Ordinance No. 10,456Published in the Baytown Sun
on October 27, 2006 and on
ORDINANCE NO. 10.456 October 30, 2006
AN ORDINANCE OF THE CITY COL -NCIL OF THE CiTY OF BAYTOWN,
TEXAS, APPROVING THE AMENDMENTS OF THE LAND USE
ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN AND AMENDING
CHAPTER 114 "SEWER AND WATER LINE EXTENSIONS." ARTICLE IV
"IMPACT FEES," SECTION 114 -99 "IMPACT FEES; GENERALLY,"
SUBSECTION (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO INCREASE THE MAXIMUM IMPACT FEE PER SERVICE UNIT THAT
CAN BE ASSESSED AGAINST NEW DEVELOPMENT FOR WATER AND
WASTEWATER IMPROVEMENTS AND FACILITIES ATTRIBUTABLE TO
THE DEVELOPMENT PURSUANT TO 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.
WHEREAS, earlier this year. the City of Baytown reviewed and evaluated its current
land use assumptions; and
WHEREAS, after such review, the City Council caused an update of the capital
improvements plan to be prepared in accordance with Subchapter B of Chapter 395 of the Texas
Local Government Code (the "Act"); and
WHEREAS, on August 16, 2006. the Plamling and Zoning Commission, acting in its
authority as the Capital Improvements Advisory Committee, met and reviewed the preliminary
amendments to the land use assumptions, capital improvements plan and impact fee, and
WHEREAS, On September 14, 2006, the City Council received the update of the land
use assumptions. capital improvements plan, and impact fees, determined to amend the plan and
set a public hearing to discuss and review the update: and
WHEREAS, the Planning and Zoning Commission filed its written comments in
accordance with law; and
WHEREAS, on October 23. 2006, the City Council, after having published and mailed
notices in accordance with law, held a public hearing on the amendments to the land use
assumptions, capital improvements plan and impact fees: and
WHEREAS, the City Council finds that all prerequisites of law have been satisfied for
the periodic update required pursuant to Section 395.052 of the Texas Local Government Code;
and
WHEREAS, after considering the testimony given at the public hearing and the
comments received from the Planning and Zoning Commission, the City Council now desires to
amend the land use assumptions and capital improvements plan and to modify the maximum
allowable impact fee in accordance with this ordinance; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: All matters and facts set forth in the recitals above are found to be true and
correct.
Section 2: That the City Council of the City of Baytown, Texas. hereby approves the
land use assumptions, capital improvements plan and the modification to the maximum
allowable impact fee, which are included in the document entitled "Water and Wastewater
Capital Improvements Plan and Maximum Impact Fee Determination Update 2006- 2025," dated
September 2006. and which document is on file in the City Clerk's Office, and incorporated
herein by this reference for all intents and purposes.
Section 3: That Chapter 114 "Sewer and Water Line Extensions." Article IV "Impact
Fees," Section 114 -99 "Impact fees: generally," subsection (b) of the Code of Ordinances.
Baytown. Texas. is hereby amended to read as follows:
CHAPTER 114. SEWER AND «:ATER LINE EXTENSIONS
ARTICLE IN'. IMPACT FEES
Sec. 114 -99. Impact fees, generally.
(b) The maxinnun impact fee per service unit that can be assessed against new
development is established as a combined rate of $3,840.65 per service unit of
which $581.81 is attributable to water and 53,258.85 is attributable to wastewater.
The impact fee that shall be collected from new development is a combined rate
of $2,243.46 per service unit of which $324.47 is attributable to water and
S 1.918.99 is attributable to wastewater.
Section 4: 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 5: 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 6: 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
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the Caplion Of this orchmance io be puMed v we onicim iie\vspaper of t[ic city or Baylown at
least INvice "Whin ten ( 10) days aha rmsuge of Kis Mmu,
INTRODUCI".,J), READ aW PASSED by the ainnnadju vOW apt ou Chy Coundl of W,
(Ay of Bapown. this Oic 23r(J chvy c)f0cwber, 2006.
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S1jJ"H[-,'NTT, 1)()NCARLOS, Mayor