Ordinance No. 9,04420001130 -3
ORDINANCE NO. 9044
® AN 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.
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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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
20001130 -3a
® 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.
ATTEST:
City Clerk
APPROVED AS TO FORM:
® c: k1h2571 Council) Ordinances \SettingMaxRates4Bay0aksHarbor
2
1YI2.2 C-
PETE C. ALFARO, MAyor
Bay Oaks Harbor Water System
John M. Fultz, Temporary Manager
Water Tariff
SECTION 1.0 - RATE SCHEDULE
Section 1.01 - Rates
Meter Size Monthly Base Rate Gallonage Charge
Residential
5/8" or 3/4" $ 15.00 (INCLUDING 0 GALLONS) $2.56
per 1000 gallons
same for all meter sizes
(Current City Charge $2.56)
Commercial $ 100.00 $2.56
Plus $15 per Inhabited Residence per 1000 gallons
SURCHARGE Residential & Commercial $0.50
per 1000 gallons
REGULATORY ASSESSMENT 1.0%
A REGULATORY ASSESSMENT, EQUAL TO ONE PERCENT
OF THE CHARGE FOR WATER SERVICE ONLY, SHALL
BE COLLECTED FROM EACH CUSTOMER
Section 1.02 - Miscellaneous Fees
TAP FEE
TAP FEE IS BASED ON THE UTILITY'S ACTUAL COST FOR
MATERIALS AND LABOR FOR STANDARD RESIDENTIAL
CONNECTION OF 5/8" or 3/4" METER.
RECONNECTION FEE
THE RECONNECT FEE WILL BE CHARGED BEFORE SERVICE
CAN BE RESTORED TO A CUSTOMER WHO HAS BEEN
DISCONNECTED FOR THE FOLLOWING REASONS:
a) Non payment of bill (Maximum $25.00)
b) Customer's request
TRANSFER FEE
THE TRANSFER FEE WILL BE CHARGED FOR CHANGING
AN ACCOUNT NAME AT THE SAME SERVICE LOCATION
WHEN THE SERVICE IS NOT DISCONNECTED.
LATE CHARGE
A ONE TIME PENALTY MAY BE MADE ON DELINQUENT
BILLS BUT MAY NOT BE APPLIED TO ANY BALANCE TO
WHICH THE PENALTY WAS APPLIED IN A PREVIOUS BILLING.
RETURNED CHECK CHARGE
CUSTOMER DEPOSIT (Maximum $50)
® METER TEST FEE (actual cost of testing the meter up to)
THIS FEE MAY BE CHARGED IF A CUSTOMER REQUESTS A
SECOND METER TEST WITHIN A TWO YEAR PERIOD AND
THE TEST INDICATES THAT THE METER IS RECORDING ACCURATELY.
c:kll1257\Finance \Tarr if - -W ateTRec
Water Tariff, Page Solo EXHIBIT aA
$500.00
$25.00
$30.00
$25.00
$5.00
$25.00
$50.00
$25.00
�J
Bay Oaks Harbor Water System
John M. Fultz, Temporary Manager
Sewer 'Tariff
SECTION 1.0 - RATE SCHEDULE
Section 1.01 - Rates
Monthly Base Rate
Residential $ 20.00 (INCLUDING 0 GALLONS)
Commercial $ 100.00 (INCLUDING 0 GALLONS)
Plus $20 per Inhabited Residence
SURCHARGE Residential & Commercial
Section 1.02 - Miscellaneous Fees
Gallonage Charlie
$2.33
per 1000 gallons
same for all meter sizes
(Current City Charge $2.33)
$2.33
per 1000 gallons
$0.50
per 1000 gallons
same for all meter sizes
TAP FEE
$500.00
TAP FEE IS BASED ON THE UTILITY'S ACTUAL COST FOR
MATERIALS AND LABOR FOR STANDARD RESIDENTIAL
CONNECTION.
RECONNECTION FEE
THE RECONNECT FEE WILL BE CHARGED BEFORE SERVICE
CAN BE RESTORED TO A CUSTOMER WHO HAS BEEN
DISCONNECTED FOR THE FOLLOWING REASONS:
a) Non payment of bill (Maximum $25.00)
$25.00
b) Customer's request
$30.00
TRANSFER FEE
$25.00
THE TRANSFER FEE WILL BE CHARGED FOR CHANGING
AN ACCOUNT NAME AT THE SAME SERVICE LOCATION
WHEN THE SERVICE IS NOT DISCONNECTED.
LATE CHARGE
$5.00
A ONE TIME PENALTY MAY BE MADE ON DELINQUENT
BILLS BUT MAY NOT BE APPLIED TO ANY BALANCE TO
WHICH THE PENALTY WAS APPLIED IN A PREVIOUS BILLING.
RETURNED CHECK CHARGE
$25.00
CUSTOMER DEPOSIT (Maximum $50)
$None
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Sewer Tariff, Page Solo EXHIBIT A