Ordinance No. 10,623Published in the Baytown
ORDINANCE NO. 10,623 Sun on June 18, 2007
and June 20, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER
SERVICE," SECTION 98-56 "DEPOSITS AND REFUNDS," SUBSECTION
(E) "FORM OF DEPOSITS," SUBSECTION (2) OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, TO CLARIFY THAT
DEPOSITS ARE REQUIRED AT ALL TIMES DURING WHICH A
CUSTOMER RECEIVES UTILITY SERVICE FROM THE CITY;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND THE 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-
56 "Deposits and refunds," subsection (e) "Form of deposits," Subsection (2) of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98-56. Deposits and refunds
(e) Form of Deposits.
(2) Deposits of $500.00 or more for commercial consumers, apartment
houses, mobile home parks or other multifamily dwelling projects shall be
by:
a. cash;
b. irrevocable bank letter of credit, provided that the irrevocable bank
letter of credit shall be:
1. drawn on an FDIC-insured bank located within Harris
County or Chambers County, and
2. for a period of not less than one year; or
c. an assignment of security, provided that any security pledged shall
be:
1. approved by the utility billing manager, and
2. placed in an FDIC-insured bank located within Harris
County or Chambers County; or
d. a bond, provided that the bond shall be:
1. issued by a surety licensed to do business in the state,
2. in a form approved by the city attorney, and
3. for a term of not less than one year.
Deposits in any form allowed herein shall be maintained throughout the period
during which the city provides utility service. As such, any deposit that is to
expire prior to the termination of utility service shall be renewed prior to its
expiration and proof of such renewal must be submitted to the city's utility billing
manager. The remedies for nonpayment of utility bills specified in Section 98-
61 shall apply if a deposit is not renewed prior to its expiration.
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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 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 4: 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 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 affirmativ^vote of the City Council of
Baytown, this the 12th day of June, 2007.
2
STEPHEN H. DONCARLOS, Mayor
LOI
APPROVED AS TO FORM:
RAMIREZ, Sr., Qifr Attorney
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