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ORDINANCE NO. 2096-3646 <br />AN ORDINANCE AMENDING CHAPTER 74 "UTILITIES" OF THE CODE OF <br />ORDINANCES OF THE CITY OF LA PORTE, TEXAS, RELATED TO CALCULATION <br />OF DEVELOPMENT FEES FOR DEVELOPERIOWNER FUNDING OF UTILITY LINE <br />EXTENSIONS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A <br />REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS <br />OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND <br />UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO <br />THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION <br />HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND <br />PROVIDING AN EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: <br />Section 1. Chapter 74, "Utilities," Article III "Water and Sewer Service Charges", Division 4 <br />"Utility Development Fees", of the Code of Ordinances of the City of La Porte, Texas, is hereby <br />amended by amending Section 74-287 "Required off-site extensions to serve property <br />development", which shall hereinafter read as follows, to wit: <br />"Sec. 74-287. - Required off-site extensions to serve property development. <br />(a) When water line or sanitary sewer line facilities are not available to serve a tract of land, the city <br />will construct or cause to be constructed public or private construction of an off-site extension of water <br />lines and/or sanitary sewer lines at the developer's expense to and through the subject tract. <br />(b) Applications for extension. <br />(1) Any developer/owner who desires an extension of city water or sanitary sewer lines to <br />serve his facility or property shall make written application to the planning and development <br />department to extend said water or sanitary sewer lines to and through the subject tract. The planning <br />and development department shall determine if the project applied for is feasible. <br />(2) The planning and development department may approve a project's feasibility within the <br />city if it is determined the project is feasible based upon, but not limited to, the following factors: <br />a. Economic practicability considering cost of project to city. <br />b. Anticipated revenue. <br />C. Availability of funds if the city's participation is sought or desired. <br />d. Engineering feasibility - construction plans must first be approved by city. <br />e. Plant capacity. <br />f. Trunk line capacity. <br />g. Benefits to city. <br />(3) If any developer/owner pays for and extends water and/or sanitary sewer lines, provided <br />that such extensions are in accordance with the city's Public Improvement Criteria Manual and are <br />accepted by the city for maintenance, then the following criteria are applicable as it relates to the <br />amount of development fees to be paid by the developer/owner: <br />a. If the calculated development fees are less than the cost to the developer/owner for said <br />installation, reference section 74-287(b)(4), below. <br />b. If the calculated development fees are more than the cost of said installation, the payment <br />of development fees shall not be required. <br />(4) In the event that the calculated development fees are less than the cost to the <br />developer/owner to install or extended any needed water and/or sanitary sewer utilities, the <br />owner/developer: <br />a. May apply for a utility extension agreement with the city. <br />