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02/21/2017-CC-Agenda Packet-Work SessionSG(A getc *TEXAS AGENDA CITY COUNCIL WORK SESSION TUESDAY, FEBRUARY 21, 2017 6:00 PM 502 ELM STREET SANGER, TEXAS 1. Call Meeting to Order. 2. Discuss Amending the Code of Ordinances By Adopting Enactment of Chapter 15 "Parks and Recreation" And, Repealing All Ordinances in Conflict. 3. Discuss Ordinance #02-08-17 — Amending Appendix A "Fee Schedule" of the Code of Ordinances Article 4.000 "Utility Related Fees" By Amending Sections 4.306, 4.307, 4.403; and Amending Article 7.000 "Park and Recreation Fees" by Adding Sections 7.900 and 7.1000. 4. Overview of Items on Regular Agenda. 5. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the eneral public at all times, and said notice was posted on the following date and time: at /12,!e�)6 a.m. and shall remain posted until meeting is adjo ned. Cheryl r' , City Secretary City of Sanger, Texas = J J/Illlilltit�t This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. le Cheryl Price From: Mike Brice Sent: Wednesday, February 15, 2017 7:45 AM To: Cheryl Price Subject: FW: Ord Changes Attachments: Changes Made JLB02142017.docx; Chapter 15 Parks and Recreation Amended JLB02142017.docx; Chapter 15.2 Park Board Amended JLB02142017.docx; Chapter 15.3 Keep Sanger Beautiful Board Amended JLB02142017.docx; Chapter 15.4 Trees in Public Spaces Amended JLB02142017.docx; Chapter 15.5 Sanger Park Dedication Amended JLB02142017.docx I get with you in a minute on this Mike Brice, Sanger City Manager From: Jim Berman Sent: Tuesday, February 14, 2017 1:18 PM To: Mike Brice <MBrice @sangertexas.org> Subject: Ord Changes Mike, There are some recommended changes to the City code of ordinances as it relates to parks and recreation that we might want to address. It is recommended that at this time we establish a chapter dedicated to Parks and Recreation and move all associated ordinances to that chapter and remove or update any ordinances that need to be. I have found the following ordinances that fall within the purview of parks and recreation department; 1.) Chapter 1 Article 1.400 Parks and Recreation (Change: Make Chapter 15 Article 15.100 Parks and Recreation) 2.) Chapter 1 Article 1.100 Activities of Stephen Baker Field Regulations (Changes: Repeal, I can't determine the need for this regulation) 3.) Chapter 1 Article 1.1100 Trees in Public Spaces and Right -of -Ways (Changes: Move to Chapter 15 Article 15.400 Trees in Public Spaces and Right -of -Ways, and change 15.403(a)&(b) public works director to parks and recreation director) 4.) Chapter 9 Article 9.300 Park Board (Changes: Move to Chapter 15 Article 15.200 Park Board; change the number of board members from (7) to (5) which will change the number of members needed for a quorum to (3) members; Delete Ex Officio Members, add a removal process for members) 5.) Chapter 9 Article 9.500 Keep Sanger Beautiful Board (Changes: Move to Chapter 15 Article 15.300 Keep Sanger Beautiful Board; Delete Ex Officio Members, Amended the appointment to the board to reflect that the Parks Board serves in that capacity; updated the powers and duties of the ,oard) 6.) Chapter 9 Article 9.600 Sullivan Senior Center Board (Changes: Repeal, I can't determine the need for this board. This board is not filled at this time, and the parks board would by ordinance serve the needs of the senior center) 7.) Chapter 10 Section 6.18 Park; Open Space; Recreation Areas & Public use Dedication (Changes: Move to Chapter 15 Article 15.500 Park Land Dedication; the current ordinance is currently buried in the Sub - Division ordinance, It also contains language that is confusing with regard to how to assess the fees and when to collect them. The current fee is disproportionate a new fee schedule is proposed. We also propose to change the minimum acreage we will except in lieu of fees. Removed the playground section because that involves development fees which we are not requiring) Think this covers the changes that we have discussed. James (Jim) Berman, CPM,CPRP,CSFM,C.P.S.M. Parks and Recreation Director City of Sanger, Parks and Recreation "Committed to Exceeding your Expectations" P.O. Box 1729 (940) 458-2059 Office (940) 458-4072 Fax Cl�- 19' e/t. kTEXAS ORDINANCE #02-07-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADOPTING ENACTMENT OF CHAPTER 15 "PARKS AND RECREATION", CREATING ARTICLES 15.100-15.500, AND RELATED SECTIONS; REPEALING IN ENTIRETY THE FOLLOWING ARTICLES: ARTICLE 1.400 PARKS AND RECREATION; ARTICLE 1.100 ACTIVITIES OF STEPHEN BAKER FIELD REGULATIONS; ARTICLE 1.1100 TREES IN PUBLIC SPACES AND RIGHT-OF-WAYS; ARTICLE 9.500 KEEP SANGER BEAUTIFUL BOARD;, ARTICLE 9.600 SULLIVAN SENIOR CENTER BOARD; SECTION 6.18 OF CHAPTER 10 SUBDIVISION REGULATION, OPEN SPACE, RECREATION AREAS & PUBLIC USE DEDICATION; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Sanger, Denton County Texas, be and the same is hereby amended by repealing in entirety the following Chapters and Articles: Article 1.400 Parks and Recreation; Article 1.100 Activities of Stephen Baker Field Regulations; Article 1.1100 Trees in Public Spaces and Right -of -Ways; Article 9.500 Keep Sanger Beautiful Board; Article 9.600 Sullivan Senior Center Board; Section 6.18 of Chapter 10 Subdivision Regulation, Open Space, Recreation Areas & Public Use Dedication; And, Adopting Enactment of CHAPTER 15 "PARKS AND RECREATION", creating Articles 15.100-15.500 and related Sections; in full, as follows: CHAPTER 15 PARKS AND RECREATION* ARTICLE 15.100 RULES AND REGULATIONS Sec.15.101 Definitions The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. Athletic Field/Facility. A field or combination of fields designated by the parks and recreation department to facilitate games and/or practice activities. City Park and Recreation Area(s). All of the territory within the boundaries of such areas, and includes the portions of such areas used for the parking of vehicles. Enter or Entry. The intrusion of the entire body. Facilities. Properties and/or improvements owned, leased or otherwise controlled by the parks and recreation department which includes, but is not limited to, recreation centers, swimming pools, tennis center clubhouse, golf course clubhouse, outdoor learning center, senior citizens center, museums, community centers, tennis courts, basketball courts, golf courses, recreation fields, picnic areas, open air pavilions, and amphitheaters. Lem. A group of athletic teams organized to promote mutual interests and to compete chiefly among themselves. Notice. An oral or written communication by the city manager; the director of parks and recreation department or any authorized parks and recreation department personnel, or the chief of police or any police officer. Special Event. Any event, activity or program that operates wholly or partially within the city which may require the use of or assistance from the parks and recreation department, police department, fire department, or any other public service department. Tournament. A sporting event made up of a series of games, rounds, or contests between multiple teams. Sec. 15.102 General Authority (a) The city shall have and shall exercise power to control all activities and hours of access by the public to all city parks and recreation areas in order to protect and maintain the public health, safety, and welfare. Opening and closing hours of each city park and recreation area shall be posted. The city parks and recreation areas shall be under the direct supervision of the director of the parks and recreation or his designee ("director"). (b) The city's police department is charged with the responsibility of supervising and maintaining law and order in all of the city park and recreation areas in order to protect and maintain the peace, health, safety, and welfare of the public. In order to carry out this provision, the police