16 - Amendment of Appendix A - Fee Schedule Section A3.002(b) Engineering Department FeesItem No. 16
TO: Mayor, Mayor Pro -Tem and City Council
Grayson Path, City Manager
FROM: Todd Mittge, City Engineer
SUBJECT: Amendment of Engineering Department Site Plan Review Fee and Site
Permit and Engineering Fee
MTG. DATE: April 24, 2023
BACKGROUND
A new fee schedule related to the development process was adopted by City Council at the
December 12, 2022 regular meeting. After feedback from developers, City Staff discovered
errors in the Engineering fee schedule items contained in Appendix A, Section A3.002(b)(1) and
(b)(2). These errors have resulted in fees significantly higher than what was intended or is
necessary. As currently written the fee schedule calls for: "Site permit and engineering fee: 3%
of job cost" and "Site Plan review: 25% of permit fee".
STATUS OF ISSUE:
Since Council approved the fee schedule revisions in December, the City has assessed several
fees on several construction projects.
OPTIONS:
After careful review, City Staff has determined that a fee of 3% of the cost of proposed public
improvements (rather than total job cost) with a minimum cost of $100 would be fair and
reasonable. The percentage would cover the cost of reviewing and inspecting improvements to
be dedicated to the public and the minimum cost would cover review of civil plans that do not
include public dedication.
City Staff are requesting permission from Council to refund the developers who have been
affected by the December fee schedule in an amount that is equal to the difference between what
the developer actually paid and what they would be required to pay under the amended schedule.
RECOMMENDATION
Adopt an ordinance deleting Appendix A Section 3.002 (b) (1) and amending Appendix A
Section 3.002 (b) (2) to read, "Site permit and engineering fee: 3% of cost of public
improvements. $100 minimum." Staff also recommends that Council authorize compensation to
any developer who has paid the site permit and engineering fee under the December fee schedule
in an amount equal to the difference between what was originally paid and what would be
assessed under the amended schedule.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AMENDING APPENDIX A, "FEE SCHEDULE," SECTION
A3.002(b), "ENGINEERING DEPARTMENT FEES," OF THE CODE OF
ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the Appendix A of the City of Paris Code of Ordinances provides a fee
schedule for city permits and services, including those related to construction and
development; and
WHEREAS, the City Council amended the fee schedule on December 12, 2022; and
WHEREAS, since that time it has come to the attention of City Staff that there is an
error in the schedule for Engineering department fees relating to site plan reviews and
permits, which error has resulted in the assessment of excessive fees in some cases; and
WHEREAS, the City Council finds it desirable to revise these fee schedule so as to
correct this error;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Appendix A, Article A3.002(b), "Engineering department fees,"
shall be and is hereby amended to read as follows:
"(b) Engineering department fees.
(1) Site plan review: 2596 of pelf ;* fee-. Site l:,ermit and en�p neering, fee with
1, ublic improvements 3N. of the cost of public improvements
(2) Site permit and engineering fee—„fob with no iubl c i 1 rovements: $100.00.
301of job ee4
(3) Grading permit: $250.00.
(4) Clearing permit (tree removal): $200.00.
(5) Right-of-way (ROW) - working in right-of-way: $100.00.”
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section S. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That this ordinance shall become effective from and after its passage.
PASSED AND ADOPTED on this 24th day of April, 2024.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney