Ordinance No. 12,565ORDINANCE NO. 12,565
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 34 "ENVIRONMENT," ARTICLE V "HAZARDOUS
SUBSTANCES, LIQUIDS AND GAS PIPELINES," DIVISION 2 "PERMIT
AND REGISTRATION," SECTION 34 -232 "FEES," SUBSECTION (A) OF
THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO
INCREASE PIPELINE PERMIT AND ANNUAL FEES; AND AMENDING
CHAPTER 34 "ENVIRONMENT," ARTICLE V "HAZARDOUS
SUBSTANCES, LIQUIDS AND GAS PIPELINES," DIVISION 2 "PERMIT
AND REGISTRATION," SECTION 34 -232 "FEES," OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A NEW
SUBSECTION TO BE NUMBERED SUBSECTION (D) TO PROVIDE FOR
INTEREST ON LATE PAYMENTS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 34 "Environment," Article V "Hazardous Substances,
Liquids and Gas Pipelines," Division 2 "Permit and Registration," Section 34 -232 "Fees,"
Subsection (a) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 34. ENVIRONMENT
ARTICLE V. HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES
DIVISION 2. PERMIT AND REGISTRATION
See. 34 -232. Fees.
(a) Every permit granted under this division, with the exception of those permits necessitated
due to an adjustment, relocation or replacement of a pipeline requested or required by the
city or another governmental entity, shall provide for the payment by the owner or
operator to the city of an initial permit fee in the amount of $500.00 per pipeline and for
the payment of an annual fee in the amount of $300.00 per pipeline per year payable
annually in advance on or before the anniversary date of the final passage of the
ordinance granting such permit. The owner or operator may, at his election and option,
pay in advance, at the time the initial permit fee is paid, the aggregate amount of the
annual fees to be thereafter payable for the full term covered by the permit, discounted to
its then - present value at the prime interest rate then charged by Texas Local Government
Investment Pool (TEXPOOL), or its successor in interest. If advance payment is made of
such annual fees, no further annual fees shall be payable during the life and term of the
permit.
Section 2: That Chapter 34 "Environment," Article V "Hazardous Substances,
Liquids and Gas Pipelines," Division 2 "Permit and Registration," Section 34 -232 "Fees" of the
Code of Ordinances, City of Baytown, Texas, is hereby amended to add subsection (d), which
subsection shall read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE V. HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES
DIVISION 2. PERMIT AND REGISTRATION
See. 34 -232. Fees.
(d) The annual payments required in subsections (a) and (b) of this section that are not timely
paid shall accrue interest at the rate of ten percent per annum.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affPixmA444q v f e ity Council
City of Baytown, this the 12th day of June, 2014.
A
IA BRYSCH, City
APPROVED AS TO FORM:
DAVID MCCCAR`T NlEYI. Makor Pro
SpYTOW,I,
v
tA� Pub
00�+
ACIO RAMIREZ, SR., ' y Attorney
R: \Karen \Files \City CounciMrdinances\20 4Uune 121PipelineFees.d0cx
0)