Ordinance No. 10,366 Published in the Baytown
Sun on August 2, 2006 and
ORDINANCE NO. 10,366 August 3, 2006
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 2
"ADMINISTRATIVE FEES AND CHARGES" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD TWO NEW SECTIONS TO
BE NUMBERED AND ENTITLED SECTION 2-619 "SERVICE CHARGE ON
RETURNED CHECKS FOR NON-SUFFICIENT FUNDS AND FOR ALL
OTHER UNPAID TRANSFERS VIA ELECTRONIC PAYMENT
INSTRUMENTS" AND SECTION 2-620 "METHOD OF PAYMENT ON
RETURNED CHECKS" TO ESTABLISH A TWENTY-FIVE AND NO/100
DOLLARS (S25.00) SERVICE CHARGE ON DISHONORED CHECKS,
DRAFTS AND OTHER INSTRUMENTS; AND AMENDING CHAPTER 98
"UTILITIES," ARTICLE III `WATER SERVICE," SECTION 98-62
"PROCEDURES AND REMEDIES FOR NON-PAYMENT OF BILLS,'
SUBSECTION (D) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO DELETE THE REFERENCE TO THE SERVICE CHARGE PREVIOUSLY
ESTABLISHED THEREIN; 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 2 "Administration," Article V "Finance," Division 2
"Administrative Fees and Charges" of the Code of Ordinances, Baytown, Texas, to add a new
section to be numbered and entitled Section 2-619 "Service charge on returned checks for non-
sufficient funds and for all other unpaid transfers via electronic payment instruments," to read as
follows:
CHAPTER 2. ADNIINISTRATION
ARTICLE V. FINANCE
Division 2. Administrative Fees and Charges
See. 2-619. Service charge on returned checks for non-sufficient funds and for all other
unpaid transfers via electronic payment instruments.
In addition to any other authorized penalty or interest, there is hereby established a
service charge of twenty-five dollars (S25.00) per occurrence for all checks, drafts, debit or
credit card, on-line payments, automated clearing house, Internet processes, or other electronic
transmissions or instruments tendered to the city as payment for amounts owed to the city which
are returned unpaid or underpaid, incorrect information submitted electronically, or submitted
through the city depository as uncollected funds, excluding depository or city staff error or
omission.
Section 2: That Chapter 2 "Administration," Article V "Finance," Division 2
"Administrative Fees and Charges" of the Code of Ordinances, Baytown, Texas, to add a new
section to be numbered and entitled Section 2-620 "Method of payment on returned checks," to
read as follows:
CHAPTER 2. ADNHNISTRATION
ARTICLE V. FINAI\TCE
Division 2. Administrative Fees and Charges
Sec. 2-620. Method of payment on returned checks.
The city may refuse to accept for a six-month period any method of payment other than
United States currency or coin, certified checks or cashier's checks in the event the payor has
presented a check, draft or instrument returned unpaid to the city by the city's depository.
Section 3: That Chapter 98 "Utilities," Article III "Water Service," Section 98-62
"Procedures and remedies for non-payment of bills," Subsection (d) of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE 1I1. WATER SERVICE
Sec. 98-62. Procedures and remedies for non-payment of bills.
(d) If any person gives the city a check for the payment of water services that is not honored
by the drawee bank for any reason, the city reserves the right to cut off and discontinue
water service until all charges due have been paid.
Section 3: 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 4: If any provision., section, exception, subsection, paragraph, sentence,
clause or phrase of this 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 affect the validity of the remaining provisions of this ordinance or their application to other
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persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: 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 to of the City Council of the
City of Baytown, this the 27`h day of July, 2006.
i
STEPIEN . DONCARLOS, Mayor
ATTE T:
City Clerk
APPROVED AS TO FORM:
AC 10 RAMIREZ, SR., y Attorney
RAKaren\Files\City Council\Ordinances\2006\Drafts\RetumCheckFeeOrdinance.doc
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