Ordinance No. 14,799ORDINANCE NO. 14,799
AN ORDINANCE OF THE CITY COUNCIL 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
INIPACT FEES; GENERALLY," SUBSECTION (B) AND SECTION 114-103
DETERMINATION OF SERVICE UNITS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, "1-0 AMEND T14E 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.
WIIFREAS, the City Council caused an update of the land use assumptions and capital
improvements plan to be prepared in accordance with Subchapter C of Chapter 395 of the Texas Local
Government Code (the "Act")- and
WHE-REAS, on July S, 2021, the City Council (i) reviewed and evaluated the current land use
aSSLn11pt1o11S; (ii) received update of the land use assumptions, capital improvements plan and proposed
impact fees; (iii) determined to amend the plan; and (iv) set it public hearing to discuss and review the
update; and
WI-11-REAS, on July 20, 2021. the Planning and Zoning Commission. acting in its authority as the
Capital Improvements Advisory Committee, met and reviewed the amendments to the land use
assumptions, capital improvements plan and impact fees; and
WHEREAS, on July 21, 2021, the Planning and Zoning Commission filed its written comments in
accordance with law; and
WHEREAS, on Auaust 26, 2021, 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 111aximurn allowable impact fee in
accordance with this ordinance; NOW THEREFORE,
BE ff 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 the City Council of the City of Baytown, Texas, hereby approves the land use
assumptions, capital improvements plan and the modifications to the maximum allowable impact fee, which
are included in the document entitled " 2021 Cost of Service Study: Water R Wastewater Impact Fees
update"dated July 2021,and which document ison file in the City Clerk's Office,and incorporated herein by this reference
forall 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)oftheCode of Ordinances,Baytown,Texas,is hereby amended to read as follows:
CHAPTER 114.SEWER AND WATER LINE EXTENSIONS
ARTICLE IV.IMPACT FEES
Sec.114-99.Impact fees,generally.
(b)The impact fee per service unit that shall be assessed against new development and collected is
established asa combined rate of $4,172.00 per service unit of which S857.00 is attributable to
water and $3,315.00 is attributable to wastewater.
Section 4:That Chapter 114 "Sewer and Water Line Extensions,"Article IV "Impact Fees,"Section 114-
103 "Determination of service units"of the Code of Ordinances,Baytown,Texas,is hereby amended to read as follows:
CHAPTER 114.SEWER AND WATER LINE EXTENSIONS
ARTICLE IV.IMPACT FEES
Sec.114-103.Determination of service units.
The number ofsen ice units attributable toa new development shall be detemiined by using the
following equivalent dwelling unit table established bythecity council,which may be amended from
time to time:
Equivalent Dwelling Units for Various TypesandSizesofWater Meters
Meter Type Meter Size
Continuous Duty
Maximum Rate (gpm)Ratio to 5/8"Meter
Simple 5/8 •'X Va"20 1.0
Simple V4"30 1.5
Simple 1"50 2.5
Simple Wi"100 5.0
Simple r 160 8.0
Compound 2"160 8.0
Turbine 2"160 8.0
Compound 3"320 16.0
Turbine 3"350 17.5
Compound 4"630 31.5
Turbine 4"500 25.0
Compound 6"1,000 50.0
Turbine 6"1,300 65.0
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 provision, 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°' day of August, 2021.
RANDON CAPETIL O, Mayor
Z lit/kV
KARON L. HORNER, City Attorney
R:\Karen Homer,DocumentsTites\City Council Ordinances2021'August 26.hnpactFeeUpdate0rdinance.doex