Ordinance No. 10,865ORDINANCE T40-10,865
AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 98 --UTILITIES." ARTICLE III "WATER
SERVICE," OF THE CODE OF ORDINANCES, BAYTOWN. TEXAS_ TO
ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 98-
55 '-UTILITY UPGRADE SURCHARGE" TO ESTABLISH A FIFTEEN AND
NO /100 DOLLARS (SI5.00) MONTI -11Y SURCHARGE FOR REPAIRS TO
THE WATER AND WASTEWATER SYSTEMS WITHIN THE BAY OAKS
IIARBOP- SUBDIVISION (AMENDED). SECTIONS 2 THROUGH l0
INCLUSIVE: CONTAINING A REPEALUNG CLAUSE; CONTAINING A
SAVINGS CLAUSE: PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS (S500.00): AND PROVIDING FOR TI-IE
PUBLICATION AND THE EFFECTIVE DATE THF_REOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS:
Section 1: That Chapter 89 "Utilities," Article III "Water Service," of the Code of
Ordinances, Baytown. Texas, is hereby amended by adding a new section to be numbered and
entitled Section 98 -55 "Utility Upgrade Surcharge," which section shall read as follows:
CHAPTER 89. UTILITIES
.VH -FICLE M. WIX- 'EU SERVICE
Sec. 98 -55 Utility Upgrade Surcharge.
A monthly utility upgrade surcharge of S15-00 shall be assessed and collected by the
utility billing division for each lot within the Bay Oaks Harbor Subdivision (Amended)_ Sections
2 throLigh 10 inclusive, which receives utility services from the city. Such surcharge shall be
expended by the city for repairs to the water and wastewater- systems within such subdivision in
order to meet the state commission on environmental quality's standards.
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ordinance are hereby repealed: provided, however, that such repeal shall be only to the extent of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 Lk Any person who lads to comply "Ith any lowisM of this oahnance shall
be gWAy of a nAdemenow an& LMon com!Wmi sKall be pwnshed by a the in an amount onwt
mcn-c than FIVI� HLRA)REDAND `O ,100 DOLLARS (S500MOY Hach act of violatkni and
wch day upon which any such viokation �,;hall occur shaH constitwe as separate c)ATC11se. In
addition, to the pemalty prcscril-,�ul above. the chy nmy pw-sue other reniedies stich as abMelamit
of nOsmwev hyunctive relief! Andnistralive ad.judicathin anti rwocaatOn or licenses oT permits.
Section 5: This ordinance AN lake elfro Am and Ac ten (1(0 clays hain its
pawage by the City Rmmcl The Cly (Aek is hmvby dKewd w give mice hemof by caming,
the caption of this ordiname to he published in A ofkcial tlCO/SjlapC�- OfffiC C"ity cO'Baytown al
least twice "Athin ten ( 10) days after passai,,�(- oflhrs
Iii T11 ODUCED, RE,,AD, A'�,ND PASSED by the affirrna(ive
Qj"PILIM!", the 27'�' day ofMarch, 2008.
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