Ordinance No. 10,414ORDINANCE NO_ 10,414
ddwpl. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 34 "ENVIRONMENT," ARTICLE V
"HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES," DIVISION
2 "PERMIT AND REGISTRATION," SUBDIVISION I "IN GENERAL,"
SECTION 34 -232 "FEES_" SUBSECTIONS (A) AND (B) OF THE CODE OF
ORDINANCES. BAYTOWN, TEXAS_ TO CHANGE THE RATE USED TO
DISCOUNT THE ADVANCE PAYMEWT TO THE INTEREST RATE THEN
PAID BY THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL
(TEXPOOL): CONTAINING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOW-N,
TEXAS:
Section 1: That Chapter 34 "Environment," Article V "Hazardous Substances,
Liquids and Gas Pipelines," Division 2 "Permit and Registration," Subdivision I "In General,"
Section 34 -232 "Fees," Subsections (a) and (b) of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 34. EN17IRON111ENT
ARTICLE V. HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES
DIVISION 2. PERI`IIT AND REGISTRATION
SUBDIVISION I. IN GENEI2_AL
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 govern rental entity, shall provide for the payment by the owner or
operator to the city of an initial permit fee in the amount of 5300.00 per pipeline and for
the payment of an annual fee in the amount of 5200.00 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_
(b) The owner or operator of a pipeline that must be registered under this article shall pay an
initial registration fee in the amount of $200.00 per pipeline and shall pay an annual fee
thereafter in the amount of $200.00 per pipeline per year, payable annually in advance on
or before the anniversary date of the registration of the pipeline. The owner or operator
may, at his election and option, pay in advance, at the time the registration fee is paid, the
aggregate amount of the annual fees to be thereafter payable for a number of years, not to
exceed 30 years, 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 such advance payment is made of such annual fees, no further annual fees
shall be payable during the specified number of years for which payment is made.
Section 2: 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 3: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the 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 effect 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 4: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, AND PASSED by the
s the 10 day of September, 2006.
X.
LORRI '4v Qity Clerk
APPROVED AS TO FORM:
Eel MAI Sy 11 ' �� 1
RAKaren \Files\City Councillordinances\2006 \September 14\ PipelineDiscountRateordinance .doc
vote of the City Council of
H. DONCARLOS, Mayor