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Ordinance No. 11,308ORDINANCE NO. 1 1,308 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 2 "ADMINISTRATIVE FEES AND CHARGES,'" SECTION 2 -619 "SERVICE CHARGE ON RETURNED CHECKS FOR NON - SUFFICIENT FUNDS AND FOR ALL OTHER UNPAID TRANSFERS VIA ELECTRONIC PAYMENT INSTRUMENTS "; AND AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98 -57 "TAPPING FEES "; SECTION 98 -58 "SERVICE CHARGE FOR TURN ON "; SECTION 98 -59 "RATES" AND SECTION 98 -62 "PROCEDURES AND REMEDIES FOR NON - PAYMENT OF BILLS" OF THE- CODE OF ORDINANCES, BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE IV ``SEWER SERVICE," SECTION 98 -91 "SEWER SERVICE CHARGE "; SECTION 98 -94 "TAPPING FEES," SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CHANGE THE UTILITY RATE STRUCTURE AND TO UPDATE SERVICE FEES; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE ITLYNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; 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 2 "Administration," Article V "Finance," Division 2 "Administrative Fees and Charges," Section 2 -619 "Service charge on returned checks for non - sufficient funds and for all other unpaid transfers via electronic payment instruments'" of the Code of Ordinances of the City of Baytown_ Texas, is hereby amended to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE DIVISION 2. ADMINISTRATIVE FEES AND CHARGES Section 2 -619. Processing fee on returned checks for non - sufficient funds and for all other unpaid transfers via electronic payment instruments. In addition to any other authorized penalty or interest, there is hereby established a processing fee of $30.00 per occurrence for all checks, drafts, debit or credit card, on -line payments, automated clearing house. Internet processes, or other electronic transmissions or instruments tendered to the city as payment for amounts owed to the city which are returned unpaid or underpaid, incorrect information submitted electronically, or submitted through the city depository as uncollected funds, excluding depository or city staff error or omission. Section 2: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -57 "Tapping fees" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 98. UTILITIES ARTICLE III. WATER SERVICE Section 98 -57. Tapping fees. (a) The following fees shall be assessed and collected by the utility billing division for water taps inside the city limits: (1) Three- fourths -inch, short side, water tap ............................. ........................$550.00 (2) Three- fourths -inch, long side, water tap .............................. ........................$650.00 (3) One -inch, short side, water tap ............. ............................... ........................$650.00 (4) One -inch, long side, water tap .............. ............................... ........................$750.00 (b) The following fees shall be assessed and collected by the utility billing division for water taps outside the city limits: (1) Three- fourths -inch, short side, water tap ............................. ........................$700.00 (2) Three- fourths -inch, long side, water tap .............................. ........................$800.00 (3) One -inch, short side, water tap ............. ............................... ........................$800.00 (4) One -inch, long side, water tap .............. ............................... ........................$900.00 (c) All other taps and other special water connections shall be made at actual cost, as determined by the utility billing manager, with the consultation of the director of utilities. (d) If a person pays for a water tap and fails to have the tap made within one year from the date such tap fee is paid, the city shall not allow the water tap to be made unless the person requesting the tap pays such additional amount necessary to increase the original payment to the current cost of a water tap. Section 3: That Chapter 98 "Utilities." Article III "Water Service," Section 98 -58 "Service charge for turn on" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: 2 CHAPTER 98. UTILITIES ARTICLE III. WATER SERVICE Sec. 98 -58. Service charge for turn on. If the city turns on a customer's water service at the request of the customer, the customer will be charged a service charge of $30.00. If the customer requests their existing service to be transferred, the fee will be $25.00. If an additional trip(s) is required to connect service, a $10.00 additional trip fee will be assessed per trip. Section 4: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -59 "Rates" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 98. UTILITIES ARTICLE