Ordinance No. 3,042Pub1 i5heci _ TYzursday TTovember 27 1980 Q13 24 -11
S u n d a y, No v e m b e r 3 fJ 1 9 8 4
OFD S 1�TANCE
114C:3- 3 Cl -I 2
AN ORDSNANCE OF THE C =TY CdLJNCSL OF THE CITY OF SAY TC3WIV
REVSSSNG AND AMENDSNG THE WATER. AND SEWER L3NF >�X'i'�NSZON
REGULATIONS REPEALSNG ALL ORDSNANCES SN DSRECT CONF'LSC' -L' ;
CON T A A 1blAX1EMUAd
PET-i ink IL, TY OF` $200 _ 00 ; AND PROVIDS TIT G FOR THE PTJBLSC7A'1'SON
AND E F F E C T S V E D AT E H E R E C F_
BE S T ORDA = BY THE C I TY COL3NC S r OF THE C STY OF
SAYTOW1"I
Scct3orn a_ That sectaora 25 -13 of the Code of Ordinaric --PS ,
C i t y o f B a y t o w n T e x a s, i s h e r e b y a m e n d e d t o r e a d a s f o l o w s_
Sec _ 25 -13 _ Advance Payrraerat
T h e C i t y m Z:3.-:57 e x t e n (a i i n e s t o a n a r e a p r o v i d e d
tlae pe-t it ioTaers or owners pay to the c i-C n c- za_sh ,
and in advance of the city in it iat ing y> ps-P7 anI rzary
w a r p o n t h e p r o j e c t, a n am o u n t o f rriL o n e y t o b e d e-
termined by the director but tree amount advaTacPd
sYsall in no event be a- es - Iliari one —had t < the
e s t i m a t e d c o s t o f t h e p r o j e c t_
Sect ion 2 = That suY=)sect iora 25 -20 < b of tl-1P Cade o f
Qrdiasar -x City of Baytown , is riereID americ3PC3 -I-- C-> read as
f o l l o w s=
Sec _ 25 -2 C7 _ Applicat fora
< b C o n s t r u c t i o n b y o t h e r d e v P Z a p P r s_ A n y
owTZer or developer des a r ink to devP1 op Z and and to
provide water and/or seNN7rG r services sYasi 1 sribmz t
plans grid specifications for a-1 -1 1 1raes corsStructecl
within public easements to the director for appr-c�vaIL
prior to begirn lux ing construction and I " ac c--ardarace
with tree Code of Ordinances of tYaP Cz ty caf Baytown _
Sect ion 3 _ '� hat sect ion 25 -21 of the Code of Ordinan_c Ps
City of Baytown Texas is Ysereby amended to rc��c3 �.s Fc�1_-1caws
Developer to cosh r-uict _7 "PS _
All developers will irx 17 1 -1 a_t their owrT ex-
pense, water and severer lirrPS nPC-PSSary to serve
t h e l a n d t h e y a r e d P v P? o p i n _ T 1r e y w i l l 1 i k a w 3 s e
corastruct at their cD,wn expense any grid call lift
st. _ _j TZS grad pump stations to provide water and
sewer s -ry ice to sucYr land _ For arry 3 irae on N -v hicl-i
a r e f u n d w i l l b e r e q u e s t e cl u n d e r A r t i c l e V p r i o r
to construct iori , -t- 1---y czty wi31 tame bids based up-
oTZ plans and spec i f icat ions prepared by a developer ,
arzd approved by the director , for the lirieEE3 required _
T h e d e v e l o p e r w a 1 1 a d v a rz c e a l l c o s t s o f s u c h S i n e
t o t h e c i t y p r i o r t o t h e aw a n d o f t h e c o rz t r a c t;
hc-�wPVPr, �rny adjustments irl the final cost of the
cc�ntrac-- t sY2all be paid prior to tYie city proviclin�
sPrvi_cE tc-� the land _
01124 -I1a
Section 4: That section 25 -23 of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 25 -23. Reimbursement prior to construction.
