Ordinance No. 11,433ORDINANCE NO. l 1.433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS. AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE 11
"RESIDENTIAL SOLID WASTE." DIVISION -3 'FEES AND CHARGES AND
BILLING PROCEDURE." SECTION 86 -101 "CHARGE FOR COLLECTION,"
SUBSECTIONS (A). (D). AND (E) OF THE CODE OF ORDINANCES,
BAYTOWN. TEXAS. TO INCREASE RESIDENTIAL COLLECTION RATES;
AMENDING CHAPTER 86 "SOLID WASTE.- ARTICLE III "COMMERCIAL
SOLID WASTE." DIVISION 2 "SMALL BUSINESS WASTE COLLECTION
SERVICE," SECTION 86 -166 "CONTRACT FOR GARBAGE COLLECTION"
OF THE CODE OF ORDINANCES, BAYTOWN. TEXAS, TO INCREASE
THE COLLECTION RATE: 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 l: That Chapter 86 "Solid Waste," Article II "Residential Solid Waste,"
Division 3 "Fees and Charges and Billing Procedure," Section 86 -101 "Charge for collection,"
subsection (a) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 86. SOLID WASTE
ARTICLE II. RESIDENTIAL SOLID WASTE
DIVISION 3. FEES AND CHARGES AND 13ILLING PROCEDURE
Sec. 86 -101. Charge for collection.
(a) Each occupied residential unit within the city limits shall be charged the sum of $17.56,
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 refuse out for
collection.
Section 2: That Chapter 86 "Solid Waste." Article II "Residential Solid Waste,"
Division 3 "Fees and Charges and Billing Procedure." Section 86 -101 "Charge for collection,"
subsection (d) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 86. SOLID WASTE
ARTICLE II. RESIDENTIAL SOLID WASTE
DIVISION 3. FEES AND CHARGES AND BILLING PROCEDURE
Sec. 86 -101. Charge for collection.
(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 will be $1.1.80 plus
applicable sales tax.
Section 3: That Chapter 86 "Solid Waste," Article lI "Residential Solid Waste,"
Division 3 "Fees and Charges and Billing Procedure," Section 86 -101 "Charge for collection."
subsection (e) of the Code of Ordinances. City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 86. SOLID WASTE
ARTICLE II. RESIDENTIAL SOLID WASTE
DIVISION 3. FEES AND CHARGES AND BILLING PROCEDURE
Sec. 86 -101. Charge for collection.
(e) For multifamily dwelling unit projects containing eight dwelling units or less. the
monthly charge for collection of refuse shall be $17.56, plus applicable sales tax, times
the number of occupied units in the project.
Section 4: That Chapter 86 "Solid Waste," Article III "Commercial Solid Waste,"
Division 2 "Small Business Waste Collection Service," Section 86 -166 "Contract for Garbage
Collection' of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 86. SOLID WASTE
ARTICLE III. C01I1IERCIAL SOLID WASTE
DIVISION 2. SNIALL BUSINESS WASTE COLLECTION SERVICE
Sec. 86 -166. Contract for garbage collection.
The city department of public works shall have the right to contract with certain small
local businesses and professional offices for garbage service. The contract shall specify the
maximum quantity of bags to be disposed of weekly and the rate to be charged. The charges shall
be $30.50 per month for up to five bags per week, and for each additional bag per week the
charge shall be $2.00 per month. The director of public works shall contract only with those who
wish the service and who are located near existing residential customers.
Section 5: 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 6: 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 7: 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 8: This ordinance shall take effect on October 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 the passage of
this ordinance.
INTRODUCED, READ. AND PASSED by the aft- e vote of the City Council of
Baytown. this the 91h day of September, 2010. i� 4,17 /
APPROVED AS TO FORM:
eWNACIO RAMIREZ. Sr.. it Attorney
DAVID McCARTNE', MayoAPro Tern
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