ORDINANCE NO C

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ORDINANCE NO. 2348 - C AN ORDINANCE OF THE CITY OF SAN BENITO, TEXAS AMENDING ORDINANCES NO. 2348, 2348-A & B AND PROVIDING A COMPREHENSIVE SCHEDULE OF FEES AND RELATED POLICIES AND PROCEDURES FOR BUILDING PERMITS, DEVELOPMENT; HEALTH INSPECTIONS VENDORS, ANIMAL CONTROL, FIRE, POLICE REPORTS, VITAL STATISTICS, PERMITS AND DOCUMENTS, LIBRARY FEES, FAXES,, PHOTO COPIES, MUNICIPAL COURT FINES, FACILITIES & GROUNDS FEES AND OTHER FEES AND POLICIES AS STIPULATED. BE IT ORDAINED BY THE CITY OF SAN BENITO WHEREAS,, the City of San Benito is a municipality and owns and operates es parks and certain facilities which are for the use by and for the benefit of the public; and WHEREAS,, the City of San Benito has the duty to maintain these parks and certain facilities in good od repair and to provide for the physical improvement of such parks and facilities; and WHEREAS,, the City of San Benito has the duty to ensure that all residents have access to such parks and facilities through an affordable and responsible manner; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF SAN BENITO TO HEREBY ADOPT THE FOLLOWING POLICIES AND PROCEDURES. SECTION 1: Ordinances No. 2348, 2348-A and 2348-B which have heretofore been adopted are hereby amended to enact provisions for a schedule of fees. SECTION 2: 2 Any person or family desiring disinterment of a body from the City of San Benito Cemetery must pay a fee to the City of San Benito. SECTION 3: 3 The City Commission of the City of San Benito hereby finds that the fees attached to this ordinance as Exhibit A are reasonable fees for the services provided and that the revised fee schedule attached to this ordinance as Exhibit A is hereby adopted. SECTION 4: While not limited to, this ordinance affects the following public parks: p Heavin Resaca Trail, W.H. Heavin Amphitheater and Memorial Park, San Benito Municipal Park, Falligant Park, Landrum Park, Valencia Park, Dick Welch Park and Plaza de San Benito Park and the following public facilities: San Benito Community Building & Auditorium, and San Benito Airport/Fairgrounds, Kennedy Pavilion, V. Glenn White Pavilion, Falligant Pavilion, and San Benito Municipal Pavilion, San Benito Municipal Sports (Baseball/Football) Fields, and San Benito Municipal Swimming Pool. SECTION 5: 5 All public parks are open and available for public use every day between the hours of 5:00 a.m. and 11:00 p.m. SECTION 6: Alcoholic beverages are not allowed on the premises of any of the public parks unless specified ed as allowable by this ordinance. SECTION 7: 7 When and where alcoholic beverages are allowed, the parties involved must have at least two (2) City of San Benito Police Officers present to provide for the safety of the public. SECTION 8: Rules and user fees for the use of the public parks and certain public facilities are hereby provided in this t Ordinance.

SECTION 9: Should the situation presents itself, where there is breakage and or damages to any of the City Parks and or City Facilities in which repairs exceed the amount of deposit the User will be billed for and become responsible for said expenses. a. Posted Rules: No alcoholic beverages unless Police Officers have been acquired No firearms No motorized vehicles No skateboarding No horses Bicycles for exercise use only Clean up after yourself and your pets All pets must be on a leash Children must have adult supervision Obey all City Park rules & ordinances SECTION 10: REPEAL OF ALL PRIOR ORDINANCES IN CONFLICT All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 11: This ordinance shall become effective on October 5, 2010 and after publication. SECTION 12: PUBLICATION The City Secretary of the City of San Benito, Texas is hereby authorized and directed to cause a true and correct copy of the caption c of this Ordinance to be published in a newspaper having general circulation in the City of San Benito, Cameron County, Texas. First Reading September 27,, 2010 Second Reading October 5, 2010 CITY OF SAN BENITO ATTEST: JACK GARCIA,, MAYOR LUPITA PASSEMENT, CITY SECRETARY 2