The cost of water and /or sewer mains which are
required by the city to be larger than would nor-
mally be needed to serve the subdivision will be
partially reimbursed to the developer. The reim-
bursable amount will be the difference between the
cost of the lines over six (6 ") inches in diameter
that would be adequate to serve the subdivision
and the cost of the lines required by the city. A
reimbursement contract will be negotiated between
the city council and the developer prior to construction
of the lines.
Section 5: That section 25 -32 of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 25 -32. Exceptions to connection charge.
No connection charge will be made:
(1) For connections to water or sewer mains
existing within the limits of the City of Baytown
on December 1, 1979;
(2) For reconnection for any cause (excepting
default in payment of charges made by city) of a
parcel or tract for which a proper connection
charge is once paid even though the reconnection
be at a different location or in a different
street; any tapping charge required elsewhere in
this code is to be at the sole cost and expense of
the reconnecting property;
(3) For any connection to a water or sewer main
when, in the opinion of the director, the connection
does not provide additioanl service to a property
but merely loops the lines to such property;
(4) To any user of city water obtained from
city prior to December 1, 1979, which water was
metered by a meter to serve only one user;
(5) To any owner or developer who has paid for
a line, as such owner or developer will receive
credit for his connection charge because he paid
for the line.
Section 6: That section 25 -35 of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 25 -35. Commitment for capacity; transf.errability;
revocation of charge.
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01124 -11b
(a) An owner or developer may receive a commit-
ment for water /sewer capacity in a water or sewer
line by payment to the director of the appropriate
connection charge. The city council may commit to
a property owner or developer, without payment of
a connection charge, water /sewer capacity in a
water or sewer line for his property for one (1)
year. Council may renew such a commitment for six
(6) month periods.
(b) No charge for a tract of land shall be
transferrable to another tract.
(c) If any tract or portion of a tract is not
developed within two (2) years of the payment of
the connection charge provided for it, the city
shall have the right to refuse water /sewer service
to the undeveloped area upon refund without interest
of the connection charge or that portion of the
charge for the undeveloped area; provided further,
any time after the two (2) year period mentioned
above, the city shall continue to have the right
to refuse water /sewer service to the undeveloped
area. In this case, the developer or owner shall
be refunded his connection charge without interest
and less a penalty of 20% of the connection charge
or that portion of the charge for the undeveloped
area for each additional year the area remains
undeveloped.
Section 7: That section 25 -40 of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 25 -40. Refunds of connection charges.
There shall be refunded to the person or persons
advancing the cost of an extension of a line a
percentage share of the connection charge paid by
other owners or developers upon their connection
to the line. Each person or persons entitled to
such refunds shall receive a percentage of the
refund equal to the percentage of the cost of the
line they paid.
Section S: That subsection 25- -41(a) of the Code of
Ordinances City of Baytown, Texas, is hereby amended to read
as follows:
Sec. 25 -41. Limitations to full recovery of
costs.
(a) In no event shall the person or persons ad-
vancing the costs of the extension of the water
and /or sewer line be refunded an amount that would
represent any part of the connection charges
against their own property served by the given
extension, and said limitation applies whether the
connection charge is actually paid or if credit
is given for the charge to the builder of a line.
Section 9: That Section 25 -43 of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
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01124 -11c
Sec. 25 -43. Request for refund; recordation.
If the applicant so desires, he may, in writing,
request the director to establish a connection
charge in his favor against intervening nonparti-
cipating property owners subsequently making
application for service connections to the exten-
ded main. Upon receipt of such request, the
director shall establish on the records of said
department a connection charge in favor of the
applicant, stating the total amount of refund to
which the applicant is entitled based upon costs
advanced by the applicant less the applicant's
connection charge on per acre basis.
Section 10: 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 11: If any provision, section, exception, sub-
section, 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 valid-
ity 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 12: Any person violating the provisions of
this ordinance shall be punished by a .fine of not more than
Two Hundred and No /100 ($200.00) Dollars, and each violation
shall constitute a separate offense.
Section 13: 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.
OJ_124 -11d
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council on this 24th day of November__, 1980.
4MU�
TT 0. HUTT , Mayor
ATTEST:
' y
EILEEN P. HAL C
, ity Clerk
APPROVED:
e — -
RANDALL B. STRONG, City Att ney
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