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Ord. 0471 04-09-84ORDINANCE NO. 471 AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING THERETO A NEW ARTICLE IV TO BE ENTITLED "CAPITAL MAINTENANCE AND RECOVERY FEES;" PROVIDING FOR AN EFFECTIVE DATE; A SAVINGS CLAUSE; AND CONTAINING OTHER PROVI- SIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION I That Chapter 7 of the Code of Ordinances of The City of Pearland, Texas, be and the same is hereby amended by adding thereto a new Article IV to be entitled "Capital Maintenance and Recovery Fees," which Article shall hereafter read as follows: "Article IV. CAPITAL MAINTENANCE AND RECOVERY FEES. "Section 7-54. Creation. "There is hereby created a capital maintenance and 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 distribution, transmission and treatment facilities for water and sanitary sewers. "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) Residential Unit shall now mean a house, town- house, patio home, garden home, apartment, condominiums, modular home, mobile home, duplex homes, a group of rooms or a single room, or any other separate or individual space intended for occupancy as living quarters. "(b) Commercial Unit shall mean each separate indus- trial, commercial, institutional or recreational facility, of whatsoever nature, which shall apply or contract for service from the City's water and/or sanitary sewer system and for which a meter has been or will be installed. "Section 7-56. Use and Disposition of Fees. "All fees generated by this article shall be deposited in a separate capital maintenance and recovery fund and such fees shall not be used for any purpose except that of capital expansion and maintenance of the distribution, transmission and treatment facilities for water and sanitary sewer. "Section 7-57. Amount of Fee. "The amount of capital maintenance and 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 inspector. "Section 7-58. Payment of fee. "The capital maintenance and recovery fee imposed by this article shall be paid in full at the time of the issuance of a building permit." SECTION II If any section, paragraph, clause, or sentence shall be declared void or unenforceable or unconstitutional, it is hereby declared the intention of the City Council of The City of Pearland, Texas, that the remainder of such ordinance shall remain in full force and effect. SECTION III It is the intention of the City Council, and it is hereby ordained, that the provisions of this Ordinance shall be made part of the Code of Ordinances, City of Pearland, Texas, and the sections of this Ordinance may be renumbered to accomplish such intention. -2- SECTION IV All provisions of the Code of Ordinances of The City of Pearland, Texas, in conflict with amendments herein made are hereby expressly repealed to the extent of such conflict. SECTION V This Ordinance shall be effective and in full force on the tenth day after its publication in the official newspaper of The City of Pearland, Texas. PASSED AND APPROVED ON FIRST READING this age day of , A.D. 1984. THE CITY •L PEARLAN THOMAS J. REID ' Mayor ATTEST: OROT Y COOK/ C ty Secretary PASSED AND APPROVED ON SECOND AND FINAL READING this T day of 4 ATTEST: ROTHY COOK,cretary APPROVED AS TO FORM: BOB . WILLIAMS, Ci s ttorney EFFECTIVE DATE: April 23, 1984 , A.D. 1984. THE CITY OF PEARLAND, AS THOMAS J. REayor VOTING RECORD (FIRST READING) MARCH 26, 1984 - Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Gray and Councilman Frauenberger "No" - None VOTING RECORD (SECOND READING) APRIL 9, 1984 "Aye" - Councilman Frauenberger, Councilman Gray Councilman Bost, Councilman Mack and Councilman Lentz "No" - None -3- CAPITAL MAINTENANCE AND RECOVERY FEE SCHEDULE PURSUANT TO CHAPTER 7, ARTICLE IV, CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS The fees to be assessed and collected for Capital Main- tenance and Recovery for water and sewer shall be as follows: I. WATER CAPITAL MAINTENANCE FEE 1. Residential or commercial service per unit: (a) Inside Corporate Limits: $550.00 + meter cost + 104 per square foot of building floor space or living area. (b) Meter Cost per pipe size: 5/8" $ 50.00 1" 115.00 1-1/2" 345.00 2" 450.00 3" 1,560.00 4" 2,000.00 5" and over To be determined by building inspector (c) Outside Corporate Limits: $800.00 + meter costs + 154 per square foot of building floor space or living area. (d) Meter Cost 5/8" $ 60.00 1" 130.00 1-1/2" 355.00 2" 500.00 3" 1,700.00 4" 2,500.00 5" and over To be determined by building inspector II. SEWAGE CAPITAL MAINTENANCE FEE 1. Residential or commercial service per unit: (a) Inside Corporate Limits: $400.00 + $130.00 interceptor costs + 104 per square foot of building floor space or living area. (b) Outside Corporate Limits: $450.00 + $200.00 interceptor costs + 154 per square foot of building floor space or living area.