department, and any of its officers shall have the authority to make any lawful arrests for violation of any state or local law. Sec. 15.103 Hours of Operation (a) All city parks and recreation areas shall be open daily to the public between 6:00 a.m. and 10:00 p.m. Each city park and recreation area shall be closed to the public from 10:00 p.m. to 6:00 a.m. and also as otherwise closed by orders of the director for the purpose of rehabilitation, cleaning, general supervision, or to protect the health, safety, and welfare of the public. (b) It shall be unlawful for any person to enter, loiter, or remain within any city park and recreation area between the hours of 10:00 p.m. and dawn, except as provided for in this section, which exceptions shall constitute an affirmative defense to violations of this section. The provisions of this section shall not apply to: (1) Persons whose presence is authorized pursuant to a written city permit or agreement. (2) Persons participating in or attending events, activities, or programs previously approved or scheduled by the parks and recreation department and remaining in the locale until the event, activity, or program has concluded; or (3) Persons possessing a permit to camp in those areas duly designated for such activities by the director. (c) Motor vehicles found in a city park and recreation area between the hours of 10:00 p.m. and 6:00 a.m. shall be subject to removal and impoundment in accordance with Section 8.106, provided, however, that this provision shall not apply to motor vehicles in possession of persons whose presence is allowed under one of the exceptions in subsection (b) above. Sec. 15.104 Responsibility for Minor Children (a) It is unlawful to permit a child or ward to violate any of the rules and regulations specified by this article when such child or ward is under the age of 17. (b) To fail, as a parent or other adult who has assumed parental or supervisory control over a child, to adequately supervise a child to prevent the child fiom engaging in any unlawful act within a city park. As used in this subsection, a "child" is any person under the age of seventeen (17) years. It shall be a defense to prosecution under this subsection that the parent was not physically present in the park at the time of the offense. In the prosecution of an offense under this subsection, no allegation or proof of intent is necessary, and it is the intent of the governing body of the city that this shall be a strict liability offense. Sec. 15.105 Minors, Camping It shall be unlawful for a person under the age of 17 to remain within any city park and recreation area during closing hours, except as follows: (a) The person is accompanied by a parent or legal guardian; (b) The person furnishes to the director a written consent of their parent or legal guardian, which shall include the parent or legal guardian's full name, residence, telephone number and date; (c) The person is part of a group which is supervised during those hours by at least one responsible adult for each 15 persons under the age of 17; or (d) Married couples. Sec. 15.106 Miscellaneous Provisions (a) All refuse, trash or other material created through the use of the parks shall not be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where provided, and if not provided all such rubbish, trash or waste shall be carried away from the park by the person responsible for its presence and properly deposed of elsewhere. (b) It shall be unlawful within any city park and recreation area for a person to: (1) Pick, pull, pull up, tear up, dig up or out, mutilate, break, bruise, injure, burn, remove, carry away, or destroy any tree, shrub, plant, vine, flower, moss or vegetation, or portion thereof including, leaf, mold, foliage, berries, fruit, grass, turf, humus, cones, dead or downed wood, except by prior written approval issued by the director for scientific, educational or maintenance purposes; (2) Mark, deface, disfigure, injure, tamper with or displace or remove any buildings; bridges; tables; benches; fireplaces; railings; paving or paving material; water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent; monuments, stakes, posts or other boundary markers; or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal; (3) Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters; (4) Bring in the park to dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rock, rubbish, waste, wood, garbage, refuse or other household or commercial trash, containers, equipment or appliances. Bring in or dump, deposit or leave any noxious, hazardous or flammable materials or substances, either solid or liquid, on park property; (5) Light, build or maintain a fire except in clearly designated fire rings, pits or grills. However, fires are strictly prohibited where extreme fire hazard conditions exist, and such conditions have been posted. Notwithstanding the previous regulations, portable camp stoves may be used in designated campsites or picnic areas; (6) Hit a golf ball in a park except in areas designated by the parks and recreation department; (7) Take any fish or other aquatic life from park water areas. Fishing is catch and release only. All nets and seines are prohibited; (8) Use water balloons, pinatas, and cascarones (all prohibited); (9) Climb trees; (10) Gamble; (11) Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are set forth in this chapter or may be hereafter adopted; (12) Cause and maintain noise and sound levels of groups, individuals, radios, or any sound equipment at a level considered to be a nuisance as deemed by the director or any other city employee; (13) Use or speak any threatening, abusive, insulting or indecent language in any of the public parks; and no person shall commit in any such parks any obscene, lewd or indecent act or create any nuisance; (14) Disturb in any manner any picnic, meeting, service, concert, exercise or exhibition; (15) Distribute, post, place or erect any advertising handbill, circular, billing notice, paper or another advertising device without prior permission of the city; (16) Hitch, fasten, lead, drive or let loose any animal, reptile or fowl of any kind, except in designated areas; (17) Ride or drive any horse or another animal, except in designated areas; (18) Possess any fireworks, explosives or similar devices or substance capable of explosions, or to discharge, ignite, set off any such device or substance, except with written permission of the director; shooting exceptions, starting pistol Section 8.402(3) starting pistol; (19) Engage in any commercial venture including offering to sell any goods, wares, merchandise or food, or render any service for hire or to solicit funds or donations of any item; or to distribute written material without the written permission of the director; (20) Appear in a state of nudity; (21) Operate or use a metal detector without the written permission of the director; (22) Smoke or use tobacco products (Section 8.809 of this code); (23) Possess or consume any alcoholic beverage on any park or athletic field in the city, including all areas or structures within the boundaries of any park or athletic field within the city (Article 8.200 of this code); (24) Possess any glass container within any city park or athletic field in the city, including all areas or structures within the boundaries of any park or athletic field within the city; (25) Sell or offer for sale any food, drinks, confections, merchandise or services unless and for a duration of time approved by the city; (26) Practice, carry on, conduct or solicit for any trade, occupation, business or profession or to circulate any petition of whatsoever kind or character without approval of the city; (27) Use the restrooms and washrooms designated for the opposite sex if over the age of six years; (28) Use any remote -controlled or radio -controlled aiiplane or another