An applicant shall pay all professional consultation costs, fees, and expenses, including, but not limited to, legal fees and expenses, incurred by the city in connection with the review, evaluation, approval, revision, and/or rejection of a zoning request, a variance request, a subdivision request, a building permit request, a site plan review, a construction plan review, a traffic study, a building and fire safety code review, an environmental review, a request for the city to enter into a contract or an agreement, a request for the enactment, amendment, or repeal of an ordinance, a request for special development consideration, an inquiry under Chapter 245 of the Local Government Code, or any other matter requiring professional consultation.
(Ordinance CO-01-01-25-M.1. adopted 1/25/01)
An applicant making a zoning request, a variance request, a subdivision request, a building permit request, a site plan review, a construction plan review, a traffic study, a building and fire safety code review, an environmental review, a request for the city to enter into a contract or an agreement, a request for the enactment or amendment of an ordinance, a request for special development consideration, an inquiry under Chapter 245 of the Local Government Code, or any other matter requiring professional consultation shall pay a non-refundable fee for professional consultation services in the amount of $200.00 in addition to all other applicable fees.
(Ordinance CO-01-01-25-M.1. adopted 1/25/01)
In the event that the non-refundable fee set forth in section 1.06.002 is inadequate to pay all costs, fees, and expenses for professional consultation relating to a zoning request, a variance request, a subdivision request, a building permit request, a site plan review, a construction plan review, a traffic study, a building and fire safety code review, an environmental review, a request for the city to enter into a contract or an agreement, a request for the enactment, amendment, or repeal of an ordinance, a request for special development consideration, an inquiry under Chapter 245 of the Local Government Code, or any other matter requiring professional consultation, the City Manager and the City Attorney shall determine an appropriate sum to be deposited as directed by the City Manager and the City Attorney prior to initiating the review, evaluation, approval, revision, and/or rejection of a zoning request, a variance request, a subdivision request, a building permit request, a site plan review, a construction plan review, a traffic study, a building and fire safety code review, an environmental review, a request for the city to enter into a contract or an agreement, a request for the enactment or amendment of an ordinance, a request for special development consideration, an inquiry under Chapter 245 of the Local Government Code, or any other matter requiring professional consultation. Applicant shall post such deposit, and the city or its professional consultants, including, but not limited to, its planners, engineers, and/or attorneys, shall bill against such deposit for costs, fees, and expenses incurred. In the event that such deposit is exhausted, applicant shall replenish the deposit as directed by the City Manager and the City Attorney. Any excess deposit remaining after payment of all costs, fees, and expenses for professional consultation shall be refunded to the applicant.
(Ordinance CO-01-01-25-M.1. adopted 1/25/01)
Alternatively and in lieu of an additional deposit under section 1.06.003, the City Council, in its sole discretion, may authorize an applicant to pay all costs, fees, and expenses for professional consultation upon the submission of periodic statements to the applicant, which periodic statements shall be due and payable as directed by City Council within thirty (30) days after issuance thereof. The City Council may, in its sole discretion, approve alternative periodic payment if:
(1) 
It is in the best interest of the city; and
(2) 
The applicant provides suitable proof of his ability to pay.
(Ordinance CO-01-01-25-M.1. adopted 1/25/01)
No application or request shall be accepted or considered complete until:
(1) 
The non-refundable fee pursuant to section 1.06.002 has been paid; and
(2) 
Any additional deposit pursuant to section 1.06.003 has been made or the City Council has approved alternative periodic payments pursuant to section 1.06.004.
(Ordinance CO-01-01-25-M.1. adopted 1/25/01)
No approval shall be issued by the city in connection with any application or request until the applicant has paid:
(1) 
The nonrefundable fee pursuant to section 1.06.002; and
(2) 
All costs, fees, and expenses incurred by the city with its professional consultants, including, but not limited to, its planners, engineers, and/or attorneys.
(Ordinance CO-01-01-25-M.1. adopted 1/25/01)
The City Council has and retains sole discretion to waive or refund, in whole or in part, any professional costs, fees, and expenses paid or payable under sections 1.06.002, 1.06.003, or 1.06.004 if the City Council finds the project relating to the application or request meets one or more of the following criteria:
(1) 
The project entails significant special circumstances or conditions that justify an exception to the city’s general development policy;
(2) 
The project entails special development considerations that will result in increased development costs over the usual and customary development costs within the city and/or its extraterritorial jurisdiction;
(3) 
The project entails a higher quality public infrastructure, furthers a public purpose, and provides a public benefit;
(4) 
The project will contribute to the economic development of the city and will improve the quality of life for residents of the city; and
(5) 
The project will generate other taxes or revenues, particularly sales and use taxes, that will offset the waiver or refund of professional costs, fees, and expenses.
(Ordinance CO-01-01-25-M.1. adopted 1/25/01)
In the event that an applicant disputes the necessity or reasonableness of all or any portion of an additional deposit under section 1.06.003 or an alternative periodic payment under section 1.06.004, the City Council may, in its sole discretion, determine the necessity and/or reasonableness of the additional deposit or alternative periodic payment in dispute and adjust the additional deposit or alternative periodic payment as the City Council deems appropriate.
(Ordinance CO-01-01-25-M.1. adopted 1/25/01)