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Ordinance No. 9,416Published in Baytown Sun on September 19, 2002 and September ORDINANCE NO. 9416 20, 2002. • AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98 -59 "RATES," SUBSECTION (A)(I) "RATE TABLE" AND SUBSECTION (G) "VOLUME USERS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO INCREASE WATER RATES; AMENDING CHAPTER 98 "UTILITIES," ARTICLE IV "SEWER SERVICE," SECTION 98 -91 "SEWER SERVICE CHARGE," SUBSECTION (A) "RATE SCHEDULE" AND SUBSECTION (F) "VOLUME USERS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO INCREASE SEWER RATES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -59 "Rates," Subsection (a)(1) "Rate table" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: Chapter 98. UTILITIES ARTICLE M. WATER SERVICE Sec. 98 -59. Rates. (a) Basic rate schedule. The basic water rate schedule shall be as follows: (1) Rule table. Gallons of Water Used per Month: Amount or Rate to be Charged: a. First 2,000 minimum monthly rate ..................... ..........................$7.50 All over 2,000, per 1,000 gallons ....................... ..........................$2.86 Section 2: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -59 "Rates," Subsection (g) "Volume users" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: Chapter 98. UTILITIES ARTICLE III. WATER SERVICE See. 98-59. Rates. (g) Volume users. A user of water within the corporate limits who: (i) qualifies for tax ® abatement under the city's tax abatement policy or is located within an established industrial district; and (ii) uses a minimum of 400,000 gallons of water per day shall be charged $1.70 per ® 1,000 gallons of water. The minimum usage shall be determined by dividing the total consumption during the billing period by the number of days in the billing period to determine the daily usage. Any user or customer who does not pay the amount due by the due date indicated on his statement shall be charged a late charge, as-provided in section 98 -61. 11 Section 3: That Chapter.98 "Utilities," Article 1V "Sewer Service," Section 98 -91 "Sewer service charge," Subsection (a) "Rate schedule" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: Chapter 98. UTILITIES ARTICLE IV. ' SEWER SERVICE Sec. 98 -91. Sewer service charge. (a) Rate schedule. The sewer service rate schedule shall be as follows: (1) First 2,000, minimum monthly rate .................. ..........................$7.50 (2) All over 2,000, per 1,000 gallons .................... ..........................$2.63 Section 4: That Chapter 98 "Utilities," Article IV "Sewer Service," Section 98 -91 "Sewer service charge," Subsection (f) "Volume users" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: Chapter 98. UTILITIES ARTICLE IV. SEWER SERVICE Sec. 98 -91. Sewer service charge. (f) Volume users. A sanitary sewer service customer within the corporate limits who (i) qualifies for a tax abatement under the city's tax abatement policy and (ii) uses more than 400,000 gallons of water per day shall be charged and shall owe each month a sewer service charge based upon (i) the consumption of water attributed to it as determined by article Ili of this chapter relating to water charges; or (ii) the actual wastewater flow as determined by a metering system approved by the city. Such charges shall be applied as follows: (1) If all of the user's water is purchased form the city, the sewer service charge shall be $1.40 per 1,000 gallons of water used per month or $1.40 per 1,000 gallons of wastewater delivered to the city if the wastewater is metered as provided in this article; or (2) If the user is not purchasing all of its water from the city, the sewer service charge shall be $1.50 per 1,000 gallons of water used per month, or $1.50 per 1,000 gallons of wastewater delivered to the city if the wastewater is metered as provided in this article. Section 5: 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 2 inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinances. Section 6: If any provisions, 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. Section 7: This ordinance shall take effect October I, 2001. 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 passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 12'x' day of September, 2002. dr, e PETE C. ALFARO, Wayor ATTEST: 6NRY W, SMITH, City Clerk APPROVED AS TO FORM: 40ii� �e� ACIO RAMIREZ, SR.,U SR., ' Attorney isF:Ueanene\My Documents\ Council\ 01 -02\ September\ AmendCh98TolnereaseWaterSewerRates .doc