aeronautical device, unless with the approval of the director of parks and recreation. Sec. 15.107 Special Events, Uses, Programs (a) The director is authorized to require and issue permits for the reservation and temporary use of the city park and recreation areas. Permits shall be granted unless the intended use would result in a scheduling conflict; traffic congestion; damage to property or landscaping; could threaten the public's or city park and recreation area user's health, safety or welfare; or be inconsistent with the protection and preservation of wildlife. The director shall be authorized to establish written guidelines not inconsistent with the terms of this code for the reservation and use of all city park and recreation areas and for the issuance of camping permits. Permits issued shall be conditioned on compliance with state laws, this chapter, other applicable requirements set forth in this code and such guidelines as may be established and promulgated under this chapter. The granting of such permits shall not constitute a waiver, exception, or defense to the violation of any other applicable law or ordinance. (b) It shall be unlawful for any person to conduct or to participate in any organized assembly or public participation event except pursuant to a permit issued by the director. (c) Any club, organization or business holding a special event, tournament, or program shall provide the city with a copy of liability insurance for 1 million dollars listing the city as additionally insured. (d) No fees may be waived without the consent and approval of the city council. (e) It shall be unlawful for any person to enter into or remain in an area or facility for which a public use limit has been established when such action will have the effect of exceeding the established limitations. (f) Park reservations must be made at least 48 hours prior to the event. Special events must be made 60 days prior to the event. See.15.108 Animals It shall be unlawful within any city park and recreation area for a person to: (a) Bring into or possess a pet or other domesticated animal, unless the animal is properly secured by a leash not exceeding ten feet in length, or confined to a vehicle or camping structure, or to permit said animal to enter into or remain in a city park and recreation area unless so secured; (b) Permit any pet or domesticated animal to remain unattended or to create a disturbance or hazard; (c) Permit any pet or domesticated animal, except those trained to assist a person with a disability, to enter into or remain in any building or enclosure designated for public use including a cabin, lodge room, restroom, shelter, dining hail, amphitheater or administration building; (d) Permit any pet or domesticated animal to enter the water of a designated swimming area or to permit said animal, except those trained to assist a person with a disability, within the land or beach area adjacent to the water of a designated swimming area; (e) Bring into, permit to range or release into a park and recreation area a wild animal, pet, fowl or livestock; (e) Possess a noisy, vicious or dangerous animal or one which is disturbing to other persons; (g) Ride, drive, lead or keep a saddle horse, except in designated areas; (h) Ride a saddle horse in a manner that is dangerous to a person or another animal; (i) Allow a saddle horse to stand unattended or insecurely tied; or 0) Hitch a saddle horse to a tree, shrub or structure in any manner that may cause damage. Sec.15.109 Wildlife It shall be unlawful within any city park and recreation area for a person to: (a) Harm, harass, disturb, trap, hunt, confine, catch, possess or remove any wildlife, or portions of wildlife except by permit issued by the director; (b) Release any fish into the waters except as authorized by the director (not including fish caught within a city park). ARTICLE 15.200 PARK BOARD Sec.15.201 Creation There is hereby created a municipal park board for the purpose of making recommendations to the city council concerning improvements and management in its respective areas of interest. Sec.15.202 Members The park board will consist of five (5) members who shall be appointed by city council. Sec. 15.203 Qualifications of Board Members Members of the park board shall have the same qualifications as are required for membership on the city council. Sec. 15.204 Terms of Office (a) Members shall serve from July 1 of the year of appointment for staggered terms of two (2) years, and may be appointed to three (3) successive terms of office. The members of the park board shall be identified by place numbers one (1) through five (5). The even -numbered places shall expire in even -numbered years and the old -numbered places shall expire in the odd - numbered years. Newly appointed members shall be installed at the first regular park board meeting after their appointment. (b) The park board shall hold an annual organization meeting each year and shall elect a chairman, vice-chairman and a secretary from among its own membership. Any three (3) of the regularly appointed members shall constitute a quorum. The board shall determine its own rules and order of business and meet as needed. All meetings shall be open to the public and shall be conducted under the Texas Open Meetings Act, Article 6252-17 and a permanent record of proceedings maintained. Sec.15.205 Removal The members of the park board shall be subject to removal from office by the city council, upon a majority vote, for any cause deemed sufficient for their removal, in the interest of public service. Regular attendance at the board meetings is required of all board members. The following number of absences shall constitute the basis for replacement of a member. Three (3) consecutive absences from meetings of the board shall cause the position to be considered vacant. In addition, the position of any board member who has four (4) absences in a twelve (12) month period shall also be considered vacant. Sec. 15.205 Powers and Duties of Park Board (a) The board shall serve as a consulting, advisory and supervisory body to study and recommend policies relating to the operation, promotion, enlargement, future planning and such other matters involving city parks as may be referred to it by the city council. (b) The board will also sever as the keep sanger beautiful board as well as the sanger public tree advisory board. (c) All actions recommending expansion of the park system and the malting of additions and betterments thereto or extensions thereof and the fixing of rates and charges for services shall be submitted to the board for review and recommendation to the city council. (d) The board shall submit annually to the city administrator, not less than one hundred twenty (120) days prior to the beginning of the budget year, a list of recommended capital improvements, which in the opinion of the board ought to be constructed during the forthcoming five (5) year period. Such list shall be arranged in order of preference with recommendations as to which projects should be constructed in which year. ARTICLE 15.300 KEEP SANGER BEAUTIFUL BOARD Sec. 15.301 Purpose and Intent (a) To serve as an educational, advisory, and a coordinating board through which business and industry, government, and public and private organizations may work together to prevent pollution, to ensure clean, attractive neighborhoods, beautiful highways, parks, beaches, and well -kept historical shrines and monuments. (b) To encourage the preservation of Sanger's natural beauty and environment through programs of public education with emphasis on the prevention of litter and proper solid waste management, including proper disposal and recycling. (c) To develop among residents of Sanger a pride in their community and their state, and to emphasize the benefits of a clean, healthful and beautiful community. (d) To encourage