Ordinance No. 3,317Published: The Baytown ;3un 2021.1--1
,,ednesday, February 17, 19 "02
0.'DINANCE NO. 3317
AN ORDINANCE AMENDING ARTICLE IV, "WATER SERVICE" OF
CHAPTER 31, "UTILITIES" BY THE ADDITION OF TWO NEW
SECTIONS, SECTION 31 -61, ENTITLED "METERING WATER NOT
DISCHARGED INTO SANITARY SEWER SYSTEM FOR PURPOSE OF
DETERMINING CHARGE ", AND SECTION 31 -62, ENTITLED "STUD`
TO DETERMINE CHARGE TO USERS WHERE PORTIONS OF WATER
NOT DISCHARGED INTO SEWER ", AND AMENDING ARTICLE V,
"SEWER SERVICE" OF CHAPTER 31, "UTILITIES ", BY THE
ADDITION OF A NEW ;SECTION, SECTION 31 -68, ENTITLED "NO
CHARGE FOR WATER NOT DISCHARGED INTO SEINER "; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRO-
VIDING FOR A PENALTY; AND PROVIDING FOR 'I'Hr PUBLICAr',IOi4
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 is hereby amended by the addition of Article IV
"Water Service" of Chapter 31, "Utilities" of two new sections,
Section 31 -61 entitled "Metering water not discharged into
sanitary sewer system for purpose of determining charge ",
and Section 31 -62, entitled. "Study to determine charge to
users where portion of water not discharged into sewer ",
which shall read as follows:
ARTICLE IV.
WATER SERVICE
Sec. 31 -61. Metering water not discharged into sanitary
sewer system for purpose of determining charge.
(a) Any commercial, industrial, multi -unit, public
utility, and /or public school owning or having control
of property on which there is located one or more
facilities requiring water, and such water provided to
any one or more such facilities is not discharged into
the sanitary sewer system of the City, may, at the
owner's own expense, have installed by the City a water
meter of a type and design, and at a location approved
by the Director of Public Works.
(b) Any facility that does not discharge into the
City's sewer system and the water to which is furnished
by the City's water system, shall be metered by a City
water meter connected to a separate service Line from
the City water main and located in the utility easement,
upon t;le making of application therefor by the owner of
such property and snaking the required deposits paying
the cost of meter installation and tap fees provided
for by this chapter. Such meter shall be read by the
City's meter readers and will be subject to the estab-
lished water rates and charges oC the City the same as
any other metered water connection to a City main.
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(c) No person, partnership, corporation, association,
or entity shall be allowed to disconnect a water meter
which meters a facility not discharging into the City's
sanitary sewer system as stated herein and then reconnect
such meter to the City's water system within a twelve
(12) month period.
(d) Any person representing to the City that the
facility for which a meter is installed under the
provisions hereof does not discharge waste into the
City's sanitary sewer system when, in fact, it does, or
any person having facilities for which such a meter is
installed who subsequently connects such facility to
the City's sanitary sewer system without notifying the
Director of Public Works shall be guilty of a Class C
misdemeanor punishable by a fine not to exceed $200.00.
Each and every day that such violation continues shall
constitute a separate offense punishable as such.
Sec. 31 -62. Study to determine charge to users where portion
of water not discharged into sewer.
(a) The provisions of this section shall apply to
those water users stated in Sec. 31 -61 who have facilities
connected to the sanitary sewer system of the City and
who make application to the Director of Public Works
under the provisions hereof.
(b) Any water user owning or having control of property
on which there is located one or more facilities requiring
water and such water provided to any such facility is
not discharged into the sanitary sewer system of the
City, may make application to the Director of Public
Works requesting that a study of the applicant's property
and facilities be made for the hereinafter stated
purpose and paying the fee herein provided.
(c) Requests for service under this section shall be
made to the Director of Public Works. The applicant
shall furnish all the information and other matters
requested therein. The fee for making any study under
the provisions hereof shall be Thirty Five & No /100
($35.00) Dollars. No fee shall be required for studies
initiated by the Director of Public Works subsequent to
the first application. The fee is to reimburse the
City for the expense of making the study. Each applicant
shall agree, as a condition precedent to the Director
or his representative conducting the study and tests
provided for herein, including those initiated by the
Director, to indemnify and hold harmless the City of
and from any and all such liability for any act or
omission by the City, its agents and employees, committed
while conducting the studies and tests provided for
herein, causing or resulting in damages to the property
or person of the applicant, his agents, employees and
invitees.
(d) Upon receipt of a request and the fee required
herein, the Director of Public Works will, as soon as
possible, make a study of the applicant's property and
facilities. In those instances where, in the opinion
of the Director based upon a study of the property and
facilities of the applicant, it is impractical or
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20211 -1b
unfeasible for the applicant to install one or more
meters to measure the amount of water passing through
the water meter serving such property and not being
discharged into the sanitary sewers of the City, the
Director is authorized to deny such request.
(e) The Director of Public Works is authorized, at his
discretion or on written request from an applicant, to
make such additional studies from time to time of any
such property and facilities to check the current
accuracy of the filed study on any such property, and
if it is determined that the filed study is inaccurate,
a new study based upon the latest available data, shall
be filed with the Public Works Director to replace the
prior one. No change in the basis of computing the
sewer service charge for any property will be made
until the first billing date after the filing by the
Director of the first or any subsequent report. Requests
by an applicant for a restudy under the provisions
hereof will not be accepted or acted on more often than
once in every twelve -month period (annually) subsequent
to the filing of the first report on the applicant's
property.
(f) In the event it is necessary that certain testing
instruments be installed, or that existing equipment,
or facilities located on the applicant's property be
altered, adjusted, disconnected or temporarily moved in
order to facilitate the making of an engineering study
or test under the provisions of this section, all of
the foregoing shall be done by and at the expense of
the applicant.
Section 2: That the Code of Ordinances of the City of
Baytown is hereby amended by the addition to Article V, "Sewer
Service" of Chapter 31, "Utilities ", a new section, Section
31 -68, entitled "No sewage charge for water not discharged into
sewer ".
ARTICLE V
SEWER SERVICE
Sec. 31 -68. A person, partnership, association, corporation
or entity shall not be charged for sewer service
based on water consumption as delineated in this
article where such user has a facility or facili-
ties not discharging into the City's sanitary
sewer system and metered under Article IV, Sections
31 -61 and 31 -62.
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
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20211 -1c
regulating and governing the subject matter covered by this
ordinance.
Section 3: Any offense under this chapter for which
another penalty is not provided is a misdemeanor punishable by
a fine of not less than One ($1.00) Dollar nor more than Two
Hundred ($200.00) Dollars, and each violation shall constitute
a separate offense.
Section 4: If any provision, section, exception, sub-
section, 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 unconstitutional,
void or invalid, such invalidity shall. not affect the validity
of the remaining provisions of this ordinance or their
application to the persons or set 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 after 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 newspaper of the City of Baytown at least twice
within (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 11th
day of February , 1982.
4zz4e
T 0 . H TTO , Mayor
ATT ST:
0, -
EILEEK P. HALL,-City Clerk
APPROVED:
ANDALL B. STRONG, Ci ttorney
ME