Loading...
Ord 53-2010 9/21/2010ORDINANCE NO. 53 -2010 Ordinance Amending And Providing For Various Fees And Rates Of The City Of Wichita Falls, Providing For Limited Codification, And Declaring An Emergency And Effective Dates WHEREAS, City Staff have studied the cost of providing the services described herein administering and enforcing the regulatory schemes described herein, and determined that costs are currently not being covered by the existing fees; WHEREAS, after receiving and reviewing the aforementioned costs, the City Council finds that the fees established herein do not exceed the amount reasonably necessary to provide the services and administer and enforce the regulatory programs to which they are related; and, WHEREAS, the City Council finds that increases in the fines, fees, and rates described herein are necessary to provide for the services and regulatory programs described herein and further finds that any discrimination established against non - residents in fee amounts does not provide funds that exceed the taxpayer- funded amount of the described programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Fire Cost Recovery Chapter 48 of the Code of Ordinances of the City of Wichita Falls is amended to add Article VII thereto, which will read as follows: ARTICLE VII. FIRE. Sec. 48 -71. Fire Cost Recovery. The following fees shall be assessed and collected for the use of equipment and supplies in Fire Department responses to vehicle fires and accidents, hazardous material spills and releases, and low water crossing rescues and rescue attempts. a. $450 for each response to an incident scene involving at least one fire apparatus (engine, truck, rescue/Hazmat, manpower squad, command vehicle, mini - pumper), b. The actual cost of any consumable used or partly used for the mitigation of any hazardous materials spill or release, and c. The actual cost of repairing or replacing any non - consumable item damaged during attempts to mitigate an incident covered under this section. If a vehicle that is the subject of a response is covered by an automobile insurance policy, the occupants of said vehicle will not be billed in accordance with this section for the response, and the responsible vehicle's insurance company will instead be billed for that response. Secs. 48- 72- 48 -80. Reserved 2. Library Fines & Fees Article III of Chapter 86 of the Code of Ordinances of the City of Wichita Falls is repealed and Chapter 48 of the Code of Ordinances of the City of Wichita Falls is amended to add Article X thereto, which will read as follows: ARTICLE X. LIBRARY Sec. 48 -101. Library. (a) The following fines and fees for the public library are established: (1) Overdue and/or lost materials. Patrons shall be assessed a fine of $0.15 per workday per item for all overdue materials until the item is returned or the replacement cost is reached. However, a five -day grace period is provided, whereby no fine is charged on items if they are returned within five workdays of the due date. If an item is lost, the patron shall be required to pay a set fee based on the replacement cost of the item and the approximate processing costs involved in accessioning the replacement item. (2) Damaged materials. Damaged materials shall be inspected by the library staff, and the charges shall be assessed based upon the degree of damage. (3) Lost library cards. A new library card shall be issued as replacement for a lost library card for a charge of $1.00 for adults and children. (4) Photocopying. Patrons may make photocopies or microfilm or microfiche copies or computer printouts for a charge of $0. 10 per copy. (5) Nonresident library cards. When new library cards are issued, a fee of $25.00 shall be assessed to all individuals who reside outside the city limits. This fee shall not apply to nonresident property owners and their immediate family members (i.e., spouse and children who reside at the same residence) who can substantiate payment of current ad valorem taxes to the city. Library cards are valid for one year from the date of issuance. (b) Proceeds. All proceeds from the payment for lost books shall be deposited into the special revenue fund account earmarked for purchases of materials and equipment for the public library. Sec. 48 -102 — 48 -110. Reserved. 