§ 4-1-9. Street improvement fee.

(A)

In addition to the building permit fees required by the City Building Code, and the City Residential Code, a separate street improvement fee shall be paid to the in accordance with the Fee Schedule Ordinance 8818. This fee applies to all new construction, additions, alterations and remodels. All proceeds from the street improvement fee shall be deposited in one budget account. The account shall be designated as the "Street Repair Improvement and New Street and Sidewalk Installation Fund." The fee is assessed at the time a building permit is issued by the City.

The purpose of the fund is to cover a portion of the unusual wear and tear to public streets, alleys and/or sidewalks growing out of construction activity and to cover a portion of the construction costs of unpaved public streets, (including curb and gutters), alleys and/or sidewalks.

This section is adopted under Section 395.081 of the Texas Local Government Code. The City of Midland will benefit from allowing the landowner to connect to the capital improvements while promoting the health, safety, and public welfare and providing for efficient and well-planned urban growth and development. All repairs or construction improvements adjoin or are within 11 miles of the developed property. The 11 miles is the specified distance required by Section 395.081.

(B)

Any person wishing to appeal the payment of this fee may do so. Any person may appeal to the City Manager, or his designee, prior to paying the fee or after paying the fee. If a person wishes to appeal after payment of the fee, the person shall appeal to the City Manager, or his designee, in writing within ten calendar days of paying the fee. The City Manager, or his designee, shall provide a full and meaningful review process. The City Manager, or his designee, shall provide a fair opportunity for people to challenge the accuracy and legal validity of their fee obligation. The City Manager, or his designee, shall also provide a clear and certain remedy for any erroneous or unlawful fee collection to ensure that the opportunity to contest the fee is a meaningful one. Options that the City Manager, or his designee, shall consider in providing a clear and certain remedy are a refund of any excess fee paid, as well as other factors such as ensuring that a person may continue the operation of his or her business. Any person may appeal to the City Manager, or his designee, if the person believes that he or she cannot afford the fees. The person may seek an exemption from all or part of the fee. The City shall not file criminal charges against any person if the street improvement fee is not paid. The City shall not file criminal charges against a person in an attempt to collect the Street Improvement fee.

The City Manager, or his designee, shall make his decision within ten days of receiving the appeal in writing. The City Manager, or his designee, shall ensure that a person has all rights under Section 395.081 of the Texas Local Government Code. A person shall incur no financial hardship by exercising his or her right to appeal.

(C)

The purpose of this fee is to regulate the application and granting of building permits for members of the public that request such permits, and needed streets, alleys, and sidewalks to serve the community. Said fees shall not be demanded from the public by financial penalties, loss of livelihood, or damage to a business. Individuals who pay the fee will benefit in no less a way from the completion of public streets, alleys, and sidewalks, than any other member of the public. The expense of maintaining and installing public streets, alleys, and sidewalks, greatly outweighs whatever secondary revenue is collected through the generation of this permit fee.

(D)

The City Council members of the CDBG Committee may prepare a schedule of unpaved public streets, alleys, and sidewalks for review by the City Council in January and June of each year. The Council may review said schedule and authorize and direct the installation and/or rehabilitation of paved public streets, alleys, or sidewalks on selected public property that meets the criteria of subsection (a) above.

(Ord. No. 8807, § 2, 7-13-2010; Ord. No. 9225, § 1, 2-11-14 ; Ord. No. 9490, § 1, 10-20-15 )