EXHIBIT A Technical Permit Fees Mechanical (a/c)(annual Registration) $150.00 Mechanical Permit $35.00 Addition Per Ton $5.00 House Mover (Annual Registration) $150.00 House Moving Permit $150.00 Pre-inspection Mobile or Home $150.00 Housing Moving Deposit Per Structure $200.00 Demolition Permit (Residential) $75.00 Demolition Permit (Commercial) $200.00 Demolition Deposit (Per Structure) $250.00 Electricians (Annual Registration) $150.00 Electrical Permits (Min. Per Permit) $30.00 Temporary Poles $25.00 Meter Service $35.00 Reconnect Residential $35.00 Reconnect Commercial $60.00 Working Clearance $40.00 Circuits Each $5.00 Contractors Plumbers (Annual Registration) $0 as per state law Plumbing Permits (Min. Fee) Per Permit $35.00 Rough-In Inspection $50.00 Slab Plumbing $100.00 Final Inspection $25.00 Per Fixture $3.00 Sewer Yard Line $25.00 Backflow Tester, Irrigation and Sprinkler Installers Contractors (Annual Registration) $150.00 Backflow Device (Verification Fee) $25.00 Irrigation, Backflow, Fire tap permits (Per Project) $50.00 Backflow test/maintenance Form Filing Fees (Per Test) $5.00 Regular Contractors (Annual Registration) $150.00 Self Contracting Homeowner (Per Project) $35.00 Gas Permits (Min.Fee) Gas Line & Repair $35.00 One To Four Outlets $25.00 Each Additional Outlet $10.00 Curb break (Per Curb Break) $50.00 Certificate of Occupancy $75.00 Preliminary Inspection/Plan Review $50.00 All Re-Inspection Fees 2 nd Inspection or More $100.00 Follow-Up/Compliance Inspection (Building/Planning & Zoning) $75.00 Fee Ordinance 2348-C 3

Planning & Zoning City of San Benito Zoning Ordinance $35.00 City of San Benito Subdivision Ordinance $35.00 Rezoning Application $200.00 Re-Notification for Rezoning $50.00 Subdivision Variance $50.00 Preliminary Plat $200.00 Final Plat $50.00 Conditional Use Permit Application $200.00 Re-Notification for Conditional Use Permit $50.00 Zoning Variance Application $200.00 Re-Notification for Zoning Variance Application $50.00 Application for Appeal ( Planning & and Zoning Commission) $200.00 Right-of-Way Abandonment Application (includes appraisal) $200.00 Park Settlement Fee (Multi-Family/Subdivision) 5% of land value Annexation Application $200.00 Recordation Fee (per document) $50.00 Research Fee $25.00 Verification Letters (Zoning & Flood Plain) $25.00 Site Plan Review $50.00 Zoning Map $25.00 City Map $25.00 11''x17'' Map $15.00 Flood Plain $20.00 Late Hours Permit $750.00 Annual Alcohol License Inspection $450.00 Field Check (Planning& Zoning) $25.00 Wet Certificate $10.00 BUILDING PERMIT FEES Construction Value $1000 or Less (No Fee Unless Inspection is Required Per Inspection) $40.00 $1001 to $50,000 (+$5.25 Each Add. Thousand or Fraction Thereof) $40 first $1K $50,001 to $100,000 (+$4.25 Each Add. Thousand or Fraction Thereof) $297.25 first $50K $100,001 to $500,000 (+ $3.25 Each Add. Thousand or Fraction Thereof) $505.50 first 100K $500,001and/or more (+ $2.25 Each Add. Thousand or Fraction Thereof) $1805.50 first $500K Fence Permit (new/replace/fix) whichever is greater $50 or 5% of cost Roof Permit (re-roofing/fix) whichever is greater $50 or.5% of cost 4

