Ordinance No. 1,052-AORDINANCE NO. 1052 -A
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 SECTION 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
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, THREFORE,
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 City
when additional sewage discharge is made into 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 such discharge:
(a) Dwelling knits. Each dwelling unit, whether the same
be a single family unit 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 gal-
lons per day of effluent. The total anticipated discharge
of a non - dwelling project, based upon State Health Depart-
ment data, shall be divided by a divisor of 250 gallons;
the resulting quotient 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 dwelling units in existing subdivisions
or non - platted acreage. Such fee shall be due and payable
at the time a building permit is obtained or, in the case of
of mobile homes, when the parking permit is obtained.
(b) Subdivisionsplatted after effective date of this section.
Such fee shall be due and payable for each dwelling unit
building site at the time a building permit is obtained.
(c) Multi - dwelling projects where there is not a subdivision
of land (apartments, other planned unit developments, mobile
home parks, etc.). 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 project.
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; providing, however, that the fee required by
90
by this section may be deferred until the developer is
ready to take service from the City, by the developer's
filing of a security device meeting the requirements of
Section 27 -20(h) of this Code, as approved by the City
Attorney. Such security device shall be conditioned
upon the payment in full of such fee by the developer
at the time service is to be taken. The City shall not
provide such service until payment of the fee in full.
(d) Non - dwelling projects. The charge for non - dwelling projects
shall be due and payable at the time a building permit is issued.
Such fee shall be determined as provided in Section 31 -68 (b)
above.
(e) 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 severabie.
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 permit, if applicable,
as of the effective date of this ordinance, or in the case of single
family dwelling units in existing subdivisions or unplatted acreage,
such sections shall apply to those cases where the building permit
has not been obtained. This ordinance shall take effect from and
after its passage by the City Council of the City of Baytown, Texas.
Section 4: This ordinance supersedes Ordinance No. 1052,
adopted by the City Council of the City of Baytown on the 3rd day of
December, 1970.
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INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown, on this 25th day of
March, 1971.
C. GLEN WALKER, Mayor
ATTEST:
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EDNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUGHLIN, City Attor y
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