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Ordinance No. 11,647ORDINANCE NO. 11,647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE VI " STORMWATER," DIVISION 1 "GENERALLY," SECTION 98 -473 "MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES," SUBSECTION (A) "FEE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE THE DRAINAGE CHARGES FOR BOTH RESIDENTIAL AND NON - RESIDENTIAL PROPERTIES; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A PENALTY OF FIVE HUNDRED AND NO 1100 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 VI "Stormwater," Division I "In General," Section 98 -473 "Municipal drainage utility system charges," subsection (a) "Fee" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 98. UTILITIES ARTICLE VI. STORMWATER DIVISION 1. IN GENERAL Sec. 98 -473. Municipal drainage utility system charges. (a) Fee. The following schedule of drainage charges is hereby levied against all real property lying within the city: (1) Residential property. (2) Nonresidential property. Number (it'Single-Fainil ?-I t, y, Living Unit Equivalents 11 to 15 MonthlN, $ Ch-M-ge 18.88 16 to 20 $ 26.43 21 to 25 $ 33.97 26 to 30 $ 41.54 31 to 35 $ 49.08 36 to 40 $ 56.63 41 to 45 $ 64.19 46 to 50 $ 71.74 51 to 60 $ 83.07 61 to 70 $ 98.16 71 to 80 $ 113.27 81 to 90 $ 128.38 91 to 100 $ 143.47 101 to 150 $ 188.78 151 to 250 $ 302.05 251 to 300 $ 453.09 301 to 350 $ 487.50 351 to 400 $ 562.50 401 to 450 $ 637.50 Over 450 $ 1,275.00 Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 all 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 pen-nits. 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 ofthis ordinance, INTRODUCED, READ and PASSED by the al" firmati /,otc of the City Council of the City of Baytown, on this the 26"' day of` May, 2011 APPROVED AS TO FORM: (JNACIO RAMIREZ, SR.dy Attorney STYPHEN 14, DONCARLOS, Mayor R:'karcn\F)1cs\Citv CouncihOrdinanceā€¢'C01 lWay 26NDUSCIargesAic 3