3. Permit Fees Sections 2 -906, 2 -907, 2 -908, and 2 -909 of the Code of Ordinances of the City of Wichita Falls are amended to replace the minimum fee of $30.00 in the first sentence of each section with $36.00, with the title and first sentence of each section to read as follows: Sec. 2 -906. Building permits and inspections. A minimum fee of $36.00 shall be charged for issuing any class of permit required by the building code and as required in this section.... Sec. 2 -907. Electrical permits. A minimum fee of $36.00 shall be charged for issuing any class of electrical permit required by the electrical code and as required in this section.... Sec. 2 -908. Plumbing permits. A minimum fee of $36.00 shall be charged for issuing any class of permit required by the city plumbing code.... Sec. 2 -909. Mechanical permits. A minimum fee of $36.00 shall be charged for issuing any class of permit required by the city mechanical code.... 4. Fire Clearance Inspection Fees Section 2- 907(4) of the Wichita Falls Code of Ordinances is amended to add subsection k. thereto, which will read as follows: k. Clearance to connect electrical service pursuant to 22- 224(b)(5) [following discontinuance of service or change of occupants] : Residential ... $10.00 Commercial .. $35.00 5. Elimination of Contractor Registration Fees The following sections of Chapter 22 of the Wichita Falls Code of Ordinances are amended as indicated in each section: Sec. 22 -27. Subsection (g) of the subsection amending Section 105.1 of the International Building Code is amended to read as follows: (g) Reserved. Sec. 22 -154. The first sentence of Section 22 -154 is amended to read as follows: A person licensed by the State of Texas as an electrical contractor or electrical sign contractor who seeks to perform electrical work in the city shall register his state license with the building and code administration division prior to work being done. Sec. 22 -482. The following subsections amending the following sections of the 2006 International Plumbing Code are amended to provide as follows: Section 104.5.2 Registration of Plumbing Contractors Required. Any person, company, firm, partnership or corporation desiring to engage in the business of plumbing within the corporate limits of the City of Wichita Falls, Texas, shall register with the City of Wichita Falls, in the building and code administration division. Section 105.2 Registration of Plumbing Contractors. Any person, company, firm, partnership or corporation desiring to engage in the business of plumbing within the corporate limits of the City of Wichita Falls, Texas, shall register with the City of Wichita Falls, Building and Code Administration Division. Section 105.5. Registration of Irrigators. Any person, company, firm, partnership or corporation desiring to engage in the business as an irrigator within the corporate limits of the City of Wichita Falls, Texas, shall register with the City of Wichita Falls, Building and Code Administration Division. Sec. 22 -512. The last paragraph of the subsection amending Section 104.5 of the International Mechanical Code is amended to provide as follows: A person required to have an air conditioning contractor license pursuant to Vernon's Ann. Civ. St. art. 8861 shall register with the Building and Code Administration Division prior to performing work within the City of Wichita Falls and shall also file a copy of any renewal license not later than 30 days after the renewal license is obtained. 6. Alarm Permits Sections 42 -184 and 42 -186 of the Wichita Falls Code of Ordinances are amended to read as follows: Sec. 42 -184. Issuance. Upon receipt of a properly completed application form for an alarm permit and a permit fee of $25.00, the chief shall issue an alarm permit to an applicant, unless the applicant has failed to pay a service fee assessed under section 42 -155 or has had an alarm permit for the alarm site revoked, and the violation causing the revocation has not been corrected. Sec. 42 -186. Duration and renewal. An alarm permit is issued for one year from the date of issuance and must be renewed every year upon submission of an updated application and renewal fee of $15.00. It is the responsibility of the permit holder to submit an application prior to the permit expiration date. 7. Retail Water Rates Subsections (c) through (h) of Section 106 -126 of the Wichita Falls Code of Ordinances are amended to read as follows, with the new rates to be effective during the first full billing cycle after October 1, 2010, and thereafter: (c) The minimum monthly bill for all metered treated water service shall be as shown below, exclusive of any water volume charge. Meter Size Minimum Bill 5/8 inch $9.05 1 inch 18.35 1' /2 inch 33.84 2 inch 52.44 2'/2 inch 67.39 3 inch 95.83 4 inch 157.81 6 inch 312.77 8 inch 554.51 10 inch 864.43 (d) For consumption, the rates per 100 cubic feet for residential customers are as follows: (1) First 200 cubic feet of water at $2.29 per hundred (2) Next 800 cubic feet of water at $2.40 per hundred (3) Next 1,000 cubic feet of water at $2.51 per hundred (4) Next 2,000 cubic feet of water at $2.75 per hundred (5) Next 2,000 cubic feet of water at $2.91 per hundred (6) Next 6,000 cubic feet and above of water at $3.08 per hundred Specific use meters installed for lawn sprinklers, swimming pools, and other non- domestic uses will be considered as residential for the purpose of billing. Residential rates will apply to all water measured