State law
$4.00 -per violation as authorized by State law
5% or percentage charged by credit card company"
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances, whether such Ordinances are codified or
uncodified, except for those instances where there are direct conflicts with the
ORD 2011-38 Page 30f4
provisions of this Ordinance and where such other Ordinance(s) do not specifically state
that fees contained therein take precedence. 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 any such Ordinance 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 4.
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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect upon its passage and publication in accordance
with the law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 1ih day of October, 2011.
Mayor Connie White
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
[SEAL]
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