Ord. 0471-01 06-10-85ORDINANCE NO.
471-1
AN ORDINANCE AMENDING SECTIONS 7-54, 7-55, 7-56,
7-57 AND 7-58 OF THE CODE OF ORDINANCES OF THE
CITY OF PEARLAND, TEXAS; PROVIDING FOR CAPITAL
RECOVERY FEES FOR CITY WATER AND SANITARY SEWER
SERVICE; DEFINING TERMS; SETTING FORTH AMOUNT
AND USE OF FEES; REQUIRING PAYMENT PRIOR TO SERVICE;
HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1.
Sections 7-54, 7-55, 7-56, 7-57 and 7-58 of the
Code of Ordinances of the City of Pearland, Texas, shall
be and are hereby amended and shall read as follows:
"Section 7-54. Creation.
"There is hereby created a water capital recovery
fee and a sanitary sewer capital recovery fee for
the City of Pearland, Texas, for the purpose of
developing a capital reserve fund to be used to
defray the future capital costs for the construction
and maintenance of water production and distribution
facilities and sanitary sewer collection and treatment
facilities.
"Section 7-55. Definitions.
"For the purposes of this article the following
terms, phrases, words and their derivatives shall
have the meaning ascribed to them in this section.
In the event such terms are not defined in this
section, they shall be construed in their common
and usual significance.
"(a) Capital Recovery Fee shall mean a one time
fee which is paid prior to the first time the applicable
utility service is received at any residential unit
or commercial unit.
"(b) Residential Unit shall mean a facility intended
for occupancy as living quarters which provides
all normal domestic needs; kitchen, laundry and
bathroom facilities. The following shall be considered
to be included in this category: house, townhouse,
patio home, garden home, manufactured home, apartment,
condominium, mobile home, duplex home.
"(c) Partial Residential Unit shall mean a facility
intended for occupancy as living quarters which
does not provide all normal domestic needs; generally
providing only individual bathroom facilities.
The following shall be considered to be included
in this category: hotel room or suite, motel room
or suite, hospital room, nursing home room.
"(d) Commercial Unit shall mean each separate
industrial, commercial, institutional or recreational
facility, of whatsoever nature, which shall apply
or contract for service from the City's water and/or
sanitary sewer systems, and for water service for
which a meter has been or will be installed. Commercial
activities which have high water and sanitary sewer
usage may be assessed more than one "unit" fee,
based upon projected usage as determined by the
City Building Official.
-1-
"Section 7-56. Use and Disposition of Fees.
"All fees generated by this article shall be deposited
in a separate capital recovery fund and such fees
shall be used for capital expansion and maintenance
of water production and distribution facilities
and sanitary sewer collection and treatment facilities
and improvements related thereto.
"Section 7-57. Amount of Fee.
"The amount of capital recovery fee to be assessed
and collected for each residential and commercial
unit, inside and outside the corporate limits of
the City, shall be as determined by the City Council
from time to time and on file in the offices of
the City Secretary and City Building Official.
The capital recovery fee shall be assessed on a
unit basis or multiple thereof. The fee for partial
residential units shall be assessed on a unit basis
considering a unit to consist of three partial units,
or major fraction thereof, with a prorated meter
or interceptor cost plus the addition of prorated
common area square footage.
"Section 7-58. Payment of Fees.
"The capital recovery fees imposed by this Article
shall become due and payable:
"(a) Whenapplication is made for initial water
and/or sanitary sewer service at the unit; or,
"(b) When hookup to City water and/or sanitary
sewer service is mandated by City Council or by
the City Manager, Director of Public Works, or the
authorized agent of any of these; or,
"(c) When hookup to City water and/or sanitary
sewer service is required by operation of law.
"In all cases, however, the fees imposed by this
Article shall be paid in full prior to the initial
receipt of water service and/or sanitary sewer service
at the unit."
Section 2.
If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 3.
All Ordinances and parts of Ordinances in conflict
herewith are hereby repealed, but only to the extent of such
conflict.
Section 4.
It is the intent of the City Council of the City
of Pearland, Texas that this Ordinance shall be codified
in the City's official Code of Ordinances as provided hereinabove.
-2-
1
Section 5.
The City Secretary shall cause this. Ordinance, or
the caption hereof, to be published in the official newspaper
of the City of Pearland, Texas at least once within ten (10)
days after the passage of such Ordinance. This Ordinance
shall then become effective ten (10) days from and after
its publication, or the publication of its caption, in the
offical City newspaper.
day of
ATTEST:
PASSED AND APPROVED ON FIRST READING this the ail
yn7
City S4'cretary
PASSED. AND APPROVED ON SECOND AND FINAL READING
this the /0 day of
ATTEST:
idnat,
City, , ecretary
APPROVED AS TO FORM:
/�l r
Ctty Attorney
Luke L. Daniel
, La , A.D., 1985.
arJr-
yor Pro Tem
ty of Pearland, Texas
PUBLICATION DATE: JUNE 14, 1985
EFFECTIVE DATE: JUNE 24, 1985
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS
' VOTING RECORD (FIRST READING) MAY 28, 1985
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost,
Councilman Tetens, and Councilman Lentz.
Voting "No" - None
VOTING RECORD (SECOND READING) JUNE 10, 1985
Voting "Aye" - Councilman Tetens, Councilman Bost, Councilman Frauenberger,
and Councilman Gray.
Voting "No" - None
-3-