through these special use meters even though they may be located at a commercial or industrial site. (e) For other than residential customers, including fire hydrant meters, the rate shall be $2.45 per hundred cubic feet. (f) During the first and last billing cycle in which an account is active, the minimum monthly bill shown in this section shall be prorated for the number of days the account is active; the prorated daily charge shall be based on a 30 -day month. The amount charged in the first and last billing cycle for water consumed and the prorated minimum bill shall not exceed the charges for the same amount of water in a full billing cycle. (g) The current rate structure for raw water retail customers inside the corporate city limits is as follows: (1) Minimum bill, per month... $9.05 (2) Volume charge per 100 cubic feet for consumption.... $0.32 Retail treated and raw water customers outside the corporate city limits will pay two times the above rates. 8. Wholesale Water Rates Subsection (a) of Section 106 -127 of the Wichita Falls Code of Ordinances is amended to read as follows: (a) The following rates are approved for the indicated category of wholesale water customer and shall apply unless a contract expressly provides for fees to be charged or calculated in a different manner than as shown below: Category Per 1,000 Gallons Per 100 Cubic Feet Treated water transmitted (TWT) NA $2.6061 Treated water only (TWO) - -Sole source —SAFB: NA $1.8191 Treated water only (TWO) - -Sole source - -Iowa Park NA $1.5863 Raw water only (RWO) $0.2783 NA Raw water transmitted (RWT) $0.3206 NA 9. Sewer Rates Subsections (d) and (h) of Section 106 -251 of the Wichita Falls Code of Ordinances are amended to read as follows, with the new rates to be effective during the first full billing cycle after October 1, 2010, and thereafter: (d) Every retail user (residential and commercial /industrial) of sewer service shall pay a monthly minimum sewer charge in the amount of $7.24 for each full billing cycle in which an account is active. In the first and last billing cycle in which the account is active, the minimum monthly bill shall be prorated for the number of days the account is active; the pro -rated daily charge shall be based on a 30- day month. In addition to the minimum charge, each retail used shall pay a monthly sewer charge of $1.68 for each 100 cubic feet of water to be billed for sewer charges. (h) The rate for Sheppard Air Force Base sewer service shall be the same as prescribed above for commercial /industrial customers: $7.24 per month for the minimum bill and $1.68 per 100 cubic feet of water consumed. The minimum monthly bill of $7.24 is the factor "MB" in the contractually agreed formula for computation of the monthly SAFB sewer bill, and the charge of $1.68 per 100 cubic feet of water consumed is the factor "CW" in the same formula. 10. Transit System Fares The City Council finds that all required public hearings were held for the increase in these fares, and fares for the transit system are amended and established as follows: Adult Full Fare: Disabled, Elderly, Student Fare: Sheppard Express: Deviations: Transfer: Pass: Full Fare: 20 Rides with Transfers: Disable, Elderly, Student: 20 Rides with Transfers: $1.25 (includes 1 free transfer) $0.60 (includes 1 free transfer) $1.25 (includes I free transfer) $2.50 (includes 1 free transfer) $0.25 (two or more transfers) $22.00 (includes transfers) $10.00 (includes transfers) Monthly Pass (cannot be used for deviations) Regular Adult Fare: unlimited rides for 30 days from date of issue $40.00 Elderly, Disabled, Student: unlimited rides for 30 days from date of issue $20.00 College student pass for Midwestern State University, American Commercial College and Vernon College: $35 per semester /$70 per year. After complying with federal and state requirements for modifying fares, including the holding of all required public hearings, the City of Wichita Falls Director of Aviation, Traffic, and Transportation is authorized to amend the rates established and /or amended by this section of this ordinance. 11. Limited Codification The sections of this ordinance that specify they amend or add to the Code of Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said sections of this ordinance may be renumbered or relettered to accomplish such intention. Section 10 is not intended to be codified. 12. Emergency Declaration and Effective Date The City Council finds that the need for providing funds for the operation of the City and administering the fees established herein constitutes an urgent public need for the preservation of the peace, health and safety of property of the city, and declares that this is an emergency measure, which shall become effective on October 1, 2010, unless a different date is expressed herein. PASSED AND APPROVED this the 21St day of September, 2010. ATTEST: ity Clerk