Ordinance No. 9,869Published Baytown Sun
ORDINANCE NO. 9869 Tuesday, Sept. 14, 2004
Thursday, Sept. 16, 2004
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF- BAYTOWN,
TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER
SERVICE," SECTION 98 -59 "RATES," SUBSECTION (A)(1) "RATE TABLE"
SUBSECTION (F) "SERVICE FOR PROPERTY OUTSIDE THE CITY," 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 "; AND SECTION
98 -92 "CHARGE FOR USERS WITHOUT WATER OR OUTSIDE CITY,"
SUBSECTION (B) "USERS OUTSIDE CITY LIMITS" 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.
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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 III. WATER SERVICE
Sec. 98-59. Rates.
(a) Basic rate schedule. The basic water rate schedule shall be as follows:
(1) Rate table.
Gallons of Water
Used per Month:
Amount or Rate
to be Charged:
a. First 2,000 minimum monthly rate ........ ..........................$8.83
b. All over 2,000, per 1,000 gallons .......... ..........................$3.35
Section 2: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -59
® "Rates," Subsection (f) "Volume users" of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
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Chapter 98. UTILITIES
ARTICLE III. WATER SERVICE
See. 98-59. Rates.
(f) Service for property outside the city.
(2) Monthly service charges. A person outside the city limits and authorized
by the director of utilities to receive water service from the city shall pay a
monthly water service charge equal to:
(a) the sum of-
(i) two times the city's minimum monthly rate for users within
the corporate limits and
(ii) 1 1/2 times the rate for any additional usage charged to a
user situated within the corporate limits; or
(b) any other amount as may be otherwise established and approved in
writing by the city council pursuant to a water supply agreement.
Section 3: 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:
Sec. 98-59. Rates.
(g) Volume users. A user of water within the corporate limits who: (1) 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 $2.19 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.
Section 4: That Chapter 98 "Utilities," Article IV "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:
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• 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 ............... ..........................$8.83
(2) All over 2,000, per 1,000 gallons ................. ..........................$3.18
Section 5: 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 (1) the consumption of water attributed to it as
determined by article III 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 from the city, the sewer service
charge shall be $1.95 per 1,000 gallons of water used per month or $1.95
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 $2.05 per 1,000 gallons of water used per month, or $2.05
per 1,000 gallons of wastewater delivered to the city if the wastewater is
metered as provided in this article.
Section 6: That Chapter 98 "Utilities," Article IV "Sewer Service," Section 98 -92
"Charge for users without water or outside city," Subsection (b) "Users outside city limits" of the
• Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
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0 Chapter 98. UTILITIES
ARTICLE IV. SEWER SERVICE
Sec. 98 -92. Charge for users without water or outside city.
(b) Users outside city limits.
(1) A person outside the city limits and authorized by the director of utilities
to receive sewer service from the city shall pay a monthly sewer service
charge equal to:.
a. the sum of:
(1) two times the city's minimum monthly rate for users within
the corporate limits and
(ii) 1 1/2 times the rate for any additional usage charged to a
user situated within the corporate limits; or
b. any other amount as may be otherwise established and approved in
writing by the city council pursuant to a wastewater disposal
agreement.
(2) A person outside the city limits and not connected to the city waterworks
system shall be billed monthly by the utility billing division for sanitary
sewer services at a rate determined by the utility billing supervisor that
produces a charge of twice the city's minimum charge and 1 1/2 times the
rate for additional charges, such charges to be based upon the regular
sewer service charge of similar type premises or users receiving service
from the city within the city limits.
Section 7: 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 ordinances.
Section 8: 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 9: This ordinance shall take effect October 1, 2004. 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.
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INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 9`h day of September, 2004.
C�- '��Y , )
CALVIN MUNDINGER,
ATTEST:
OLWO W. SMITH, City Clerk
APPROVED AS TO FORM:
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e+KNACIO RAMIREZ, SR., C Attorney
1 \Bdc2\litigation\Karen \Files \City Council\ Ordinances\ AmendCh98TolncreaseWaterSewerRates2004 .doc