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Ordinance No. 16,273 (Item 5.c.) ORDINANCE NO. 16,273 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98-55 "UTILITY UPGRADE SURCHARGE", SECTION 98-56 "DEPOSITS AND REFUNDS," SUBSECTION (B) "AMOUNT OF DEPOSIT," SECTION 98-61.5 "VACANT PROPERTY," AND SECTION 98-62 "PROCEDURES AND REMEDIES FOR NONPAYMENT OF BILLS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO DELETE THIS SECTION 98-55, UPDATE CERTAIN SERVICE FEES, AND ADD NEW SERVICE FEES RELATED TO UTILITY SERVICES PROVIDED BY THE CITY OF BAYTOWN; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO.,100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That Chapter 98 "Utilities," Article III "Water Service," Section 98-55 "Utility Upgrade Surcharge," is hereby deleted in its entirety. Section 2: That Chapter 98 "Utilities,"Article III "Water Service," Section 98-56"Deposits and refunds," Subsection (b) "Amount of deposit" of the Code of Ordinances of the City of Baytown,Texas, is hereby amended to read as follows: CHAPTER 98. UTILITIES ARTICLE 111. WATER SERVICE See. 98-56.-Deposits and refunds. (b) Amount or deposit. (1) A residential consumer occupying a single-family dwelling house shall be required to place on deposit the amount of$100.00 if he is the owner of the dwelling house; however, a residential consumer occupying a single-family dwelling house shall be required to place on deposit the amount of$200.00 if he is not the owner of the dwelling house. Section 3: That Chapter 98 "Utilities," Article III "Water Service," Section 98-61.5, "Vacant Property" of the Code of Ordinances of the City of Baytown,Texas, is hereby amended to read as follows: CHAPTER 98. UTILITIES ARTICLE IV. SEWER SERVICE Sec. 98-61.5.—Vacant property. (a) If a residential customer desires to have water service temporarily turned on for a period of less than 30 days at a vacant property, a $100.00 temporary connection charge will be assessed prior to any water usage at the vacant property. (b) If a commercial customer desires to have water service temporarily turned on for a period of less than 30 days at a vacant property, a $300.00 temporary connection charge will be assessed prior to any water usage at the vacant property. (c) If there is unauthorized use of water on property that is vacant or closed for non-payment, an unauthorized use fee of$500.00 shall be assessed and collected prior to the water being turned on again at the property. Section 4: That Chapter 98 "Utilities," Article III "Water Service," Section 98-62, "Procedures and remedies for nonpayment of bills " of the Code of Ordinances of the City of Baytown,Texas,is hereby amended to read as follows: CHAPTER 98. UTILITIES ARTICLE IV. SEWER SERVICE Sec. 98-62. -Procedures and remedies for nonpayment of bills. (b) If the water meter has been turned off and locked for nonpayment of charges for water services and it is turned on again by anyone other than authorized personnel a S 100.00 broken lock fee will be assessed. If it becomes necessary to pull the meter, an additional $500.00 pull-meter fee will be added to the account. If, in the opinion of the utility billing manager,the turning off of the water at the curb stop or removal of the meter or the locking of the curb stop is not sufficient protection for the city against the use of water, waste or misuse of water,the utility billing manager may cause the water to be cut off and the service line to be cut and plugged. If the meter technicians have to pull an illegal "straight line," the police will be contacted and a $1,000.00 pull-straight-line fee assessed. Upon a reapplication for water service, all applicable fees and unauthorized consumption must be paid. (e) If any person damages or destroys any city property used for measuring or distributing water, the utility billing manager shall collect from such person a sum equal to such 2 destroyed or damaged property,but not less than$10.00. A$60.58 service charge will also be assessed to make the needed repairs. (f) Customers may request their meters be reread once a year for a fee of$10.00. Subsequent requests will be assessed a$25.00 reread meter fee,if the reading is accurate. If the reading is incorrect, no fee will be assessed and the account will be adjusted to reflect the correct reading. If any person requests that his water meter be tested,the city utility billing division shall test the meter. If the meter test shows that the meter registers more water than actually consumed,the last bill shall be corrected according to the test result,and the meter shall be repaired or replaced. If the meter test shows that the meter correctly registers or registers less water than actually consumed, the customer shall be charged a meter test fee. The meter test fee for five-eighths-inch and one-inch meters is $60.58. Meter tests for meters larger than one inch will be billed actual cost. Section 5: Every person convicted of a violation of any provision of this ordinance herein shall be punished by a fine not exceeding FIVE HUNDRED AND NO 100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief,administrative adjudication and revocation of licenses or pen-nits. Section 6: 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 7: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this 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 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 8: This ordinance shall take effect for all billings occurring on or after the first full billing cycle after November 1, 2025. 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. 3 INTRODUCED, READ, and PASSED by the affirmative vote of the Cit Coun ' f the City of Baytown this the 9"day of October, 2025. CARLES JO ayor ~ ALEST: �OF�p,YYOyyy,�` ® 'o ANGELA ACKS APPROVED AS TO F OF SCOTT LEMTD, City Attorney R.Ordinances and Resolutions Ordinance Drafts 2025-10-09 ord-utility fees-SL docx 4