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Ordinance No. 11,285ORDINANCE NO. 11,285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS. AMENDING CHAPTER 114 "SEWER AND WATER LINE EXTENSIONS." ARTICLE IV "IMPACT FEES," SECTION 114 -99 "IMPACT FEES: GENERALLY" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN. TEXAS. TO ADD A NEW SUBSECTION (D) TO PROVIDE FOR A WAIVER OR REDUCTION OF IMPACT FEES FOR PROPERTIES LOCATED IN A NEIGHBORHOOD EMPOWERMENT ZONE: 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 BAYTOWN. TEXAS: Section 1: That Chapter 114 "Sewer and Water Line Extensions," Article IV "Impact Fees." Section 114 -99 "Impact fees: generally' of the Code of Ordinances. Baytown. Texas, is hereby amended by adding a new subsection to be numbered subsection (d). which said subsection shall read as follows: CHAPTER 114. SEN'D'ER AND WATER LINE EXTENSIONS ARTICLE IV. IMPACT FEES Sec. 114 -99. Impact fees; generally. (d) The city council may reduce or waive an impact fee for service units located within a neighborhood empowerment zone created in accordance with ch. 378, V.T.C.A., Local Government Code that qualifies for such reduction or waiver under such zone, once the service unit is constructed. If the service unit is not constructed, the city council may reverse its decision to waiver or reduce the impact fee and the city council may assess an impact fee at any time during the development approval or building process or after the building process if an impact fee was not already assessed. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed: provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 affirmative ;V" of the City Council of the City of Baytown this the 14`h day of January. 2010. STEDf-fEN=ONCARLOS, 1 ACIO RAMIREZ. S ., ity Attorney R'UKaren\Files\City CounciAOrdinances120IOVanuary MimpaetFeeReductionWaiver.doc