Ordinance No. 9,671Published in Baytown Sun
on Tuesday, November 18,
ORDINANCE NO. 9671 2003 and Thursday,November
20, 2003
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE VI "STORM WATER DRAINAGE"
OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY ADDING A SECTION TO BE NUMBERED AND ENTITLED SECTION
98 -473 "MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES" TO
ESTABLISH AND LEVY A SCHEDULE OF DRAINAGE CHARGES;
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 VI "Storm Water Drainage" of the
Code of Ordinances, City of Baytown, Texas, is hereby amended by adding a section to be
numbered and entitled Section 98 -473 "Municipal drainage utility system charges," which said
section shall read as follows:
CHAPTER 98. UTILITIES
ARTICLE VL STORM WATER DRAINAGE
Sec. 98 -473. Municipal drainage utility system charges.
(a) The initial monthly charges for the municipal drainage utility system shall be based upon
water and/or sewer utility accounts. Customers will be charged one dollar ($1.00) per
month per account.
(b) The following are exempt from the payment of the municipal drainage utility system
charges:
(1) a state agency, a public institution of higher education, and the city;
(2) property with proper construction and maintenance of a wholly sufficient and
privately owned drainage system;
(3) property held and maintained in its natural state, until such time that the property
is developed and all of the public infrastructure constructed has been accepted by
the City for maintenance; and
(4) a subdivided lot, until a structure has been built on the lot and a certificate of
occupancy has been issued by the municipality in which the property is located.
0
® Determination of whether a customer is exempt from this provision shall be by the
director of health, or designated representative.
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ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of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 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 4: 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 passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 13th day of November, 2003.
ATTEST:
i
(fX&Y It. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR CI y Attorney
A;�_ C.
PETE C. ALFAR0,14ayor
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