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:
(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:
(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)
This article shall not apply to the federal government, the
state government, or any department or political subdivision thereof.
(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)
