Ordinance No. 9,854Published Baytown Sun
ORDINANCE N0. 9854 Tuesday, Sept. 28, 2004
Thursday, Sept. 30, 2004
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AN ORDINANCE OF THE CITY 'COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 98 "UTILITIES," ARTICLE III "WATER
SERVICE," SECTION 98 -59 "RATES," SUBSECTION (F)(1) "SERVICE FOR
PROPERTY OUTSIDE THE CITY ": "CAPITAL CHARGE" OF THE CODE
OF ORDINANCES, CITY OF BAYTOWN, TEXAS; REPEALING CHAPTER
114 "SEWER AND WATER LINE EXTENSIONS," ARTICLE IV
"CONNECTION CHARGES" AND ARTICLE V "REFUNDS" OF THE CODE
OF ORDINANCES, CITY OF BAYTOWN, TEXAS, IN THEIR ENTIRETIES;
AMENDING CHAPTER 114 "SEWER AND WATER LINE EXTENSIONS"
OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD
A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE IV
"IMPACT FEES" TO ESTABLISH IMPACT FEES IN ACCORDANCE WITH
CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF. 1
WHEREAS, on May 13, 2004, the City Council adopted procedural rules for the City's
Planning and Zoning Commission for use when acting within its capacity as the Capital
Improvements Advisory Committee; and
WHEREAS, on June 24, 2004, the City Council, after having published and mailed
notices in accordance with law, held a public hearing on the land use assumptions and capital
improvements plan; and
WHEREAS, on July 8, 2004, the City Council approved the land use assumptions and
capital improvements plan; and
WHEREAS, thereafter, the Planning and Zoning Commission in its capacity as the
Capital Improvements Advisory Committee filed its written comments in accordance with law;
and
WHEREAS, on August 12, 2004, the City Council, after having published and mailed
notices in accordance with law, held a public hearing on the imposition of the impact fees; and
WHEREAS, the City Council finds that all prerequisites of law have been satisfied in
order to establish an impact fee; and
WHEREAS, after considering the testimony given at the public hearing on the imposition
of the impact fee, the City Council now desires to enact and impose an impact fee in accordance
with this ordinance; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: All matters and facts set forth in the recitals above are found to be true and
correct.
Section 2: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -59
"Rates" Subsection (f)(1) "Service for property outside the city": "Capital Charge" of the Code
of Ordinances, City of Baytown, Texas, is hereby repealed in its entirety.
Section 3: That Chapter 114 "Sewer and Water Line Extensions," Article IV
"Connection Charges" and Article V "Refunds" of the Code of Ordinances, City of Baytown,
Texas, are hereby repealed in their entireties.
Section 4: That Chapter 114 "Sewer and Water Line Extensions" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to add a new article to be numbered and
entitled Article IV "Impact Fees," which shall read as follows:
CHAPTER 114. SEWER AND WATER LINE EXTENSIONS
IV. Impact Fees
Sec. 114 -96. Purpose.
This article is intended to ensure the provision of adequate public facilities to serve new
development in the service area by requiring each such development to pay its pro rata share of
the costs of water and wastewater capital improvements necessitated by and attributable to such
new development.
See. 114 -97. Authority.
This article is adopted pursuant to Chapter 395 of V.T.C.A. Local Government Code and
the Charter of the City of Baytown, Texas. The provisions of this article shall not be construed
to limit the power of the city to utilize other methods authorized under state law or pursuant to
other city powers to accomplish the purposes set forth herein, either in substitution for or in
conjunction with this article.
See. 114-98. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Assessment means the determination of the amount of impact fee per service unit that may be
imposed on new development pursuant to this article, which determination occurs at the time
• specified in Section 395.016 of V.T.C.A. Local Government Code.
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® Building permit means the general permit required by Chapter 118 of the Code of Ordinances,
Baytown, Texas.
Capital improvements plan means the water and wastewater capital improvements plan adopted
by the City Council, as may be amended from time to time, that identifies capital improvements
or facility expansions for which impact fees may be assessed.
Director means the director of planning and development services.
Equivalent Dwelling Unit Table means the table approved by the city council converting
utilization of capacity required by various land uses to numbers of service units based upon the
type and size of meters.
Impact fee has the meaning ascribed to it in Section 395.001 of V.T.C.A. Local Government
Code.
New development means the subdivision of land; the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation or enlargement of any structure or
any use for extension of the use of land; any of which increases the number of service units.