and assist in developing voluntary community improvement through enlightened leadership, thereby creating an appreciation for the city through good citizenship. Sec. 15.302 Establishment of the Keep Sanger Beautiful Board The Keep Sanger Beautiful board shall be composed of the then -seated members of the Sanger Parks Board. Additional duties of parks board members, pertaining specifically to the Keep Sanger Beautiful board include the following. Sec. 15.303 Power and Duties of the Keep Sanger Beautiful Board (a) The board shall serve as a consulting, advisory and supervisory body to study and recommend policies relating to the operation and promotion of beautification efforts as outlined in the Keep Texas Beautiful Program. (b) Submit an annual application to renew the City of Sanger's standing within the Keep Texas and Keep America Beautiful organizations. (c) The board shall submit annually to the city manager, not less than one hundred twenty (120) days prior to the beginning of the budget year, a list of recommended capital improvements, which in the opinion of the board ought to be constructed during the forthcoming five-year period. Such list shall be arranged in order of preference with recommendations as to which projects should be constructed in which year (d) Other duties that may be assigned by the city council. ARTICLE 15.400 TREES IN PUBLIC PLACES AND RIGHTS -OF -WAY Sec. 15.401 Purpose and Intent There is hereby created and established a public tree care ordinance to provide the city with legal authority over the care of all trees, plants and shrubs located within city owned and controlled property, public rights -of -way, parks and other public places, which will aid in the establishment of a municipal landscape program and will enhance the public health, safety and beauty of the city. See.15.402 Oversight The city manager shall have oversight authority and responsibility for the implementation of the public tree care ordinance. Sec. 15.403 Care of Public Trees and Private Trees Creating Hazard to Public Safety, Health and Welfare (a) The parks and recreation director shall administer the operational aspects of the public tree care ordinance, including for example, responsibility for tasks such as planting, pruning, maintaining and removing trees, plants and shrubs within the public right-of-way of all city streets, alleys, avenues, lanes, squares, parks, and public grounds owned or controlled by the city, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such city owned or controlled public grounds. (b) The parks and recreation director, in compliance with the city council's approved policy, process and procedures for such work, including obtaining permission and a release to access and perform work from the owner of property upon which hazardous trees are located, may remove or prune a tree on private property which threatens the safety, health and welfare of members of the public who may use a city street, sidewalk, park or public right-of-way. Additionally, in accord with the city council's approved policy, process and procedures for such work, the public works director shall have the right to prune or remove a tree or shrub that obstructs the view of any traffic sign, street light, or security light, when it is determined that the tree or shrub in its existing condition creates a safety hazard for those that may use the city's streets or rights -of -way. (c) No person shall remove, prune, destroy, or cause the removal, pruning or destruction of a tree, shrub or plant located on city property, including those located in any city park, without first having obtained written permission for such removal, pruning or destruction from the public works director or his/her designee. (d) It shall be unlawful for any individual, organization or entity to attach any cable, wire, rope, sign or any other object to any tree, plant or shrub located on city property, including those in city parks, without written permission from the public works director, or his/her designee. Sec. 15.404 Establishment of a Public Tree Advisory Board (a) Membership. The public tree advisory board shall be composed of the then -seated members of the Sanger Parks Board. Additional duties of parks board members, pertaining specifically to the public tree care ordinance, include the following. (b) Duties. (1) Promote the protection of healthy trees on public property; (2) Coordinate and promote "Arbor Day" activities; (3) Develop public awareness and education programs relating to trees in the Sanger community; (4) Review city department and public concerns relating to tree care on the city's public property; (5) Consult with the state forest service for advice on protection of existing native or established trees and/or the planting of new "native" trees; (6) Submit an annual application to renew the "Tree City USA" designation, with the permission of the city council; and (7) Other duties that may be assigned by the city council. ARTICLE 15.500 — PARK LAND DEDICATION Sec 15.501 Purpose and Intent This Section is adopted to provide recreational areas in the form of neighborhood and community park facilities as well as community open spaces as a function of subdivision and site development in the City of Sanger and its Extra -Territorial Jurisdiction (ETJ). This Section is enacted in accordance with the home rule powers of the City of Sanger granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212 as may be amended from time to time. It is hereby declared by the City Council that recreational areas in the form of neighborhood and community parks as well as open spaces are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood and community parks as well as open spaces is by integrating such requirements into the procedure for planning and developing property or subdivisions in the City and its ETJ. Neighborhood, Community Parks and Open Spaces are those providing for a variety of outdoor recreational opportunities and located within convenient distances from a majority of the residences to be served. Neighborhood, Community Parks and Open Spaces areas established by the Sanger Parks and Recreation Department and shown on the official Parks and Recreation map for the City of Sanger shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of neighborhood parks should be borne by the landowners of residential property who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Typically, the landowner of a proposed residential development is the developer. Therefore, the following requirements are adopted to affect the purposes stated above Sec 15.502 Applicability This Section applies to a landowner who develops land for residential use located within the City or within its extraterritorial jurisdiction. Sec 15.503 General Requirements The City Manager or his designee shall administer this Section with certain review, recommendation and approval authorities being assigned to the Planning and Zoning Commission, the Parks and Recreation Advisory Board and various City departments as specified herein. Generally, the developer of residential property must address the following requirements pursuant to this Section: dedication of land for neighborhood, community or open space use or payment of a fee in lieu thereof, dedication of land. Requirements herein are based on actual dwelling units for an entire development. Increases or decreases in final unit count may require an adjustment in fees paid or land dedicated. If the actual number of dwelling units exceeds the original estimate, additional park land or fees may be required in accordance with the requirements in this Section. The schedule of fees and required land dedications is attached hereto as the fee schedule and incorporated and made a part of this Section for all purposes. The identification of park areas for neighborhood parks is as shown on the City's Recreation, Park and Open Space Master Plan referenced herein and incorporated by reference. Sec 15.504 Land Dedication a) The amount of land to be dedicated for neighborhood, community parks and open spaces shall be as set forth in the fee schedule. The total amount of land dedicated for the development shall be dedicated to the City in fee simple: (1) Prior to the issuance of any building permits for multi -family development; (2) Concurrently with the final plat for a single phase development; (3) For a phased development the entire park shall be either platted concurrently with the plat of the first phase of the development; or (4) The developer may provide the City with financial security against the future dedication by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres park land required and in a form acceptable to the City. The amount of the financial guarantee shall be the amount of fee in lieu of land dedication as set forth in the fee schedule. