Ordinance No. 9,905Published in Baytown Sun on
Tuesday, October 19, 2004 and
ORDINANCE NO. 9905 Thursday, October 21, 2004
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE VI
" STORMWATER DRAINAGE," SECTION 98 -473 "MUNICIPAL DRAINAGE
UTILITY SYSTEM 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 "Stormwater drainage," Section
98 -473 "Municipal drainage utility system charges" of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
ARTICLE VI. STORMWATER DRAINAGE
Sec. 98 -473. Municipal drainage utility system charges.
(a) For purposes of interpreting and administering the provisions of this article, the words
defined in this subsection shall be given the meanings as follows. All other words shall
be given their common, ordinary meanings, as the context may reasonably suggest.
Impervious surface means an area composed of any material that impedes or prevents
natural infiltration of water into the soil. Impervious area shall include, but is not limited
to, roofs, decks, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets,
crushed stone and gravel surfaces.
Residential property means real estate on which is located a single family living unit.
The term expressly excludes:
(A) real estate improved with two or more single family living units;
(B) a multifamily complex;
(C) a mobile home or manufactured home park;
(D) a recreational vehicle park; and
(E) real estate used primarily for commercial purposes.
Single family living unit means a unified combination of rooms. that is designed for
residential use by one family and that contains kitchen and bathroom facilities.
Single family living unit equivalent means the impervious surface area of a nonresidential
property which corresponds to the impervious surface area of a residential property,
which for purposes of this article is 1,979 square feet. Any partial single family living
• unit equivalent is counted as one.
• Wholly sufficient and privately owned drainage system means land owned and operated
by a person other than the city's drainage utility system and which does not discharge
into a creek, river, slough, culvert, or other channel that is part of a city's drainage utility
system.
(b) Fee. The following schedule of drainage charges is hereby levied against all real
property lying within the city:
(1) Residential property.
Number of Single Family
Living Unit Equivalents
Monthly Charge
1
1 $0.68
(2) Nonresidential property.
Number of Single Family
Living Unit Equivalents
Monthly Charge
Less than 5
$1.71
6 to 10
$5.13
11 to 15
$8.56
16 to 20
$11.98
21 to 25
$15.40
26 to 30
$18.83
31 to 35
$22.25
36 to 40
$25.67
41 to 45
$29.10
46 to 50
$32.52
51 to 60
$37.66
61 to 70
$44.50
71 to 80
$51.35
81 to 90
$58.20
91 to 100
$65.04
101 to 150
$85.58
151 to 250
$136.93
Over 250
$205.40
(c) Exemptions. 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;
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• (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 city.
The determination of whether a person or property is exempt from this article shall be
made by the director of health.
(d) Billings and collection. All billings, credits, rules and other procedures relating to this
charge shall be subject to the provisions of V.T.C.A., Local Government Code, Section
402.041, et seq., and shall specifically include the following:
(1) There shall be a charge on each monthly utility statement for the municipal
drainage utility system pursuant to this article and as authorized herein. The
director of health is authorized to collect such charges in a manner consistent with
state law. The drainage fee will be a separate line item on the utility statement
and shall be clearly identified as a separate charge.
(2) Except as otherwise provided herein, billing, charges, penalties and collection
procedures shall be consistent with that of the water and sewer services. Water
and /or sewer services may be disconnected for failure to pay any or all of the
drainage system utility charges.
(3) The director may, from time to time, adopt rules for the administration of the
drainage charge.
(e) Appeals.
(1) The following matters may be appealed to the construction board of adjustments
and appeals:
a. Residential property billing can be appealed when the owner can offer
proof that the property is unimproved and therefore not subject to the
municipal drainage utility fee.
b. Nonresidential property billing can be appealed when the owner can offer
proof that an error was made with regard to the category of land
development, that the land is unimproved, or the amount of
imperviousness of the land development.
The construction board of adjustments and appeals shall render a written decision
on such appeals within a reasonable period of time after receiving a written notice
® of appeal from the landowner.
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! (f) Remedies. Violations of this article, including failure to pay, are declared to be civil in
nature, which may be enjoined by civil proceedings in state court, remedied as allowed
by Subchapter C of Chapter 402 of V.T.C.A., Local Government Code, including
termination of water and/or wastewater services in accordance with section 98 -62(i) of
this code.
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 14th day of October, 2004.
CALVIN MUNDINGER, Mayor
ATTEST:
(AR W. SMUTH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR. ity Attorney
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