III. WATER SERVICE See. 98-59. Rates. (a) Rate Schedules. The following are the rate schedules for water service: Water Service — Rate Schedule Individually Metered Single - Family Residential Inside City Outside Citv Base Facilitv Charge: Per Dwelling Unit $6.00 $12.00 Customer Charge: Per Bill Issued $2.88 $5.76 Gallonage Charge (Per Thousand Gallons): Up to 2,000 Gallons per Unit $2.05 $3.08 Over 2,000 — 6,000 Gallons per Unit $4.46 $6.69 Over 6,000 — 12,000 Gallons per Unit $5.35 $8.03 Over 12,000 — 18,000 Gallons per Unit $6.96 $10.44 Use Over 18,000 Gallons per Unit $9.05 $13.58 Water Service - Rate Schedule Multi- Family Residential Master Meter Service Inside City Outside Citv Base Facility Charge: Per Dwelling Unit $6.00 $12.00 Customer Charge: Per Bill Issued $2.88 $5.76 Gallonage Charge (Per Thousand Gallons): Up to 2,000 Gallons per Unit $2.05 $3.08 Over 2,000 Gallons per Unit $4.46 $6.69 Unit = Constructed, regardless of whether occupied. Water Service - Rate Schedule Non - Residential Service 4 Inside City Outside City Base Facility Charge: Per Meter by Meter Size 5/8" x' /4" $6.00 $12.00 3/4 ' $9.00 $18.00 1" $15.00 $30.00 1 t /2'' $30.00 $60.00 2" $48.00 $96.00 3" $96.00 $192.00 41' $150.00 $300.00 6" $300.00 $600.00 8" $480.00 $960.00 10" $690.00 $1,380.00 Customer Charge: Per Bill Issued $2.88 $5.76 Gallonage Charge (Per Thousand Gallons): All Use $4.46 $6.69 4 Water Service - Rate Schedule High- Volume User Service Base Facility Charge: Per Meter by Meter Size Inside City 5/8" x' /4" $6.00 3/41' $9.00 1 ' $15.00 1 y2" $30.00 2" $48.00 3" $96.00 4" $150.00 6" $300.00 8" $480.00 10" $690.00 Customer Charee: $96.00 Per Bill Issued $2.88 Gallonage Charge (Per Thousand Gallons): 4" All Use $3.29 Water Service - Rate Schedule Metered Irrigation Service Customer Charge: Per Bill Issued $2.88 $5.76 Gallonage Charge (Per Thousand Gallons): 5/8" x 3/4" Meter $4.46 $6.69 Up to 6,000 Gallons $5.35 $8.03 Over 6,000 - 12,000 Gallons $6.96 $10.44 Over 12,000 - 18,000 Gallons $9.05 $13.58 Over 18,000 Gallons 5 Inside City Outside Citv Base Facility Charge: Per Meter by Meter Size 5/8" x3/4" $6.00 $12.00 3/4" $9.00 $18.00 1" $15.00 $30.00 1 y_" $30.00 $60.00 2" $48.00 $96.00 3" $96.00 $192.00 4" $150.00 $300.00 6" $300.00 $600.00 81' $480.00 $960.00 10" $690.00 $1,380.00 Customer Charge: Per Bill Issued $2.88 $5.76 Gallonage Charge (Per Thousand Gallons): 5/8" x 3/4" Meter $4.46 $6.69 Up to 6,000 Gallons $5.35 $8.03 Over 6,000 - 12,000 Gallons $6.96 $10.44 Over 12,000 - 18,000 Gallons $9.05 $13.58 Over 18,000 Gallons 5 Inside City Outside City 3/4" Meter $4.46 $6.69 Up to 9,000 Gallons $5.35 $8.03 Over 9,000 - 18,000 Gallons $6.96 $10.44 Over 18,000 - 27,000 Gallons $9.05 $13.58 Over 27,000 Gallons 1" Meter $4.46 $6.69 Up to 15,000 Gallons $4.46 $6.69 Over 15,000 - 30,000 Gallons $5.35 $8.03 Over 30,000 - 45,000 Gallons $6.96 $10.44 Over 45,000 Gallons $9.05 $13.58 1 ' /Z" Meter $4.46 $6.69 Up to 30,000 Gallons $4.46 $6.69 Over 30.000 - 60,000 Gallons $5.35 $8.03 Over 60,000 - 90,000 Gallons $6.96 $10.44 Over 90,000 Gallons $9.05 $13.58 2" Meter $4.46 $6.69 Up to 48,000 Gallons $4.46 $6.69 Over 48,000 - 96,000 Gallons $5.35 $8.03 Over 96,000 - 144,000 Gallons $6.96 $10.44 Over 144,000 Gallons $9.05 $13.58 3" Meter Up to 96,000 Gallons $4.46 $6.69 Over 96,000 - 192,000 Gallons $5.35 $8.03 Over 192,000 - 288,000 Gallons $6.96 $10.44 Over 288,000 Gallons $9.05 $13.58 4" Meter Up to 150,000 Gallons $4.46 $6.69 Over 150,000 - 300,000 Gallons $5.35 $8.03 Over 300,000 - 450,000 Gallons $6.96 $10.44 Over 450,_000 Gallons $9.05 $13.58 6" Meter Up to 300,000 Gallons $4.46 $6.69 Over 300,000 - 600,000 Gallons $5.35 $8.03 Over 600,000 - 900,000 Gallons $6.96 $10.44 Over 900,000 Gallons $9.05 $13.58 8" Meter Up to 480,000 Gallons $4.46 $6.69 Over 480,000 - 960,000 Gallons $5.35 $8.03 Over 960,000 - 1,440,000 Gallons $6.96 $10.44 Over 1,440,000 Gallons $9.05 $13.58 10" Meter Up to 690,000 Gallons $4.46 $6.69 Over 690,000 - 1,380.000 Gallons $5.35 $8.03 2.1 Inside City Outside City Over 1,380,000 — 2,070,000 Gallons $6.96 $10.44 Over 2,070,000 Gallons $9.05 $13.58 (b) Residential dwelling units. (1) Individually metered units. Each residential dwelling unit individually metered and billed for the consumption of water shall be charged for and owe each month a water service charge based upon the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for individually metered single- family residential. (2) Jointly metered unit. The monthly water service charge for multifamily dwelling unit projects, with units not individually metered for water, shall be determined as follows: a. The total monthly water consumption for the project will be divided by the number of units in the