Ord 2013-027/Revising the Building Permit Fee Schedule

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ORDINANCE NO. 2013-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, REVISING THE BUILDING PERMIT FEE SCHEDULE PREVIOUSLY ADOPTED BY ORDINANCE NO. 2013 -04 BY SETTING A MAXIMUM FEE OF $3,000 PER PROJECT FOR DECK, PATIO, AND ROOF PROJECTS; MAKING THIS CHANGE RETROACTIVE TO JANUARY 1, 2013; AUTHORIZING THE CITY MANAGER TO REFUND BUILDING PERMIT FEES PAID ON AFTER JANUARY 1, 2013 IN EXCESS OF THE $3,000 PER PROJECT LIMIT SET BY THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: Pursuant to applicable provisions of State law and City ordinances, the City Council may establish fees to be charged for various City services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The City Council hereby adopts an amendment to the permit fee schedule approved by Ordinance No. 2013 -04 on February 19, 2013. Under the schedule of Miscellaneous Fees, the line item for Decks, Patios, and Roofs is revised to read as follows: "Decks, Patios, and Roofs: Scents /sq ft ($25min.)(max. $3,000 /project). SECTION 2. All other fees set by Ordinance No. 2013 -04 remain in full force and effect. SECTION 3. The $3,000 maximum permit fee for deck, patio, and roof projects adopted by this ordinance is retroactive to January 1, 2013. The city manager is authorized and directed to refund fees paid on or after January 1, 2013 in excess of the per project maximum for such projects. SECTION 4. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 5. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. To the extent the provisions of any ordinance provide for establishment of a fee or fees by resolution of the City Council, such provisions are superseded by this ordinance and the fees as adopted in this ordinance shall govern. SECTION 6.. This ordinance will take effect immediately after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on June 4, 2013.