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required parkland. b) For development located within the extraterritorial jurisdiction of the City, the dedication requirements of this Section may be met through the creation of private parkland in the same amount required as set forth in the fee schedule provided the developer enters into a written agreement that all such private parkland be dedicated to the City at the time of full purpose annexation into the City and provided that any plat related to such development, is inscribed with a notation regarding same. Sec 15.505 Fee in Lieu of Land In lieu of dedicating park land for neighborhood, community parks and open spaces, a developer may request to meet park land dedication requirements, through payment of a fee in lieu thereof in the amounts set forth in the fee schedule. Such fees shall be due at the same time as fees are due for final platting or for issuance of a building permit, whichever occurs first. See 15.506 City Final Approval The City shall have the final authority in determining how much, if any, land or fee may be accepted in lieu of required land dedication. The City may, from time to time, require that a fee be submitted in lieu of land dedication in amounts as set forth in the fee schedule for either, both, some or all of neighborhood park land or community park land dedication or open space dedications. Likewise, the City may, from time to time, require that land be dedicated in amounts as set forth in fee schedule and that no fee in lieu of land will be accepted. Sec 15.507 Approval Process for Park Land Dedication a) Dedications of less than five (5) acres for public parks purposes is impractical. Therefore, if fewer than 50 dwelling units are proposed the developer/landowner shall pay a fee in lieu of dedication of land. The only time a land dedication of less than five (5) acre will be considered is when the land can be added to an existing park. b) For any proposed required neighborhood, community park, and open space land dedication equaling or exceeding five (5) acres of land or equaling or exceeding payment of a fee in lieu thereof containing floodplain or greenway, the landowner must: (1) Obtain a recommendation from the Parks and Recreation Advisory Board, and (2) In making its decision, the City Council may choose to submit such application to the Parks and Recreation Advisory Board for its recommendation. In such event, the City Council shall consider such recommendation but may make a decision contrary in accordance with the criteria set forth herein. Sec 15.508 Submitting Fee Any fees required to be paid pursuant to this Section shall be remitted: a) Prior to the issuance of any building permits for multi -family development; or b) Upon the submission of each final plat for single-family, duplex or townhouse development Sec 15.509 Use of Fees Fees may be used only for the acquisition or development of park facilities to which they relate. For fees in lieu of neighborhood, community parks and open space land dedication may only be used for purchase and/or development of neighborhood parks located within such a convenient distance from any residence located within the same area as the development. Sec 15.510 Reimbursement for City Acquired Park Land The City may from time to time acquire land for parks in or near an area of actual or potential development. If the City does acquire park land for a neighborhood park or acquires park land for a community park, the City may require subsequent dedications to be in fee in lieu of land only. This will be to reimburse the City for the cost(s) of acquisition. Sec 15.511 Prior Dedication or Absence of Prior Dedication If a dedication requirement arose prior to enactment or amendment of this Section, subsequent development for the subject tract to which the dedication requirements applies may be subject to vesting as set forth in Chapter 245 Texas Local Government Code. Depending on the circumstances, additional dedication may be required for the increase in dwelling units from what was originally proposed. Sec 15.512 Comprehensive Plan Considerations The City's Recreation, Park and Open Space Master Plan is intended to provide the Parks and Recreation Advisory Board with a guide upon which to base its recommendations. Because of the need to consider specific characteristics in the site selection process, the park locations indicated on the Plan are general. The actual locations, sizes, and number of parks will be determined when development occurs or when sites are acquired by the City, including by donation. Park areas for neighborhood parks are established by the City's Recreation, Park and Open Space Master Plan as a component of the City's Comprehensive Plan, and indicate service areas for neighborhood parks. Area boundaries typically follow key topographic features such as major thoroughfares, streams, City limit and ETJ boundary lines. New park areas may be created or existing zones amended pursuant to procedures for amending the City's Recreation, Park and Open Space Master Plan as land acquisitions or other circumstances dictate. Sec 15.113 Special Fund; Right to Refund a) The City shall establish a special fund for the deposit of all sums paid in lieu of land dedication which shall be known as the Park Land Dedication Fund. Any interest earned by these funds shall remain in this account and be used for the fund's intent. b) The City shall account for money paid in lieu of land dedication with reference to individual plats. Any funds not expended by the City within ten (10) years of the date received by the City for acquisition or development of a park shall be returned to the payee if requested by the payee in writing. The payee on the last date of the ten (10) year period shall be entitled to a proportional refund computed on a per -dwelling unit basis. The payee must request a refund in writing within one (1) year of entitlement or such right shall be barred. See 15.514 Park Land Guidelines and Requirements Parks should be easy to access and open to public view so as to benefit area development, enhance the visual character of the City, protect public safety and minimize conflict with adjacent land uses. The following guidelines and requirements shall be used in designing parks and adjacent development. 1. Any land dedicated to the City under this Section must be suitable for park and recreation uses as determined by the City. The dedication shall be free and clear of any and all liens and encumbrances that interfere with its use for park purposes. The City Manager or his designee shall determine whether any encumbrances interfere with park use. Minerals may be reserved from the conveyance provided that there is a complete waiver of the surface use by all mineral owners and lessees. A current title report must be provided with the land dedication. The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A tax certificate from the Denton County Tax Assessor shall be submitted with the dedication or plat. 2. Consideration will be given to land that is in the floodplain or may be considered "floodable" even though not in a federally regulated floodplain as long as, due to its elevation, it is suitable for park improvements. Sites should not be severely sloping or have unusual topography which would render the land unusable for recreational activities. 