Ordinance No. 2,42680309 ,}
ORDINANCE NO. 2426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT
OF CHAPTER 31, "UTILITIES," AMENDING ARTICLES IV AND V,
WATER AND SEWER SERVICE, BY INCREASING WATER AND SEWER
RATES FOR PERSONS OUTSIDE THE CITY LIMITS AND BY PRE-
SCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100
($200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT
HEREWITH TO THE EXTENT OF SUCH INCONSISTENCY; CON-
TAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUB-
LICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas is hereby amended by the amendment of Chapter
31, "Utilities," Article IV, Water Service, by the repeal of
subsection 31 -56(f) as presently constituted and by the
adoption of a new subsection 31 -56(f) which shall read as
follows, to wit:
Sec. 31 -56. Water rates.
(f) Service for property outside the city. Each resi-
dential and commercial user of water situated outside the
corporate limits of the City of Baytown and supplied with
water service by the City of Baytown shall be charged a
monthly service charge based upon the amount of water con-
sumption attributed to the user, as determined herein,
except that the charges shall be at the rate of two (2)
times the minimum charge and one and one -half (12) times the
rate for any additional usage charged to a user situated
within the corporate limits of the City of Baytown.
Section 2: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by the amendment of Chapter
31, "Utilities," Article V, Sewer Service, by the repeal of
Section 31 -65.1 as presently constituted and by the adoption
of a new Section 31 -65.1 which shall read as follows, to
wit.
80309 -2a
Sec. 31 -65.1. Sewer service charge for users without water
or outside city.
(a) Users without water. Persons not connected to the
waterworks system of the city shall be billed monthly by the
water department for sanitary sewer services at a rate
determined by the utility office manager, which rate shall
be consistent with the regular sewer service charge of
similar type premises or users receiving service from the
city. If a person desiring service uses water or maintains
premises in such a manner that a similar type user or premises
cannot be found, the utility office manager may recommend
for approval to city council such service charge and con-
ditions as he deems appropriate.
(b) Users outside the city limits.
(1) Capital charge. Upon application for sewer service
outside the city limits, persons receiving sewer
service from the city shall pay a one time capital
charge equal to $100 per residential connection or
equivalent, as determined by the director of
public works, to reimburse the city for prior
capital investment in trunk sewer and plant
construction in addition to any monthly sewer
service charge.
(2) Monthly service charges.
(i) Persons outside the city limits and receiving
water and sewer service from the city shall
pay a monthly sewer service charge of twice
the city's minimum charge and one and one -
half (1�) times the rate for any additional
usage charged to a user situated within the
corporate limits of the City of Baytown.
(ii) Persons outside the city limits and not
connected to the waterworks system of the
city shall be billed monthly by the water
department for sanitary sewer services at a
rate determined by the utility office manager
that produces a charge of twice the city's
minimum charge and one and one -half times the
rate for additional charges, such charges to
be based upon the regular sewer service
charge of similar type premises or users
receiving service from the city within the
city limits.
Section 3: Repealing Clause: 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.
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80309 -2b
Section 4: Savings Clause: If any provision, section,
exception, subsection, paragraph, sentence, clause or phrase
of this ordinance or the application of same to any person
or set of circumstances, shall for any reason be held uncon-
stitutional, 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 the end all provisions of this ordinance
are declared to be severable.
Section 4: Penalty Clause: Any person who shall
violate any provision of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction shall be punished
by a fine of not less than Ten ($10.00) Dollars, nor more
than Two Hundred ($200.00) Dollars. Each day of the con-
tinuance of such violation shall be considered a separate
offense and each and every day shall constitute a separate
violation.
Section 5: Effective Date: 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 in the official newspaper of the City of Baytown at
least twice within ten (10) days after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown, on this the 9th day
of lurch 1978.
/V940;7-
TOM GENTRY, ayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
TT 130T NDS, City Attorney
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