project served by the meter: b. The per -unit water consumption will determine the applicable charge for each unit based upon the rate schedule in subsection (a) of this section for multi - family residential master meter service; and C. The applicable water service charge for each unit will be multiplied by the number of units in the project served by the meter to determine the monthly water service charge for the entire project. (c) Manufactured home parks. The monthly water service charge for manufactured home parks shall be determined as follows: (1) The total water consumption for the project will be divided by the actual number of rental spaces served to determine the per unit water consumption; (2) The per unit water consumption will determine the applicable water service charge for each space based upon the rate schedule in subsection (a) of this section for multi- family residential master meter service; and (3) The applicable charge for each space will be multiplied by the number of spaces in the project served by the meter to determine the monthly water service charge for the project. (d) Commercial units. (1) Individually metered units. Each commercial unit individually metered for the consumption of water shall be charged a monthly water service charge based the 7 meter size and upon the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for non- residential service. (2) Jointly metered units. The monthly water service charge for multiunit commercial projects, with units not individually metered for water, shall be based on the meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for non - residential service. (e) Combinations of residential dtivelling units and commercial units. The applicable monthly water service charge for a complex containing a combination of dwelling units and commercial units, with units not individually metered for water, shall be shall be based on the meter size, and the amount of water consumed, as detennined by the meter reading, applied to the rate schedule in subsection (a) of this section for non - residential service. (f) Service for property outside the city. A person outside the city limits and authorized by the director of utilities to receive water service shall pay in accordance with subsection (a) of this section for the applicable service or any other amount as may be established and approved in writing by the city council pursuant to a water supply agreement. (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 billed a customer charge. a base charge based on meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for high - volume user service. 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. (h) Recreational vehicle parks. The monthly water service charge for recreational vehicle parks shall be determined in accordance Mth subsection (d)(1) of this section as if it were a commercial unit individually metered. 8 Section 5: That Chapter 98 "Utilities." Article III "Water Service," Section 98 -62 "Procedures and remedies for non - payment of bills" of the Code of Ordinances of the City of Baytown, Texas. is hereby amended to read as follows: CHAPTER 98. UTILITIES ARTICLE III. WATER SERVICE Sec. 98 -62. Procedures and remedies for non - payment of bills. (a) If any person shall permit any waste or use of water contrary to law, the city reserves the right to cut off and discontinue water service until all past due charges have been paid and any required deposit has been made and further until any and all objectionable conditions pertaining to the waste or use of water have been corrected to the satisfaction of the director of finance. (b) If the water meter has been turned off for nonpayment of charges for water services and it is turned on again by anyone other than authorized personnel a $35 broken lock fee will be assessed. If it becomes necessary to pull the meter, an additional $65 pull meter fee will be added to the account. If when, in the opinion of the utility billing manager, the turning off of the water at the curb stop or removal of the meter or the locking of the curb stop is not sufficient protection for the city against the use of water, waste or misuse of water, the utility billing manager may cause the water to be cut off and the service line to be cut and plugged. If the meter technicians have to pull an illegal "straight line," the police will be called and a $185 pull straight line fee assessed. Upon a reapplication for water service all applicable fees and unauthorized consumption must be paid. (c) If the water meter has been turned off for nonpayment of charges for water or sanitary sewer services and the customer has complied with the requirements of the city and is entitled to