Ordinance No. 11,224ORDINANCE NO. 1 1,224
AN ORDINANCE OF TI IE CITY OF BAYTOWN, TEXAS. AMENDING CHAPTER
98 "UTILITIES." ARTICLE III -WATER SERVICE." SECTION 98 -60 `FLAT -RATE
SERVICE PROHIBITED. SEPARATE METERING REQUIRED" OF ]-HE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN. TEXAS. TO REVISE SUBSECTION
(C) AND "1-0 ADD SUBSECTIONS (D) AND (E) IN ORDER "1-0 ALLOW MULTI-
UNIT RESIDENTIAL ESTABLISHMENTS AND COMMERCIAL
ESTABLISHMENTS TO EITHER fNSTALL SEPARATE WATER METERS OR
MAINTAIN WATER SERVICE IN THEIR OWNI NAME: PROVIDING FOR A
PENALTY NOT EXCEEDING FIVE HUNDRED AND NO/ 100 DOLLARS ($500.00):
PROVIDING A REPEALING CLAUSE: CONTAINING A SAVINGS CLAUSE: AND
PROVIDING FOR TI IE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS:
Section l: That Chapter 98 "Utilities," Article III "Water Service." Section 98 -60 "Flat -rate
service prohibited. separate metering required" of the Code of Ordinances of the City of Baytown. Texas,
is hereby amended by amending subsection (c) and by adding subsections (d) and (e), which subsections
shall read as follows:
CIIAPTER 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98 -60. Flat -rate service prohibited, separate metering required.
(c) Each multi -unit residential establishment and each commercial establishment shall be either:
(1) individually metered for water service or
(2) jointly metered for water service if the utility account is opened by and remains in the
name of the owner of the property on which such establishment is located.
All meters for multi -unit residential establishments and commercial establishments must be
installed at the road right -of -way line.
(d) If a multi -unit residential establishment or a commercial establishment is connected to the city
system in a manner other than as prescribed in subsection (c) on October 29. 2009. the city. when
it becomes aware of such condition. shall send notice by certified mail to the last known address
of the owner of the property as recorded in the appraisal records of the appraisal district in which
the property is located and, if known based upon a search of the city's utility records, to the tenant
at the address listed on the city's utility, records. A notice which the United States Postal Service
returns as "refused" or "unclaimed" shall not affect the validity, of the notice: and the notice shall
be considered delivered seven days after mailing the same. Such notice shall be sufficient if it
generally describes and gives notice that the establishment is connected in violation of this
section and advises that violation must be corrected within 365 days after receipt of such notice.
If new service or a change in service is requested during such 365 -day period, compliance with
subsection (c) shall be required in order to reestablish water service.
(e) Any person who shall violate this section shall. upon conviction, be punished as provided in
section 1 -14.
Section 2: Every person convicted of a violation of any provision of this ordinance herein 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 3: 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 4: If any provision, section, exception, subsection, paragraph. sentence, clause or phrase
of this 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 affect 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 5: This ordinance shall take effect from and after ten (10) days from its passage by the
City Council. The Interim Croy 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 affirmative vA6 of the City Council of the City of
Baytown this the 19d' day of October, 2009.
DONCARLOS! Mayor
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LETICIA GA". Interim tv Clerk ,.•• "'NN°
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APPROVED AS TO FORM:
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G 'ACIO RANTI]REZ, SR.. CO Attornev
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