Ordinance No. 11,646ORDINANCE NO. 11,646
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER
SERVICE," SECTION 98 -56 "DEPOSITS AND REFUNDS," SUBSECTION
(B)(1) AND SECTION 98 -65 "LIENS," SUBSECTION (D) "EXEMPTIONS"
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; REPEALING
CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98-
65 "LIENS," SUBSECTION (I) "RENTAL PROPERTY" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; RENUMBERING CHAPTER 98
"UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98 -65 "LIENS,"
SUBSECTION (J) "EFFECT OF SECTION" TO SUBSECTION (I) OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO INCREASE UTILITY DEPOSITS ON SINGLE - FAMILY DWELLING
RENTAL PROPERTIES AND TO PROHIBIT LIENS BEING FILED
AGAINST SUCH PROPERTIES BASED UPON DELINQUENT UTILITY
BILLS OF THE OWNERS' TENANTS; CONTAINING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
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 l: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -56
"Deposits and refunds," Subsection (b)(1) of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98 -56. Deposits and refunds.
(b) Amount of deposit.
(1) A residential consumer occupying a single- family dwelling house shall be
required to place on deposit the amount of $50.00 if he is the owner of the
dwelling house; however, a residential consumer occupying a single - family
dwelling house shall be required to place on deposit the amount of $200.00 if he
is not the owner of the dwelling house.
Section 2: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -65
"Liens," Subsection (d) "Exemptions" of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98-65. Liens.
(d) Exemptions. No lien for water charges, garbage collection charges, or sewer charges
shall be placed on a property if:
(1) a customer owes less than $50.00 for the aggregate sum of water charges, garbage
collection charges and sewer charges;
(2) the customer is not delinquent in payment for water charges, garbage collection
charges, or sewer charges;
(3) the city knows the property to be a homestead as defined by the state constitution;
or
(4) the city knows the property to be a single - family dwelling house and the
delinquent water charges, garbage collection charges, or sewer charges to be for
services provided to a residential consumer who is not the owner of the property.
Section 3: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -65
"Liens," Subsection (i) "Rental property" of the Code of Ordinances, Baytown, Texas, is hereby
repealed in its entirety.
Section 4: That Chapter 98 "Utilities," Article III "Water Service," Section 98 -65
"Liens," Subsection 6) "Effect of section" of the Code of Ordinances, Baytown, Texas, is hereby
renumbered as Subsection (i).
Section 5: 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 6: 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 7: 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
ofnuisances, injUnctive relief, administ•ative ad.judicationand revocation of licenses or permits.
Section 8: This ordinance shall take effect from and after ten (10) clays from its
passage by the City Council. The City Clerk is hereby directed to give notice hercof'by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (f 0) days after passage ofthis ordinance.
INTRODUCED, READ and PASSED by the affirmative of' tile City Council of the
City of Baytown, on this the 26"' day of May, 2011. IX
A
supTIEN f-TDONCARLA.")S, Mayor
Clerk
T Al
APPROW',J) AS TO FORM:
AC l(;) RAMIREZ, SR., City i or racy
UnmeiMrdmanecs,201 I Way 26Tiews'doc