have the water turned on again, the following reconnection charges will be made, as applicable: (1) If the service is to be reconnected at the customer's request between the hours of 8:00 a.m. and 5:00 p.m. of any weekday from Monday through Friday, except holidays authorized by the city council for city employees, there is no additional charge; or (2) If the customer requests that senice be reconnected at any other time than that stated in subsection (c) (1) of this section, the charge will be $50.00. (d) If any person gives the city a check for the payment of water services that is not honored by the drawee bank for any reason or an automatic bank withdrawal is returned unpaid, the city reserves the right to cut off and discontinue water service until all charges due have been paid, including, but not limited to. the processing fee established in section 2- 619 of this code. (e) If any person damages or destroys any city property used for measuring or distributing water, the director of finance shall collect from such person a sum equal to such destroyed or damaged property, but not less than $10.00. A $35.00 service charge will also be assessed to make the needed repairs. (f) Customers may request their meters be reread once a year at no charge. Subsequent requests will be assessed a $10.00 reread meter fee, if the reading is accurate. If the reading is incorrect, no fee will be assessed and the account will be adjusted to reflect the correct reading. If any person requests that his water meter be tested, the city utility billing division shall test the meter. If the meter test shows that the meter registers more water than actually consumed, the last bill shall be corrected according to the test result, and the meter shall be repaired or replaced. If the meter test shows that the meter correctly registers or registers less water than actually consumed, the customer shall be charged a meter test fee. The meter test fee for 5/8" and 1" meters is $25.00. Meter tests for meters larger than I" will be billed actual cost. (g) Any or all of the charges and fees provided by this section may be included in the regular or special billing of the city utility billing division and shall be in addition to all other charges or fees provided by this article. (h) It shall be unlawful for any person to hinder or interfere with any utility billing division employee or agent who is delivering water termination notices pursuant to subsection (i)(2) of this section. It shall further be unlawful for any person, other than an occupant of the premises to which notice is delivered, to remove a water termination notice delivered by the utility billing division from any premises to which the utility billing division delivered that notice. (i) Nonemergency termination. (1) Generally. Whenever the city is authorized to terminate a customer's water services against that customer's consent and under this section or whenever the city otherwise terminates water services to a customer in a nonemergency situation other than by the customer's request, the city shall first provide notice in the form and manner described in this subsection to the customer and shall afford the customer an opportunity for a hearing in the form and manner described in this subsection before the termination of the services. If, after the city has complied with the notice requirements as described in this subsection, the customer does not request a hearing for review of the termination within the specified time, the city may terminate water services to the customer on the day and at the time specified in the notice to the customer or within five calendar days thereafter. Any time elapsing after the declared termination date, the elapsing of which is due to the pendency of a hearing or the extension of time granted pursuant to a hearing, shall not be considered when calculating the five days in which the city may terminate water after a declared termination date. 10 (2) Notice. Notice must be sent to a water customer at least eight days prior to the proposed termination date of the services to that customer if notice is sent by mail, or at least five days prior to termination if notice is delivered by the utility billing division. The notice may be incorporated into the customer's monthly bill, sent by certified letter, or hand delivered to the customer by a utility billing division employee or other person designated by the city to deliver such notices. The notice must be written and clearly communicate the following information: a. The name of the customer whose service is proposed to be terminated; b. The address where service is proposed to be terminated; C. The reason for the proposed termination, including