SettingMaxRates4BayOaksHarborAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE MAXIMUM PERMITTED WATER AND SEWER UTILITY RATES PROVIDED BY JOHN M. FULTZ, TEMPORARY MANAGER, BAY OAKS HARBOR,
SECTION I; SETTING FORTH OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, THE City of Baytown, Texas (the “City”) has exclusive original jurisdiction over all water and sewer utility rates provided
within its corporate limits; and
WHEREAS, John M. Fultz, who has been appointed by the Texas Natural Resource Conservation Commission (“TNRCC”) as Temporary Manager for Bay Oaks Harbor,
Section I, has requested the City’s approval of the proposed rates; and
WHEREAS, both the City as well as the TNRCC rate specialist have reviewed the submitted rates and find the same
to be fair, just, and reasonable; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council hereby adopts and affirms the findings
and recitals set forth in the preamble to this Ordinance.
Section 2: That the City Council having reviewed the rates submitted by John M. Fultz, the TNRCC-appointed Temporary Manager
for Bay Oaks Harbor, Section 1, hereby finds and determines the water and sewer rates, which are attached hereto as Exhibit “A” and incorporated herein for all intents and purposes,
to be fair, just, and reasonable. Such rates are declared to be the maximum rates permitted to be charged for water and sewer services in Bay Oaks Harbor, Section 1.
Section 3: That
in adopting this Ordinance, the City Council of the City of Baytown is not approving or acquiescing in any way whatsoever to cost data and/or methodologies not specifically addressed
in this ordinance. Furthermore, the City Council is not waiving any rights to which it is entitled.
Section 4: 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this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative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 5: 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 6: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ, and
PASSED by the affirmative vote of the City Council of the City of Baytown, this the 30th day of November, 2000.
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PETE C. ALFARO, Mayor
ATTEST:
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GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
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IGNACIO RAMIREZ, SR., City Attorney
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