Ordinance No. 12,744ORDINANCE NO. 12,744
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE I "IN GENERAL," SECTION 98 -1
"PRIORITY OF PAYMENT" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO ALLOW PARTIAL PAYMENTS TO BE
PROPORTIONATELY DISTRIBUTED AMONG ALL UTILITY- AND
GARBAGE - RELATED RECEIVABLES; PRESCRIBING A MAXIMUM
PENALTY OF 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 1: That Chapter 98 "Utilities," Article I "In General," Section 98 -1 "Priority
of payment" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 98. UTILITIES
ARTICLE I. IN GENERAL
Sec. 98 -1. Priority of payment.
If a payment is insufficient to cover the following utility- and garbage- related expenses:
(1) Surcharge pursuant to section 42 -63
(2) Municipal drainage utility fee pursuant to section 98 -473
(3) Miscellaneous fees, including, but not limited to those fees established in
sections 2 -619, 98 -57, 98 -58, 98 -61, 98 -62, 98 -64, 98 -93, and 98 -94
(4) Garbage and brush disposal fees pursuant to 86 -101
(5) Sewer service charges pursuant to sections 98 -91 and 98 -92; and
(6) Water service charges pursuant to section 98 -59,
then the partial payment will proportionately distributed among all such expenses, regardless of
any notation on the instrument of payment.
Section 2: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND N01100 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 permits.
Section 3: 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 4: 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 5: 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 new spa r of the City of Baytown at
least twice within ten (10) days after passage of this ordinance. 7
INTRODUCED, READ, and PASSED by the
City of Baytown, this the 11th day of December, 2014.
0
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
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NACIO RAMIREZ, S ., City Attorney
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vote of the City Council of the
H. DONCARLOS, Mayor