Ordinance No. 10,866ORDINANCE NO. 10.866
AN ORDINANCE OF THE CITY COUNCIL OF TILE CITY OF BAYTOWN,
TEXAS_ AMENDING CI- iAPTER 86 "SOLID WASTE._" ARTICLE II
"RL- SIDENTIAL SOLID WASTE." DIVISION 3 '`Z=EES AND CHARGES AND
BILLING PROCEDURE_" SECTION 86 -101 "CI -IARGE FOR COLLECTION"
OF THE CODE OF ORDINANCES. BAYTOWN, TEXAS, TO ESTABLISH A
MONTHLY CURB -SIDE RECYCLING FEE OF TWO AND 25/100 DOLLARS
PER RESIDENTIAL UNIT: CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE: PRESCRIBING A MAXIMUM
PENALT 'Y' OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00): AND
PROVIDING FOR THE PI_)BLICATION AND THE EFFECTIVE DATE
THEREOF-
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN_
TEXAS:
Section 1: That Chapter 86 "Solid Waste_ Article II "Residential Solid Waste_"
Division 3 "Fees and Charges and Billing Procedure." Section 86-101 `'Charge for collection" of
the Code of Ordinances, Baytown. Texas, is hereby amended to read as follows:
CHAPTER 86_ SOLID NVAS- E
ARTICLE I1. RESIDENTIAL SOLID WASTE
DID "1SION 3_ FEES AND CHARGES 1311-LING PROCEDURE
SEC_ 86 -101. Charge for collection_
(a) Each occupied residential unit within the city limits shall be charged the suns of $14.56,
Plus applicable sales tax. per month for city refuse collection services. This charge is
based on the availability of city removal and disposal services and shall be collected
regardless of whether or not the occupant of a residential unit places any r-eftIse out for
collection.
(b) Each occupied residential unit within the city limits shall be charged the suns of $2.25.
plus applicable sales tax, per month for city curb -side recycling services. This charge
shall be collected regardless of whether or not the occupant of a residential unit places
any recyclable rnaterials out for collection.
(c) When the owner of an unoccupied residential unit certifies in writing to the utility billing
office that the unit is unoccupied and water service has been disconnected. the monthly
charge levied under subsections (a) and (b) of this section from that time forward shall
not be assessed for as long as the unit remains unoccupied and the waiter service remains
disconnected.
(d) When the head of the household of a residential unit certifies in writing to the utility
collections office that he is over 65 years of age and that lie will place no more than one
30- gallon can or one 30- gallon plastic bag of refuse at his residential unit for collection
on each regularly scheduled collection day. the monthly charge for city refuse collection
services will be $11.80 plus applicable sales tax and the monthly charge for curb -side
recycling services shall be that amount levied in subsection (b) of this section.
(d) For multifamily dwelling unit projects containing eight dwelling units or less, the
monthly charge for collection of refuse shall be $14.56, plus applicable sales tax. times
the number of occupied units in the project and the monthly charge for curb -side
recycling services shall be that amount levied in subsection (b) of this section times the
number of occupied units in the project.
(e) A multifamily unit that exceeds eight dwelling units will be considered a commercial
multifamily unit, and no city collection will be provided.
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 al I 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 in an amount of not
more than 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 affirmativte of the City Council of
Baytown, this the 27`h day of March, 2008.
DONCARLOS, Mayor
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APPROVI'j) A O FORM:
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