Offset means the amount of the reduction of an impact fee, determined under this article that is
equal to the value of a water facility or a portion thereof included in the capital improvements
plan, that is constructed or financed by a property owner.
Plat mans the plan or map for the subdivision to be filed for record with the county clerk in the
county in which the property is located. Plat includes replat.
Property owner means the owner in fee of a tract or parcel of land upon which new development
is to be located or his authorized representative.
Service area means the area within the corporate boundaries and extraterritorial jurisdiction to be
served by the capital improvements or facilities expansions specified in the capital improvements
plan.
Service units means a standardized measure of consumption of water and wastewater systems
capacity which is equal to the average flow rate for a single family dwelling unit in Baytown.
Sec. 114 -99. Impact fees, in general.
(a) Except as otherwise provided herein, each new development within the city limits
and/or extraterritorial jurisdiction shall pay an impact fee for water and wastewater
improvements and/or facilities necessitated by and attributable to that development.
Impact fees shall be assessed against and collected from new development on the
• basis of service units.
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(b) The maximum impact fee per service unit that can be assessed against new
development is established as a combined rate of $2,243.46 per service unit of which
$324.47 is attributable to water and $1,918.99 is attributable to wastewater. The
impact fee that shall be collected from new development is $2,243.46 per service unit.
(c) The City Council may amend impact fees to be collected from new developments
without amending its capital improvements plan adopted herein as long as the impact
fees to be colleted do not exceed the maximum impact fees per service unit that may
be assessed for such facilities.
Sec. 114 -100. Assessment of Fees.
Assessment of impact fees against new development shall be based on the maximum
impact fee per service unit, established by the city council. The time of the assessment shall be
in accordance with Chapter 395 of V.T.C.A. Local Government Code.
Sec. 114 -101. Time of fee collection.
Impact fees shall be collected at the time of issuance of building permits. In the event
that a building permit is not required prior to development, collection shall be at the time of
connection to the City's system.
Sec. 114 -102. Computation of fees.
The department shall compute the impact fees in the following manner:
(1) Except as otherwise provided in this section, the amount of the impact fee due
shall be determined by multiplying the number of service units generated by the
new development by the impact fee per service unit then in effect.
(2) In the event that the new development involves the razing or removing of existing
structures, the capacity utilized by such use or structure shall be converted to
service units using the equivalent dwelling unit table. If the service required for
the new development exceeds such reserved capacity, the service units equivalent
to the previously utilized capacity shall be subtracted from the total number of
service units attributable to the new development, and the amount of the impact
fee due shall be the number of additional service units multiplied by the impact
fee per service unit then in effect.
(3) The amount of each impact fee due shall be reduced by any allowable credits in
the manner provided in section 114 -106 of this Code.
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(4) The amount of each impact fee due for a new development shall not exceed an
amount computed by multiplying the maximum impact fee per service unit in
effect at the time the new development was assessed by the number of service
units generated by the development.
(5) if the property owner proposes to increase the number of service units for
development following payment of the impact fee, the additional impact fees
collected for such new service units shall be determined in the same manner as
provided in this section.
Sec. 114 -103. Determination of service units.
The number of service units attributable to a new development shall be determined by using the
following Equivalent Dwelling Unit Table established by the city council, which may be
amended from time to time:
Dwelling Units forYarious of
Continuous Duty
Meter Type Meter Size Maximum Rate Ration to 5/8" Meter
(gpm)
Simple
5/8" x' /4"
10
1
Simple
3/4 "
15
1.5
Simple
l"
25
2.5
Simple
1 %2 "
50
5
Simple
2"
80
8
Compound
2"
80
8
Turbine
2 ",
100
10
Compound
3"
160
16
Turbine
3"
240
24
Compound
4"
250
25
Turbine
4"
420
42
Compound
6"
500
50
Turbine
6"
920
92
Compound
8"
800
80
Turbine
8"
1600
160
Compound
10"
1150
115
Turbine
10"
2500
250
Turbine
12"
3300
330
Sec. 114 -104. Credits and /or offsets against impact fees.
(a) A property owner of a new development who constructs or finances a capital
improvement or facility expansion included in the capital improvements plan pursuant to
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a development agreement approved -by the city on or after August 12, 2004, shall, at the
city's election, either:
(1) receive a credit against the impact fees otherwise due from the new development
or
(2) be reimbursed for such costs from impact fees paid from other new developments
that will use such capital improvements or facility expansions, which fees shall be
collected and reimbursed to the property owner at the time the other new
development records its plat.