the amount of delinquency, if nonpayment of charges is the reason for termination; d. The day and time on which the water service will be terminated, unless conditions bringing about the termination are sooner remedied: e. The customer has the right to appear and be heard at a hearing to contest the proposed termination prior to the date of termination; f. The means by which the customer may arrange for such a hearing; and g. The date by which the customer must request and set the hearing in order to receive it, which deadline may be no earlier than one day prior to the termination date, nor may that deadline ever be sooner than five days from the date of sending the notice, the five days not including weekdays on which city offices are closed or holidays. (3) Affidavit of failure to receive notice. After the deadline for requesting a hearing, as described in subsection (i)(2)g of this section, has passed, a customer may still request a hearing to review the decision to terminate the customer's water service within ten days of the deadline upon presentation to the city manager of an affidavit declaring that the customer, through no fault of that customer, did not receive notice of termination in time to act upon the notice. When a hearing pursuant to this subsection is requested, the city manager shall as soon as practicable make a determination of whether the appeal appears to be meritorious, and if the city manager finds it is meritorious the city manager shall order the continuation or restoration of services pending the appeal. If the hearing officer finds in favor of the customer, the hearing officer may order restoration of service. (4) Notice to tenants. If the customer to whom water service is proposed to be terminated is a landlord who supplies water services to tenant water users, the city shall attempt to give notice to the tenant water users pursuant to subsection (i)(2) of this section. (5) Hearing. If any customer requests a hearing to review the decision to terminate that customer's water services, the hearing shall be presided over by the city manager or any fair and neutral person he may appoint, which person must be of managerial employment and not involved in the original decision to terminate services, in this context known as the hearing officer. The hearing shall be held no sooner than the next business day or later than 15 business days after being requested by the customer. The hearing officer may in his discretion delay or advance the hearing time upon showing of good cause by the customer. At the hearing the customer shall be given the opportunity to be heard in person to present the customer's case, to present testimony from other persons and to admit documents. The customer may be represented by counsel, though the city shall not provide counsel to the customer. The customer shall be given the opportunity to confront and cross examine any witnesses appearing against him at the hearing. The customer may request that a representative of the utility billing division be present at the hearing and be subject to questioning. However, the rules of evidence or procedure for civil or criminal trials need not be enforced. The city's reasons for terminating the customer's water service shall be stated at the hearing. Upon reaching a final decision, the hearing officer shall state his reasons for reaching that decision and shall state the evidence on which the hearing officer relied in reaching those conclusions. If the hearing officer finds in favor of the customer, the customer's water service shall continue. If the hearing officer finds against the customer, the customer's water service shall be terminated. The hearing officer shall have the power to grant extensions, modify billings and fashion other reliefs as would be equitable. (j) When the water meter has been turned off for nonpayment of charges for water service, sanitary sewer service, garbage collection service or if the water meter has been turned off for payment of utility services with a check that is not honored by the drawee bank for any reason, a cutoff fee will be charged in the amount of $35.00. Nonresidential customers whose doors are tagged prior to disconnection will be assessed a $25.00 tag door fee. When it is necessary to tag tenant's doors of a multi - family residential development prior to disconnection, a $100.00 tag apartments fee will be imposed. Section 6: That Chapter 98 "Utilities," Article IV "Sewer Service," Section 98 -91 "Sewer service charge" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: 12 CHAPTER 98. UTILITIES ARTICLE 1V. SEWER SERVICE Sec. 98 -91. Sewer service charge. (a) 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: Wastewater