Loading...
Ordinance No. 1,052ORDINANCE NO. 1052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY AMENDING CHAPTER 31, UTILITIES, BY THE AMENDMENT OF ARTICLE V, SEWER SER- VICE, BY THE ADDITION OF SECTIONS 31 -68 AND 31 -69 THERETO, BY PROVIDING FOR SEWER TREATMENT CAPACITY EXPANSION FEES AND PRO- VIDING PROCEDURES FOR THE CALCULATION OF SUCH FEES; PROVIDING PROCEDURES FOR DETERMINING WHEN SUCH FEES ARE TO BE PAID; CON- TAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the qualified and registered voters of the City have approved the 1970 Capital Improvements Bond Program; and WHEREAS, such bond program provides for improvements to and expansion of the City's sewer treatment facilities; and WHEREAS, the improvements to be constructed under such bond program will not be completed within the next eighteen (18) to twenty -four (24) months; and WHEREAS, the sewage treatment plants of the City are presently taxed to capacity, and many of such plants are already over - loaded; and WHEREAS, the Texas Water Quality Board has directed the City to adopt a program to correct such overloaded conditions, and to comply with the City's discharge permits; and WHEREAS, in order to allow for continued development within the City, and at the same time provide adequate treatment facilities, the City will be required to provide interim temporary treatment facilities; and WHEREAS, the City does not have sufficient capital to provide such interim temporary facilities; and WHEREAS, the City Council of the City of Baytown is of the opinion that persons desiring to develop property within this interim period should be required to bear a greater portion of the cost to the City of providing temporary sewage treatment facilities; and 1 WHEREAS, the City Council of the City of Baytown desires to adopt a fee system for the requirement to the City of providing temporary sewage treatment facilities because of new development during such interim period; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by amending Chapter 31, Utilities, by the amendment of Article V, Sewer Service, by the addition of Sections 31 -68 and 31 -69 thereto, which shall read as follows, to -wit: Section 31 -68: Sewer treatment capacity expansion fees. In addition to the sewer tap fees specified in Section 31 -67, the following fees shall be assessed and collected by the water department when a tap is made to the City's sewer system for the purpose of helping defray the cost of providing treatment facilities to handle the additional load placed upon the City's sewer system by reason of the tap: (a) Dwelling Units. Each dwelling unit, whether the same be a single family residence or a unit of a multi - dwelling project: $50.00 (b) Non- dwelling projects. Non-dwelling_ projects shall be assessed a fee as follows: For the purposes of this section, it is hereby determined that each dwelling unit discharges an average of 250 gallons per day of effluent. The total anticipated discharge of a non - dwelling project, based upon State Health Department data, shall be divided by a divisor of 250 gallons; the resulting quo- tient shall thereafter be multiplied by the sum of $50.00, and the result thereof shall constitute the total fee for such non - dwelling project. Section 31 -69. Payment of sewer treatment capacity expansion fees. The fees specified by Section 31-68 above shall be due and payable as follows: (a) Single family residences in existing subdivisions or non- platted acreage. Such fee shall be due and payable at the time the sewer tap fee is paid. (b) Subdivisions platted after effective date of this section. Such fee shall be due and payable at the time the subdivider's plat is approved by the Planning Commission and filed for record. In determining the fee to be paid by the subdivider, the sum of $50.00 shall be multiplied by the number of dwelling unit build- ing sites laid out in the subdivision. (c) Multi- dwelling projects where there is not a subdivision of land. Such fee shall be due and payable at the time the developer's plat is approved by the Planning Commission and filed for record, if applicable, and otherwise at the time a building permit is issued for such pro- ject. The total number of dwelling units in such project shall be multiplied by the sum of $50.00 to determine the total fee for such project. -2- 101%, (d) Non-dwelling projects. The charge for non-dwelling projects shall be doe and payable at the time a building permit is issued. Such fee shall be determined as provided in Section 31-68 (b) above. A Combination of dwelling units and non-dwelling units. In the event there is a combination of dwelling units and non- dwelling units in a project, the applicable fee for each such category shall be determined as herein provided, and the total of the two shall determine the fee for the project. Such fee shall be paid at the time a plat is approved and recorded, if applicable, and otherwise when a building permit is issued. Section 2: Savings Clause: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or 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 -3: Effective Date: The provisions of Section 31-68 and Section 31-69 shall apply to all subdivisions or projects which have not obtained final plat approval, or obtained a building 1.)ermit, if applicable, as of the effective date of this ordinance, or in the case of single family residences in existing subdivisions or unplatted acreage, such sections shall apply to those cases where the tap fee has not been paid. This ordinance shall take effect from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, on this 3rd day of December, 1970. C. GLEN WALKER, mayor ATTEST: 51 el dhvq..') EDNA OLIVER, City Clerk APF OVED: A/0", WILLIAM R. LAUGHLIN, City %ttorney -3-