BUILDING PERMIT FEES Con t. Building Permit Extension (After first 6 months) $25.00 New Business Permit $150.00 Annual Renewal $50.00 Annual Fire Occupancy inspection $15.00 Fire Plan Review $25.00 Sprinkler/Alarm Renovation-Modification Review $25.00 Fire Alarm System Test $50.00 Under Ground Hydrostatic Test $50.00 Above Ground Hydrostatic Test (pressure check) $25.00 Drilling Permits $25.00 Street Sign, 24 or Less (New Subdivision Only) Actual Cost Street Sign, 24 or less w/pole Street Sign, 30 (New Subdivision Only) Street Sign, 30 w/pole Street Sign, 36 (New Subdivision Only) Street Sign, 36 w/pole Street Sign installation (New Subdivision Only) Relocation of Business Permit $150.00 Change or Replace of Business Name Permit $150.00 No Permit Prior to Construction/Penalty Fees Double Fees Carnival Operating Permit $500.00 Clean-Up Deposit Fee $500.00 Set-up Inspection Fee $100.00 HEALTH INSPECTIONS/CODE ENFORCEMENT FEES Restaurants/Convenience/Grocery $250.00 Public Cafeterias $250.00 Bars/Lounges $250.00 Meat & Seafood $250.00 Tortillerias $250.00 Day Care & Group Homes $250.00 Foster Home Inspection $125.00 Foster Home/Child & Adult Care Fire Inspection $10.00 Nursing Home/Health Care/ Hospital Fire Inspection $25.00 *THE ABOVE NOTE ANNUAL FEES* Follow-up/Compliance Health Inspection $75.00 Mobile Home Parks Operation Permit(2 inspections per year) $250.00 Liquor/Beer & Wine ½ Cost of State Mowing Fees (per lot up to ½ acre) $500.00 Every Half Acre Thereafter $50.00 Hood System Extinguisher Test (Trip/Suppression Test) $25.00 Burn Permit $25.00 Fee Ordinance 2348-C 5

HEALTH INSPECTIONS/CODE ENFORCEMENT FEES CON T. VENDOR FEES Seasonal Vendors Fee (1-4 days) $25 per day Seasonal Vendors Fee (5-14 days) $200.00 Non-profit/School function (Single Event) $35.00 Seasonal Sales (3 months consecutively) (<=5 booths) $150.00 Event Permit (<=5 booths) $100.00 Additional Fee per Booth $15.00 Produce Vendors (3 Months Consecutively) $100.00 General/Food Mobile Vendors (3 Months Consecutively) $100.00 $100 + $10 per Street Peddler/Door-to-Door Sales (1-4 days) person ANIMAL CONTROL Pickup Stray Dog or Cat $45.00 Shelter Fee (Per day) $15.00 Quarantine (10 days) 12.50 per day Adoption $25.00 Dog License $5.00 FIRE DEPARTMENT FEES Fire Reports $6.00 Bee Service Call $50.00 Fire Unit Detail (per event) $75.00 Police Vehicle Letter $30.00 Police Letter $30.00 Hunting Letter $15.00 Accident Report (State Mandate) $6.00 Accident Report (State Mandate - certified) $8.00 Offense Report $30.00 Incident/Miscellaneous Report $30.00 Fingerprints (per card) $25.00 Police Security (If Required - 2 Officers Minimum - 4 hrs.) $280.00 Each Additional Hour $70.00 Police Escort Transport Assistance (per unit per hour) $70.00 6

Vital Statistics Birth Certificate $23.00 Plastic Cover $2.00 Birth Certificate (wallet size) $23.00 Plastic Cover $1.00 Birth Certificate (Surcharge) $2.00 Death Certificate $21.00 Additional copies $4.00 Burial Transit Permits During business hours $25.00 Outside of business hours $50.00 Disinterment Permit $50.00 Burial Permits San Benito City Cemetery Resident $250.00 Non-Resident $500.00 San Benito Memorial Park Cemetery Resident *** Non-Resident *** Library Overdue Charges Per Day: Book $0.50 DVD $1.00 Test Material $1.00 Audio Cassettes $0.50 Video $0.50 Interlibrary Loan Materials $1.00 Certified Letter for Overdue Material $10.00 Damaged/Lost/Unreturned Material Video, Cassette, Book (plus price of purchase) $5.00 Barcode Labels $1.00 Interlibrary Loan Materials (determined by lender) Case Damage Video, Audio $2.00 Replace Library Card $5.00 Video Placed in Book Drop $1.00 Video Not Rewound $1.00 Interlibrary Loan Postage $2.50 Equipment Usage Black & White Printouts $0.25 Colored Printouts $0.50 Fax, 1st Page $3.00 Fax, all other pages $2.00 Microfiche/Film Reader $0.25 Fee Ordinance 2348-C 7