Service — Rate Schedule Individually Metered Single - Family Residential Base Facility Charac: Per Dwelling Unit Customer Charge: Per Bill Issued Gallonage Charge (Per Thousand Gallons): Up to 2.000 Gallons per Unit Over 2,000 — 12,000 Gallons per Unit Over 12,000 Gallons per Unit Inside Citv Outside Cite $6.00 $12.00 $2.88 $5.76 $2.07 $3.11 $4.49 $6.74 No Charge No Charge (2) Jointly metered for water consumption. Multifamily dwelling unit projects not individually metered for water shall be charged for and shall owe each month a sanitary sewer charge based upon 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: Wastewater Service — Rate Schedule Multi- Family Residential Master Meter Service Inside City Outside Citv Base Facility Charge: Per Dwelling Unit $6.00 $12.00 Customer Charge: Per Bill Issued $2.88 $5.76 Gallonage Charge (Per Thousand Gallons): Up to 2.000 Gallons per Unit $2.07 $3.11 13 Inside Citv Outside Citv Over 2,000 Gallons per Unit $4.49 $6.74 Unit = Constructed, regardless of whether occupied. (b) Commercial units. Each commercial unit shall be charged for and shall owe each month a sanitary sewer service charge based upon the consumption of water attributed to it. applied to the following usage and the rate schedule for sewer service: Wastewater Service — Rate Schedule Non - Residential Service (c) Manufactured home parks. Manufactured home parks shall be charged for and owe a sanitary sewer service charge based upon 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: Wastewater Service — Rate Schedule Multi- Family Residential :Master Meter Service Inside Citv Outside City Base Facility Charge: Per Dwelling Unit $6.00 $12.00 Customer Charge: Per Bill Issued $2.88 $5.76 14 Inside City Outside City Base Facility Charge: Per Meter by Meter Size 5/8" x' /4" $6.00 $12.00 3/4" $9.00 $18.00 F $15.00 $30.00 1 '/2" $30.00 $60.00 2" $48.00 $96.00 3" $96.00 $192.00 4" $150.00 $300.00 6" $300.00 $600.00 8" $480.00 $960.00 10" $690.00 $1.380.00 Customer Charge: Per Bill Issued $2.88 $5.76 Gallonage Charge (Per Thousand Gallons): All Use $4.49 $6.74 (c) Manufactured home parks. Manufactured home parks shall be charged for and owe a sanitary sewer service charge based upon 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: Wastewater Service — Rate Schedule Multi- Family Residential :Master Meter Service Inside Citv Outside City Base Facility Charge: Per Dwelling Unit $6.00 $12.00 Customer Charge: Per Bill Issued $2.88 $5.76 14 Inside City Outside Citv Gallonage Charge (Per Thousand Gallons): Up to 2,000 Gallons per Unit $2.07 $3.11 Over 2,000 Gallons per Unit $4.49 $6.74 Unit = Total spaces, regardless of whether occupied. (d) 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: Wastewater Service — Rate Schedule High - Volume User Service With City Without Citv Section 7: That Chapter 98 "Utilities," Article IV "Sewer Service," Section 98 -94 "Tapping fees," subsection (a) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: 15 Water Water Service Service Base Facilitv Charge: Per Meter by Meter Size 5/8" x' /4'' $6.00 $6.24 '/4" $9.00 $9.36 1" $15.00 $15.60 1 %?" $30.00 $31.20 2" $48.00 $49.92 3" $96.00 $99.84 41' $150.00 $156.00 6" $300.00 $312.00 81' $480.00 $499.20 10" $690.00 $717.60 Customer Charge: Per Bill Issued $2.88 $3.00 Gallonage Charge (Per Thousand Gallons): All Use $3.32 $3.45 Section 7: That Chapter 98 "Utilities," Article IV "Sewer Service," Section 98 -94 "Tapping fees," subsection (a) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: 15 CHAPTER 98. UTILITIES ARTICLE IV. SEWER SERVICE Sec. 98 -94. Tapping fees. (a) The utility billing division shall assess and collect a sewer tap fee of $600.00 for a short side sewer tap and $650.00 for a long side sewer tap for each and every four -inch sewer tap made within the city limits. All other taps (six inches and larger) and other special connections shall be made by a plumbing contractor or, at the city's option, at the estimated actual cost as determined by the utility billing manager with consultation of the director of utilities. Section 8: 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/] 00 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 9: 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 10: 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 11: This ordinance shall take effect for all billings occurring on or after April 1, 2010. 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 affirmative vote f the City Council of the City of Baytown, this the 25`h day of February, 2010. H. DONCAILOS, Mayor 16 ATTEST: ICIA APPROVED AS NACIO RAMIREZ, SR., C ttomey R:1Karen\Files\City Council \Ordinances120101Fcbruary 25 1UtilityRatcOrdinanccClcan.doc 17