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Ordinance No. 4,27050926 -4 Published in: THE BAYTOWN SUN Monday, September 30, 1985 Tuesday, October 1, 1985 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 14, "Garbage, Trash, and Brush," of the Code of Ordinances of the City of Baytown is hereby amended by the repeal of Section 14 -16, Charge for Collection, as presently constituted and by the adoption of a new Section 14 -16 that shall read as follows: Sec. 14 --16. Charge for collection. Each occupied residential unit which receives City utilities shall be charged the sum of nine dollars ($9.00) per month for City refuse collection services. This charge is based on the availability of City removal and disposal services, and shall be collected regardless of whether or not the occupant of a residential unit places any refuse out for collection. When the owner of an unoccupied residential unit certifies in writing to the utility collections office that the unit is unoccupied, the monthly charge from that time forward shall not be assessed for howsoever long the unit remains unoccupied. Also, when the head of the household of a residential unit certifies in writing to the utility collections office that he /she is over sixty -five (65) years of age and that he /she will place no more than one (1) thirty - gallon can or one (1) thirty- gallon plastic bag of refuse at his /her residential unit for collection on each regularly scheduled collection day, the monthly charge will be the sum of six dollars and twenty -five cents ($6.25). In the case of multifamily dwelling unit projects, the monthly charge for collection of refuse shall be the sum of nine dollars ($9.00) times the number of occupied units in the project. Multifamily units which exceed eight (8) units will be considered commercial and no City collection service will be provided. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed, provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 3: 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 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. ORDINANCE NO. 4270 AN ORDINANCE AMENDING CHAPTER 141, "GARBAGE, TRASH, AND BRUSH," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN REQUIRING THE CHARGE FOR COLLECTION FOR ALL RESIDENTIAL UNITS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 14, "Garbage, Trash, and Brush," of the Code of Ordinances of the City of Baytown is hereby amended by the repeal of Section 14 -16, Charge for Collection, as presently constituted and by the adoption of a new Section 14 -16 that shall read as follows: Sec. 14 --16. Charge for collection. Each occupied residential unit which receives City utilities shall be charged the sum of nine dollars ($9.00) per month for City refuse collection services. This charge is based on the availability of City removal and disposal services, and shall be collected regardless of whether or not the occupant of a residential unit places any refuse out for collection. When the owner of an unoccupied residential unit certifies in writing to the utility collections office that the unit is unoccupied, the monthly charge from that time forward shall not be assessed for howsoever long the unit remains unoccupied. Also, when the head of the household of a residential unit certifies in writing to the utility collections office that he /she is over sixty -five (65) years of age and that he /she will place no more than one (1) thirty - gallon can or one (1) thirty- gallon plastic bag of refuse at his /her residential unit for collection on each regularly scheduled collection day, the monthly charge will be the sum of six dollars and twenty -five cents ($6.25). In the case of multifamily dwelling unit projects, the monthly charge for collection of refuse shall be the sum of nine dollars ($9.00) times the number of occupied units in the project. Multifamily units which exceed eight (8) units will be considered commercial and no City collection service will be provided. Section 2: 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 3: 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 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. 50926 -4a Section 4: The provisions of this ordinance shall become effective beginning with the first billing for the month of October, 1985. 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 newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 26th day of September, 1985. • f ATTEST: F EILEEN P. HALL, City Clerk APPROVED: ANDALL 9. STTWNG, City torney