LIBRARY FEES CON T. Library Conference Room Rental: 1/2 Room Per 1/2 Day $50.00 1/2 Room Per 1 Day $100.00 Large Room Per 1/2 Day $75.00 Large Room Per 1 Day $150.00 Clean-Up Deposit $50.00 Administration Copies (Per Page) $0.25 Fax, 1st Page $3.00 Fax, all other pages $2.00 Code of Ordinance Copy $175.00 City Budget Copy $40.00 City Charter Copy $10.00 Audit $40.00 Municipal Court Certified Copies of Official Documents $10.00 Violation Fees Right of Way Violations (ran stop sign, red light, improper turns, fail to Yield right 168.00 of way, unsafe lane change, fail to drive in single line Illegal U Turn (Ordinance#868) 168.00 Driving on the wrong side/wrong way on one-way 168.00 Following too closely 168.00 No operator s license 167.00 Unrestraint child 207.00 Unrestraint driver 157.00 Unapproved window coating 167.00 MVI sticker invalid 142.00 Registration Invalid 109.00 All defective equipment 142.00 Fictitious MVI Sticker 142.00 Fictitious Registration Sticker 142.00 Driving without headlights 142.00 Curfew/Loitering (city ord.) 179.00 Leash Law (city ord.) 129.00 Handicapped parking violation 99.00 Parking violation: Imp. Parking, No Parking Zone, parking after hours 95.00 Loud music (city ord.) 179.00 Maximum Speed Requirement: Fail to control speed 168.00 Racing on highway Contesting for Speed Exhibition of Acceleration 213.00 Overtaking/Passing School Bus 358.00 8

MUNICIPAL COURT FEES CON T. Cell Phone Use in School Zone 200.00 No proof of liability Insurance 269.00 Accident involving damage to vehicle 313.00 Public Intoxication/Assault 279.00 Discharge of Firearms 279.90 DUI Class C 312.00 Disorderly Conduct/Theft 279.00 Possession of Drug Paraphernalia 312.00 Failure to Identify 279.00 Minor in possession alcoholic beverage 279.00 Scofflaw fees (License plates renewal) 10.00 Facility And/Or Ground Fees Police Security (If Required - 2 Officers Minimum - 4 Hrs.) $280.00 Each Additional Hour $70.00 Key Deposit $30.00 After Hours Service Call $100.00 Clean-Up Deposit $250.00 Lighting Usage Per Hour (Per Field/Facility) $15.00 *NOTE: All damages shall be assessed and applied separately* Stookey Park Pavilion: Daily Rental $250.00 w/ Caboose additionally $200.00 Stookey Park Pool: Hourly Rate $100.00 Life Guard Per Hour $25.00 *NOTE: Minimum of 3 Life Guards + 1 For Every 20 individuals beyond 60* Stookey Park Soccer/Football Fields: Large Field Daily Rate $250.00 Small Field Daily Rate Per Field $150.00 w/ Concession Facility (additional) $100.00 Stookey Park Baseball Fields: Small & Medium Fields Daily Rate Per Field $150.00 Large & Full Size Fields Daily Rate Per Field $250.00 w/ Small Concession Facility (additional) $100.00 w/ Large Concession Facility (additional) $200.00 w/ Meeting Room (additional) $100.00 Stookey Park Batting Cages $150.00 Fairground: Neuman Building (15,000 sq.ft. @ $0.10/sq.ft.) $1,500.00 Judging Area (4,070 sq.ft. @ $.10/sq.ft.) $407.00 Livestock Barn (15,000 sq.ft. @ $.10/sq.ft.) $1,500.00 Vacant Land Per Acre $100.00 Fee Ordinance 2348-C 9

FACILITY AND/OR GROUND FEES CON T. Fairground: Major Event/Concerts 10% of Ticket Sales Fenced Arena $250.00 NOTE: All Fees for Fields and/or Fairgrounds above are daily rates per event Community Building: First 4 Hours $350.00 Each Additional Hour $75.00 Kennedy Park Pavilion: Regular Day $100.00 Special Event/Holiday $150.00 Falligant Park Pavilion: Regular Day $100.00 Special Event/Holiday $150.00 Glenn White Park Pavilion Regular Day $100.00 Special Event/Holiday $150.00 Amphitheatre: Regular Day $300.00 Special Event/Holiday $500.00 All Other Facilities/Parks Not Mentioned @ $.10/sq.ft. of Area Usage To include, but not limited to: Plaza de San Benito, Landrum Park 10