Ordinance No. 10,158Published in the Baytown Sun on
September 30, 2005 and October 4,
ORDINANCE NO. 10,158 2005
• 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 "; SECTION 98 -59 "RATES," SUBSECTION (G) "VOLUME USERS ";
ARTICLE IV "SEWER SERVICE," SECTION 98 -91 "SEWER SERVICE
CHARGE," SUBSECTION (A) "RATE SCHEDULE "; AND SECTION 98 -91
"SEWER SERVICE CHARGE," SUBSECTION (F) "VOLUME USERS" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE
UTILITY FEES; CONTAINING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO 1100 DOLLARS ($500.00) FOR EACH VIOLATION
THEREOF; 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 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 ........ ..........................$9.49
b. All over 2,000, per 1,000 gallons .......... ..........................$3.60
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:
40
Chapter 98. UTILITIES
ARTICLE III. WATER SERVICE
See. 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 $2.35 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 3: 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:
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 .......... ............................... $9.49
(2) All over 2,000, per 1,000 gallons ................. ..........................$3.42
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
See. 98 -91. Sewer service charge.
(f) Volume users. A sanitary sewer service customer within the corporate limits who (1)
qualifies for a tax abatement under the city's tax abatement policy and (ii) uses more than
K
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 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 $2.10 per 1,000 gallons of water used per month or $2.10
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 $2.20 per 1,000 gallons of water used per month, or $2.20
per 1,000 gallons of wastewater delivered to the city if the wastewater is
metered as provided in this article.
Section 5: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a .fine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 6: 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 7: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the 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 not effect 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 S: 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 the passage of this ordinance.
INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of
Baytown, this the 27`b day of September, 2005.
® CALVIN MUNDINGER, Wayor
3
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ATTEST:
APPROVED AS TO FORM:
4AMCIOdRAMIR;EZ, Sr., aliAttomey
0 RAKaren\Files\City Council \Ordinances\2005\September 22 \UtilityFecsReviscd.doc