3. Land in floodplains or designated greenways will be considered on a three (3) for one (1) basis. Three (3) acres of floodplain or greenway will be equal to one (1) acre of park land. 4. Where feasible, park sites should be located adjacent to greenways and/or schools in order to encourage shared facilities and joint development of new sites. 5. Neighborhood park sites should be adjacent to residential areas in a manner that serves the greatest number of users and should be located to minimize users having to cross arterial roadways to access them. 6. Where appropriate, sites with existing trees or other scenic elements are preferred. 7. Detention/retention areas may not be used to meet dedication requirements, but may be accepted in addition to the required dedication. If accepted as part of the park, the detention/retention area design must meet specific parks specifications in the City's Manual of Park Improvements Standards. 8. Where park sites are adjacent to greenways, schools, or existing or proposed subdivisions, access ways may be required to facilitate public access to provide public access to parks. 9. It is required that thirty (30) percent of the perimeter of a park should abut a public street. If site prohibits this requirement Council may approve a reduced percentage. SECTION 2. All ordinances of the City of Sanger in conflict with the provisions of this ordinance shall be, and the same are hereby repealed. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision in Section 1.109 of this Code. SECTION 5. This ordinance shall take effect immediately from and after its passage and publication of the caption as required by law and Charter in such cases provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ON THIS THE 21st DAY OF FEBRUARY, 2017. Thomas E. Muir, MAYOR ATTEST: Cheryl Price, CITY SECRETARY ORIGINAL ORDINANCE FROM CODE OF ORDINANCES — REDLINED WITH CHANGES Division 4.300 Water and Sewer Sec. 4.301 Residential Water Services Connections (a) The city shall install or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the cost thereof. Such sum is to be determined by the utility department and shall be at the following rates: Additional meter for sprinkler system Charge for meter, box and connections Charge for water connect fees (user fee) Charge for service interruption supervision $350.00 Actual cost + $500.00 refundable deposit against damage during construction. $30.00 $35.00 (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. Sec. 4.302 Residential Sanitary Sewer Service Connections (a) Installation. The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. (b) Boring or Street Cutting. Service lines that require the cutting or boring of paved streets or alleys will be subject to an additional charge based on the actual cost for such bores or cuts, including street repairs, necessary for installation. (c) Service Line. The property owner shall install a service line, with clean -out fitting at his or her expense to the city's lateral, in accordance with city regulations and subject to the inspection of the city ORIGINAL ORDINANCE FROM CODE OF ORDINANCES — REDLINED WITH CHANGES and shall hereafter be responsible for normal maintenance of said service line from the structure to the property line. q- Sec. 4.303 Commercial Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the cost thereof. Charge for meter, box and connections Charge for water connect fees (user fee) Charge for service interruption supervision Actual cost + $500.00 refundable deposit against damage during construction $30.00 $35.00 (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. (d) All meters and meter boxes shall be supplied by the city. In the event that a meter and meter box is installed by the developer, the meter and box charge will be reduced ten dollars ($10.00). Q), Sec. 4.304 Commercial Sanitary Sewer Service Connections (a) The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. (b) Charge for Connection: Actual cost including parts and labor. (c) Service lines that require the cutting or boring of paved streets or alleys will be subject to an additional charge based on the actual cost for such bores or cuts, including street repairs, necessary for installation. (d) The property owner shall install a service line, with clean -out fitting at his or her expense to the city's lateral, in accordance with city regulations and subject to the inspection of the city and shall ORIGINAL ORDINANCE FROM CODE OF ORDINANCES — REDLINED WITH CHANGES hereafter be responsible for normal maintenance of said service line from the structure to the property line. q- Sec. 4.305 Crediting of Collections (a) All water funds collected in excess of established costs shall be deposited in a separate account for new storage facilities, new pump stations, purchase of easements or main trunk lines and disbursed only after specific approval by the city council. (b) All sewer funds collected in excess of established costs shall be deposited in a separate account for the new sewer plant, additions to sewer plant, purchase of easements or main trunk lines to plant and disbursed only after specific approval by the city council. 4 Sec. 4.306 Water Service Rates (a) The rates to be charged by the city for water services for residential customers are hereby established as set forth below: $21.742-0.-7-0 minimum per unit served for $3.8668 per thousand gallons $4.25GS per thousand gallons $5.30GG per thousand gallons $7.686-.6-3 per thousand gallons 0-1,000 gallons 1,001-4,999 gallons 5,000-14,999 gallons 15,000-29,999 gallons 30,000+ gallons (b) The rates to be charged by the city for water services for commercial customers are hereby established asset forth below: $28.3226.47 minimum per unit served $18.2137.34 multiunit base/unit $4.492-9 per thousand gallons $4.866-3 per thousand gallons $5.50-24 per thousand gallons $6.794-7 per thousand gallons 0-1,000 gallons 0-1,000 gallons 1,001-4,999 gallons 5,000-14,999 gallons 15,000-29,999 gallons 30,000+ gallons (c) Multifamily Dwellings. Where multifamily dwellings are served by a single water service line, the total water usage will be divided by the number of occupied units. The bill calculated from the per unit usage derived therefor shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the owner or manager to notify the city by the 20th of each month ORIGINAL ORDINANCE FROM CODE OF ORDINANCES - REDLINED WITH CHANGES on what the occupied count is for the month, if the city is not notified by the 20th of the month, then the highest count in the last twelve months will be used to calculate the bill. (d) Multiunit Commercial Structures. Where existing commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefor shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $18.2117.34 for 0-1,000 gallons. No new multiunit connections will be allowed. In all new or newly divided commercial buildings each tenant space shall be required to have its own water meter. (e) Manufactured Home Parks. Where manufactured home parks are served by a single water service line, the total water usage will be billed to the owner of the park based on the number of occupied units. The bill calculated from the per unit usage derived therefor shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the park owner or manager to notify the city by the 20th of each month on what the occupied count is for the month. If the city is not notified by