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HomeMy WebLinkAboutORD 1279 - ORD Establishing & REEstablishing Fees and Charges for Goods & Services Provided by the City :IIIllI1 TIllnlTlIR,II~1 ."~I rr I. m"..,., ,.- - ',", _._~ ., 144 " ORDINANCE NUMBER 1279 AN ORDINANCE'ESTABlISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY;-' CONTAINING A PROVIS ION TO 'AUTHORIZE TH~ CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:' u Section 1. The City Council does hereby establish and reestablish the fees and charges shown in the attached Exhibit A, which is hereby incorporated into this ordinance,by this 'reference for all purposes. Section 2. Each of the fees and charges shown in the attached Exhibit A shall take effect immediately upon passage and approval of this ordinance except in the case of water, sewer and garbage services which are bille~ at month)y Qr other regular intervals, in which case the new rates and charges shall tak~ effect, as to each account, on the first day of the first billing period beginning on or after the date this o~dinance is passed and approved. Section 3. In the case of any activity, goods or services 0 provided by the City for which there is an out-of-pocket cost to the ; City, or for which a fee or charge has traditionally been collected, the City Manager is authorized to establish and reestablish fees and charges, but only in those circumstances in which a fee or'a charge is not prescribed in Exhibit A to this ordinance. In prescribing fees and charges, the City Manager shall first determine the cost to the City of providing the activity, goods or services, and the fees or charges established shall be as equivalent as practicable to such cost. Section 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 6. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, nil considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The 1 Comprehensive Plan, adopted March 9, 1987 :ti~'l (b) No heavy commercial or industria~ development of any type should be allowed. All uses should be consistent with close proximity to ~ingle-family residential neighborhoods and should be appropriately buffered" screened and regulated as to parking, height and density so as to minimize any detrimental 'impact on other land uses. SeeArticle I I of !;thi:s Plan' ,,' ': "i \ : '.,:'" ~ ;. .,. ; . '-" -: ..~ . (c ) Amorig the factorswh i ch 'may be re levant to ,the, type of, development appropri'ate to parti ctil arproperty on the Peripheral Streets shall include the, traffic ,flow on thePeriphera 1 Street ,any other negative characteristics of the Peripheral Street, the historic uses of property, uses of adjacemt,residential'properties (see Article II of this Plan), the size of the property, the ingress and egress to the property, the nature of deve 1 opmenton'thePer;,phera 1 Str.eet and other such factors. ,. . " (d) The City should make capitalcimprovementswhich will support and upgrade development of property along Peripheral Streets. The City should enact land use pollCi'es';Piritluding Planned. Development . Districts, which encourage development compatible with a City of Homes. .ARTICLE IV.. ,PUBLIC USE' Section 4-01. GENERAL POLICY. The City contains numero~s~~churches of various denominations as well as related facil ities (jncJudi,ng schools), facil ities for the YMCA, a public elementary school operated by the Houston Independent School Di strict, a 1 ibrary, ope'rated ,by, Harris- County' and.: vari bus buildings and public park facilities operated by the City. The City benefits:' from the'existence"of ttiese.fae:il itiesinthe. C'ity..; The City should continue to support:the'ir,existente.as facil itiesprimarily, serving the citizens of the City but also regulate any adverse!'effects on single-family residential neighborhoods. See, for example, Articles II and III of this Plan. ,,) '),'; ',." :-:"'1 - I, -, r .. r~. " ; J- ~ P" ,..,-: )' I., , .. t ,. Section 5-01. GENERAL POLICY. , I l' ,'.. . I r, ':-) j :... (~ c -, .~ *, The adequacy andefficiency:of,:the City'spubl ic servkes should be maintained and improved~'To the'maximuiri:extent:',perm;(tte<il-by law, no new development should be permitted within the City unless the public services needed to support the proposed development, including but not limited to water, sewer and streets, drainage structures and other utilities are in place. 4 - IT '! ,', "'-'"1.' . Ii ;'1 Id,,;. ""'i IUI1ir1; -!:.I.,'!:,m;awillllllillllJDc" . _1I"III"'JI1111l1T1rrr~ ,~.....,- ........,,-------- .--, . . .T 152 Comprehensive Plan, adopted March 9,~ 198Z Section 5-02. OPEN~PACE~ The deve lopmen't of open green space contri butes to the heal th, safety and well being of the citizens and inhabitants of the City. The City's existing parks should be 'maintained and improved"and the acquisition of additional parks and recreation areas should be encouraged. Support from the citi~ens,of..the City as well as publ ic minded corporatfons~ in addttion:tQ state and Federal funds, should be sought for park expansion and~,develot:>ment. Secti on: 5-03. TRAFFI'C AND, ROADWAYS. ' The existing'roadway'system"of,the City has adequate capacity. Repair and maintenance of the streets of the City should receive high priority. _Except in unusual circumstances, the capacity of the City's streetsshduld not-be increased~ ' . 1. . Section 5-04. CERTAIN INFRASTRUCTURE. Because much of the City's water, sewer and drainage system was installed many years ago, parts of the system have deteriorated. Failures and excessive repairs have become frequent, and the City should continue its program to repair, reconstruct and rehabilitate its vital infrastructure. u, "-'" -.. I' .', ." ART! CLE V I. AMENDMENTS Section 6-01." REVIEW BY"COMMISSION. 'This plan'should be'reviewed-by Zoning and Planning Commission periodically to determine if any amendments to this Plan are necessary or appropriate. .. .J Section 6-02. OTHER REQUESTS. Any resident or property owner desiring to initiate a change in thi s Pl an may submit a writtenre'quest to the Zoning & Pl anning Commission. The requesfsho'uld'speci'fy the exact language requested to be changed and the exact la'ngua~fe'~ ff 'any, requested to be added. The request should include a statement of reasons for the changes and reference materials that might support the changes. The request should also state wheth~r the initiator desires,to appear beforeth~'Zoning & Plannin'g Commission to dtscuss the, request. 5 il I I U ~l u II I I i I I I U t\.-iil 5 City Council ratifies, approves and confirms such notices and the contents and posting t~ereof. Section 7. The need to consider the fee schedule at the earliest possible date, with adequate prior notice being first duly given, creates an emergency requiring the suspension of the rule requiring the reading of ordinances at two regular meetings before final passage, and such state of emergency is hereby declared, and such rule is hereby suspended, so as to allow this ordinance to be read once, at this meeting, before final passage. . PASSED AND APPROVED ON FIRST AND FINAL READING this 2.3..tb day of February , 19~. Couricilmembers Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel, Thompson Councilmembers Voting No: None Councilmembers Absent: None Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary (SEAL) APPROVED AS TO FORM: James L. Dougherty, Jr. City Attorney 2 ",. ,I,Ll . ~ . ILlim~L" .c..;.c.... ,L.Uo:UIWlllmllll'lIallJ:' T