Ordinance No. 10,962ORDINANCE NO. 10,962
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)(l) "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 SUBSECTION (B)
"RESIDENTIAL DWELLING UNITS," SUBPARAGRAPH (1)
"INDIVIDUALLY METERED FOR WATER CONSUMPTION"; 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/100 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)(l) "Rate table" of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
Chapter 98. UTILITIES
ARTICLE in. 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 Amount or Rate
Used per Month: to be Charged:
a. First 2,000 minimum monthly rate $12.49
b. All over 2,000, per 1,000 gallons $4.74
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:
Chapter 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98-59. Rates.
(g) Volume users. A user of water that
(1) either:
a, is located within the corporate limits who qualifies for tax abatement
under the city's tax abatement policy or
b. is located within an established industrial district and has in effect an
industrial district agreement with the city; and
(2) uses a minimum of 400,000 gallons of water per day
shall be charged $3.11 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:
Gallons Amount or Rate
per Month: to be Charged:
(1) First 2,000, minimum monthly rate $12.49
(2) Over 2,000, per 1,000 gallons $4.51
Section 4: That Chapter 98 "Utilities," Article IV "Sewer Service," Section 98-91
"Sewer service charge," Subsection (b) "Residential dwelling units," Subparagraph (1)
"Individually metered for water consumption" 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.
(b) Residential dwelling units. The sewer service charge for residential dwelling units shall
be as follows:
(1) Individually metered for water consumption. Each residential dwelling unit
individually metered and billed for the consumption of water shall be charged for
and shall owe each month a sewer service charge based upon the consumption of
water attributed to it as determined by article III of this chapter relating to water
charges, applied to the following usage and the rate schedule for sewer service:
Section 5: 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
Sec. 98-91. Sewer service charge.
(f) Volume users. A sanitary sewer service customer within the corporate limits who (i)
qualifies for a tax abatement under the city's tax abatement policy and (ii) uses more than
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 $2.77 per 1,000 gallons of water used per month or $2.77
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 $2.89 per 1,000 gallons of water used per month, or $2.89
per 1,000 gallons of wastewater delivered to the city if the wastewater is
metered as provided in this article.
Section 6: 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 7: 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 8: 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 9: This ordinance shall take effect on October 1, 2008 and shall be effective for
all billing cycles which commence on or after October 1, 2008. 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 vojte' of the City Council of
Baytown, this the 22nd day of September, 2008.
STEmETskiy^ONCARLOS, Mayor
ATTEST:
KAYTOIE DARNELL, City Cler
APPROVED AS TO FORM:
RAMIREZ, Sr., City Xtt^ney
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