the 20th of the month, then the highest count in the last twelve months will be used to calculate the bill. �`� Sec. 4.307 Sewer Service Rates The rates to be charged by the city for sanitary sewer service are hereby established as follows: (1) Residential -Class A. (A) Class A customers shall include all residential type users including, but not limited to, single-family residences, apartment units, trailer court units, duplexes, or any other service primarily intended for domestic or residential use. h'US,A4i e e s e r st e F e S i A eI_a 5, S A. (B) All class A customers of municipal wastewater facilities will be charged a minimum of twenty- s+xseven dollars and fifty++ineteen cents ($27_5026.19) per monthly cycle and three dollars and ninetysixty hFee cents ($3.906-3) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and four dollars and thirty_four cents ($4.3404) for water in excess of 10,000 gallons, but in no case to exceed sixty-five dollars ($65.00) [sic] per month. (2) Commercial -Class B. (A) Class B customers shall include commercial users such as, but not limited to, restaurants, cafes, carwashes, schools, hospitals, nursing homes, offices, hotels, motels, laundries, grocery stores, department stores, and other commercial business operations as may be identified as not a class A type user. (B) All class B customers of municipal wastewater facilities shall be charged the following rates for the monthly facilities charge and three dollars and ninety sixty-three cents ($3.906-3) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and four dollars and thirr four cents ($4.3404) for water in excess of 10,000 gallons. ORIGINAL ORDINANCE FROM CODE OF ORDINANCES - REDLINED WITH CHANGES 3/4" meter $40.4838.55 1" meter $44.302.19 1-1/2" meter $50.4049.0 2" meter $61.3158.39 3" meter $75.602-88 4" meter $140.3233§4 6" meter $186.507-7.62 8" meter $246.1434.42 (3) Multifamily Dwellings. The amount due for multifamily dwellings shall be the class A rate multiplied by the number of occupied dwelling units as computed for water that month. (4) Manufactured Home Parks. The amount due for manufactured home parks shall be the class A rate multiplied by the number of occupied dwelling units as computed for water that month. (5) Multiunit Commercial Structures. Where commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefor shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be twenty-sevensx dollars and fifty^4^e�-.-ree^ cents ($27.506-4-9). (6) Customers without city water service will be charged $51.75 per month. Sec. 4.308 Water and Sewer Deposit (a) Each individual, person, business, firm or corporation making application for a connection to provide service by the city waterworks and sanitary sewer system shall provide a deposit prior to receiving service in the applicable amount as follows: Residential deposit Multi -property residential deposit* $100.00 $100.00 Large volume user deposit (including but not limited to restaurants, hair $200.00 salons, pet groomers, etc.) Commercial deposit Mobile water meter deposit $100.00 $1,000.00 * To qualify, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. ORIGINAL ORDINANCE FROM CODE OF ORDINANCES — REDLINED WITH CHANGES (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill except for multi -property residential deposits which will only be credited when the final account is closed. Article 4.400 Electric Sec. 4.401 Electric Deposits (a) Each individual, person, business, firm or corporation making application for a connection to provide electric service shall provide a deposit prior to receiving service in the applicable amount as follows: *Residential deposit $200.00 "Multi -property residential deposit $200.00 Small commercial deposit $200.00 Large commercial deposit $500.00 * Residential Deposits. An acceptable letter of credit from a recognized utility company for the current previous twelve (12) months shall be accepted in lieu of a deposit. Such letter must state that the customer has an acceptable payment record. Temporary service for cleanup or a remodel will be subject to a thirty -day maximum and will not require a deposit. ** To qualify for the multi -property residential deposit, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. Multi -property residential deposits will only be credited when the final account is closed. (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill. (c) Electric Deposit Refunds. When a residential or commercial customer has paid twelve (12) consecutive billings without having service disconnected for nonpayment and without having any delinquent bills and is not currently delinquent on their bill, Sanger Electric will refund the electric deposit by applying the amount of deposit on electric service to the customer's first billing following the twelve-month period. Q, Sec. 4.402 Electric Service Connections Electrical service connection fees shall be as follows: (1) Service Fee. For all new customers and any customer moving within the system: $30.00. (2) Temporary Service Fee. Paid upon request for service by a contractor for a remodel or landlord: $30.00 each service. Temporary service is only good for thirty (30) days. (3) Service Fee. To customer who is disconnected for nonpayment or who has not paid by the end of business on the 27th and reconnected, or customer requesting disconnect and reconnect for remodeling or upgrading electrical wiring: $30.00 each service. ORIGINAL ORDINANCE FROM CODE OF ORDINANCES — REDLINED WITH CHANGES (4) Three Phase Service Fee. For new installation, upgrading of existing service, or reconnect: $90.00. Sec. 4.403 Residential Electric Rate (a) Availability. To any customer for electric service used for residential purposes in individual, private dwellings and in individually metered apartments supplied at one point of delivery and measured through one meter. (b) Type of Service. Service shall be single phase at 60 cycles and standard secondary voltages. (c) Rate. (1) Facilities charge: $10.00 per month. (2) Energy charge: $0.1175 per kwh. (3) Minimum bill: $10.00 per month. (3) Minimum bilk $16 nvn h 1 T T iv��cr�rtm�f�'rc7 0— Sec. 4.404 Commercial Electric Rate (a) Availability. To commercial customers for all uses when service is taken through one meter at a single point of delivery. Not applicable to resale or breakdown service. (b) Type of Service. Service shall be single or three phase at 60 cycles and any standard voltages available from the distribution system and through one standard transformation. When entire service cannot be measured at one utilization voltage with one standard type meter, it will be measured at primary voltage. (c) Rate. (1) Facilities charge: $16.00 per month. (2) Energy charge: $0.12 per kwh. (3) Minimum bill: $16.00 per month. Q� Sec. 4.405 Large Commercial Electric Rate (a) Availability. To any customer for electric service supplied at one point of delivery and measured through one meter. This applies to all customers with usage of 10,000,000 kwh or more per year. (b) Rate. (1) Facilities charge: $35.00. (2) Energy charge: $0.105. Q, Sec. 4.406 Security/Guard Light Rates (a) 150W H.P.S.: $15.00 per month. ORIGINAL ORDINANCE FROM CODE OF ORDINANCES — REDLINED WITH CHANGES (b) 40OW H.P.S. directional floodlight: $35.00 per month. (c) 1,000W metal halide floodlight: $70.00 per month. Q, Sec. 4.407 ERCOT Mandated Charges Various charges imposed by the Energy Reliance Council of Texas (ERCOT) and adjusted periodically shall be added or deducted from the above rates at the actual cost to the city. Q, Sec. 4.408 Electric Service Switchover (a) Disconnection Fee for Transfer of Service. Disconnection fee for transfer of service is made when customer who is receiving permanent electric service from either electric utility company requests in writing transfer of such service to the other electric utility. Prior to disconnecting electric