(b) A credit or offset associated with a plat shall be applied against an impact fee due at the
time that the first fee for the new development is collected, and thereafter to all
subsequently collected fees, until the credit or offset is exhausted
Sec. 114 -145. Accounting.
(a) All impact fees collected within the city and its extraterritorial jurisdiction shall be
deposited in a dedicated fund to which interest is allocated. All such amounts, together
with all interest earned thereon, shall be used solely for the purposes set forth in
subsection (b).
(b) The impact fess collected pursuant to this article shall be used in conformance with the
requirements of Chapter 395 of V.T.C.A. Local Government Code.
(c) Disbursement of funds shall be made at such times as are reasonably necessary to carry
out the purposes intended by this article; provided, however, that funds shall be expended
within a reasonable period of time, but not to exceed ten years from the date of payment.
(d) An owner of property for which an impact fee has been paid is entitled to a refund for all
or a portion of the fee in the following circumstances:
(1) Upon application, any impact fee or portion thereof collected pursuant to this
article, that has not been expended within the service area within ten years from
the date of payment, shall be refunded to the record owner of the property for
which the impact fee was paid together with interest pursuant to Section 395.025
of V.T.C.A. Local Government Code. However, if the impact fee was paid by
another political subdivision or governmental entity, payment shall be made to the
political subdivision or governmental entity. An impact fee shall be considered
expended on a first -in, first -out basis. An impact fee shall also be considered
expended if the total expenditure for facilities and improvements included in the
capital improvements plan, as may be amended from time to time, within the
service area within ten years following the date of payment, exceeds the impact
fees collected within the service area during such period.
(2) If a refund is due pursuant to paragraph (1), the city shall divide the difference
is between the amount of expenditures and the amount of the fees collected by the
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• total number of service units for which impact fees have been paid within the
service area for the period to determine the refund due per service unit. The
refund to the owner shall be calculated by:
a. Multiplying the refund due per service unit by the number of service
units of the development for which the fee was paid; and
b. Determining interest due based on the amount calculated under
subsection (d)(2)a.
(e) The city shall establish adequate financial and accounting controls to ensure that impact
fees disbursed from the fund are utilized solely for the purposes authorized. The city shall
maintain and keep financial records for impact fees, that shall show the source and
disbursement of all fees collected in or expended.
Sec. 114 -146. Impact fee appeals.
(a) The property owner or applicant for a new development may appeal the following
administrative decisions to the city manager:
(1) The applicability of an impact fee to the development;
(2) The amount of the impact fee due;
(3) Classification of the development under the equivalent dwelling unit table;
(4) The applicability of the credit or an offset to the development;
(5) The amount of a credit or of an offset; or
(6) The amount of a refund due, if any.
(b) The burden of proof shall be upon the applicant to demonstrate that the administrative
decision was not made in accordance with this article or applicable state law.
(c) The applicant shall file a written notice of appeal with the director within 30 days
following the date of the decision from which an appeal is made. If the notice of appeal
is accompanied by a payment or other sufficient security satisfactory to the department in
an amount equal to the original determination of the impact fee due, the development
application may be processed while the appeal is pending. Each appeal must include a
processing fee equal to $200.00.
(d) No person shall have any right to appeal for relief to any court in regard to any matter
covered by this article until after such person has exhausted the appeal procedure
provided for in this section.
Sec. 114 -107. Relief procedures.
Any person who has paid an impact fee, or an owner of land for which an impact fee has
been paid, may petition the city council to determine whether any duty required by this article or
by chapter 395 of the V.T.C.A. Local Government Code has not been performed within the time
so prescribed. The petition shall be in writing and shall state the nature of the unperformed duties
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• and request that the duties be performed within 60 days of the request. If the city council
determines that the duty is required pursuant to this article and is late in being performed, it shall
cause the duty to commence within 60 days of the date of the request and to continue until
completion. This subsection shall not apply to matters subject to appeal pursuant to section 114-
106.
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Section 5: 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 6: If any provisions, 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 7: 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 affirmative vote of the City Council of the
City of Baytown, this the 26`h day of August, 2004.
ATTEST:
dkR W. SMITH, City Clerk
APPRO�'IwD AS TO FORM:
IGNACIO RAMIREZ, S, City Attorney
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CALVIN MUNDMER, Mayor