Ordinance No. 10,998ORDINANCE NO. 10,998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER
SERVICE," SECTION 98-55 "UTILITY UPGRADE SURCHARGE" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXTEND THE
MONTHLY SURCHARGE FOR REPAIRS TO THE WATER AND
WASTEWATER SYSTEMS WITHIN THE BAY OAKS HARBOR
SUBDIVISION (AMENDED) TO THE RECREATIONAL VEHICLE PARK
LOCATED WITHIN SUCH SUBDIVISION; 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 98-55
"Utility Upgrade Surcharge" of the Code of Ordinances, Baytown, Texas, is hereby amended to
read as follows:
CHAPTER 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98-55. Utility Upgrade Surcharge.
(a) A monthly utility upgrade surcharge of $15.00 shall be assessed and collected by the
utility billing division for each lot within the Bay Oaks Harbor Subdivision (Amended),
Blocks 2 through 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.
(b) A monthly utility upgrade surcharge of $200.00 shall be assessed and collected by the
utility billing division for the commercial recreational vehicle park located in the Bay
Oaks Harbor Subdivision (Amended), Block 1, Reserves A, B and C inclusive, which
receives utility services from the city. Such surcharge shall be expended by the city for
repairs to the wastewater system 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 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 affirmativej&te of the City Council of
Baytown, this the 23rd day of October, 2008.
ATTEST:
STBPHETTH. DONCARtOS, Mayor
KAYtHte DARNETL, City Clerk
APPROVED AS TO FORM:
RAMIREZ, Sr ., Cit/k ttorney
Wcobsrv 1 \Legal\Karen\Files\City Council\Ordinanccs\2008\October 23\UtilityUpgradcSurcharge.doc