service to transfer such service to another electric utility, the customer must pay the company for all amounts owed to that company. That company must issue a receipt to customer upon payment of all amounts owed to the company which includes: (1) A disconnect charge of one hundred dollars ($100.00) to residential customers to remove meter and service based upon the average direct labor and vehicle costs of disconnecting customer. The charge to nonresidential customers for normal installations is also one hundred dollars ($100.00), but if special metering facilities are to be removed, the charge is increased to cover this additional cost. (2) The total cost of any distribution facilities rendered idle and not usable elsewhere on company's system, based upon the original cost of such facilities less depreciation and net salvage. (3) Charges for electric service through the date of disconnection. (4) Any other charges applicable under company's tariff or ordinance for electric service or agreement for electric service. (5) Any other applicable charges. (b) Total Disconnection Fee. One hundred dollars ($100.00), plus applicable charges under subsections (a)(2)—(5) above. (Ordinance 04-08-16 adopted 4/18/16) ORDINANCE #02-08-17 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY TEXAS, AMENDING APPENDIX A "FEE SCHEDULE" OF THE CODE OF ORDINANCES. ARTICLE 4.000 "UTILITY RELATED FEES" BY AMENDING SECTIONS 4.306, 4.307 4.403; AND, AMENDING ARTICLE 7.000 "PARK AND RECREATION FEES" BY ADDING SECTIONS 7.900 AND 7.1000; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1: That Appendix A "Fee Schedule" of the Code of Ordinances is hereby amended by Amending Sections 4.306, 4.307, 4.403 and Adding Sections 7.900 and 7.1000, to read as follows: ARTICLE 4.000 UTILITY RELATED FEES Sec. 4.306 Water Service Rates (a) The rates to be charged by the city for water services for residential customers are hereby established as set forth below: $21.74. minimum per unit served for $3.86 per thousand gallons $4.25 per thousand gallons $5.30 per thousand gallons $7.68 per thousand gallons 0-1,000 gallons 1,001-4,999 gallons 5,000-14,999 gallons 15,000-29,999 gallons 30,000+ gallons (b) The rates to be charged by the city for water services for commercial customers are hereby established as set forth below: $28.32 minimum per unit served $18.21 multiunit base/unit $4.49 per thousand gallons 0-1,000 gallons 0-1,000 gallons 1,001-4,999 gallons $4.86 per thousand gallons 5,000-14,999 gallons $5.50 per thousand gallons 15,000-29,999 gallons $6.79 per thousand gallons 30,000+ gallons (c) Multifamily Dwellings. Where multifamily dwellings are served by a single water service line, the total water usage will be divided by the number of occupied units. The bill calculated from the per unit usage derived therefor shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the owner or manager to notify the city by the 20th of each month on what the occupied count is for the month, if the city is not notified by the 20th of the month, then the highest count in the last twelve months will be used to calculate the bill. (d) Multiunit Commercial Structures. Where existing commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefor shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $18.21 for 0-1,000 gallons. No new multiunit connections will be allowed. In all new or newly divided commercial buildings each tenant space shall be required to have its own water meter. (e) Manufactured Home Parks. Where manufactured home parks are served by a single water service line, the total water usage will be billed to the owner of the park based on the number of occupied units. The bill calculated from the per unit usage derived therefor shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the park owner or manager to notify the city by the 20th of each month on what the occupied count is for the month. If the city is not notified by the 20th of the month, then the highest count in the last twelve months will be used to calculate the bill. Sec. 4.307 Sewer Service Rates The rates to be charged by the city for sanitary sewer service are hereby established as follows: (1) Residential -Class A. (A) Class A customers shall include all residential type users including, but not limited to, single-family residences, apartment units, trailer court units, duplexes, or any other service primarily intended for domestic or residential use.. (B) All class A customers of municipal wastewater facilities will be charged a minimum of twenty- seven dollars and fifty cents ($27.5026.19) per monthly cycle and three dollars and ninety cents ($3.90) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and four dollars and thirty-four cents ($4.34) for water in excess of 10,000 gallons, but in no case to exceed sixty-five dollars ($65.00) [sic] per month. (2) Commercial -Class B. (A) Class B customers shall include commercial users such as, but not limited to, restaurants, cafes, carwashes, schools, hospitals, nursing homes, offices, hotels, motels, laundries, grocery stores, department stores, and other commercial business operations as may be identified as not a class A type user. (B) All class B customers of municipal wastewater facilities shall be charged the following rates for the monthly facilities charge and three dollars and ninety cents ($3.90) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and four dollars and thirty-four cents ($4.34) for water in excess of 10,000 gallons. 3/4" meter $40.4838.55 1" meter $44.30 1-1/2" meter $50.40 2" meter $61.3158.39 3" meter $75.60 4" meter $140.32 6" meter $186.50 8" meter $246.14 (3) Multifamily Dwellings. The amount due for multifamily dwellings shall be the class A rate multiplied by the number of occupied dwelling units as computed for water that month. (4) Manufactured Home Parks. The amount due for manufactured home parks shall be the class A rate multiplied by the number of occupied dwelling units as computed for water that month. (5) Multiunit Commercial Structures. Where commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefor shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be twenty-seven dollars and fifty cents ($27.50). (6) Customers without city water service will be charged $51.75 per month. Sec. 4.403 Residential Electric Rate (a) Availability. To any customer for electric service used for residential purposes in individual, private dwellings and in individually metered apartments supplied at one point of delivery and measured through one meter. (b) Type of Service. Service shall be single phase at 60 cycles and standard secondary voltages. (c) Rate. (1) Facilities charge: $10.00 per month. (2) Energy charge: $0.1175 per kwh. (3) Minimum bill: $10.00 per month. ARTICLE 7.000 PARK AND RECREATION FEES Sec. 7.900 Presbyterian Church Rental Fees (a) Friday, Saturday, Sunday or after 5:00 PM Monday -Thursday: (b) Monday -Thursday 8:00 AM to 2:00 PM: (c) Anytime on a City Recognized Holiday: (d) Extra Hour Except Rehearsals: (e) Rehearsal (1 Hour) (f) Required Deposit Sec. 7.1000 Park Land Dedication Fees (a) Land Dedication (1) Single Family: One (1) acre per 50 dwelling units (2) Multi -Family: One (1) acre per 21 bedrooms (b) Fee in Lieu of Land Dedication (1) Single Family: $274.00 per dwelling unit (2) Multi Family: $115.00 per bedroom $300 for 3 hours $200 for 3 hours $550 for 3 hours $50 per hour $35 $250 SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3 Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. This ordinance shall take effect and shall be in full force and effect from after its passage and publication of the caption as required by law and Charter in such cases provide. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF SANGER, DENTON COUNTY, TEXAS, ON THIS THE 21ST DAY OF FEBRUARY, 2017. APPROVED: Thomas E. Muir, Mayor ATTEST: Cheryl Price, City Secretary