Ordinance No. 14,456ORDINANCE NO. 14,456
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW
SECTION TO BE NUMBERED AND ENTITLED SECTION 98-61.5 "VACANT
PROPERTY"; AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER
SERVICE," SECTION 98-62 "PROCEDURES AND REMEDIES FOR
NONPAYMENT OF BILLS," SUBSECTIONS (B), (E), (F), AND (J) OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE CERTAIN UTILITY FEES;
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 THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 98 "Utilities," Article III "Water Service" of the Code of
Ordinances, Baytown, Texas, is hereby amended by adding a new section to be numbered and entitled
Section 98-61.5 "Vacant property," which section shall read as follows:
CHAPTER 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98-61.5. Vacant property.
(a) If a customer desires to have water service temporarily turned on for a period of less than 30 days
at a vacant property, a $50.00 temporary connection charge will be assessed prior to any water
usage at the vacant property.
(b) If there is unauthorized use of water on property that is vacant or closed for non-payment, an
unauthorized use fee of $200.00 shall be assessed and collected prior to the water being turned on
again at the property.
Section 2: That Chapter 98 "Utilities," Article III "Water Service," Section 98-62
"Procedures and remedies for nonpayment of bills," Subsections (b), (e), (f), and 0) are hereby amended
to read as follows:
CHAPTER 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98-62. Procedures and remedies for nonpayment of bills.
(b) If the water meter has been turned off and locked for nonpayment of charges for water services
and it is turned on again by anyone other than authorized personnel a $50.00 broken lock fee will
be assessed. If it becomes necessary to pull the meter, an additional $150.00 pull -meter fee will
be added to the account. If, 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 contacted and a $250.00 pull -
straight -line fee assessed. Upon a reapplication for water service, all applicable fees and
unauthorized consumption must be paid.
(e) If any person damages or destroys any city property used for measuring or distributing water, the
utility billing manager shall collect from such person a sum equal to such destroyed or damaged
property, but not less than $10.00. A $250.00 service charge will also be assessed to make the
needed repairs.
(f) Customers may request their meters be reread once a year for a fee of $10.00. Subsequent
requests will be assessed a $25.00 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 five -eighths -inch
and one -inch meters is $25.00. Meter tests for meters larger than one inch will be billed actual
cost.
(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 $50.00. Nonresidential customers whose doors are tagged prior
to disconnection will be assessed a $100.00 tag door fee. When it is necessary to tag tenants'
doors of a multifamily residential development prior to disconnection, a $100.00 tag -apartments
fee will be imposed.
Section 3: Every person convicted of a violation of any provision of this ordinance herein
shall be punished by a fine not exceeding FIVE HUNDRED AND N0/100 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 4: 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 5: 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 6: This ordinance shall take effect for the first full billing cycle occurring on or after
October 1, 2020. 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 of the City Council of the City of
Baytown this the 13`h day of August, 2020.
A
LETICIA BRYSCH, City,
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
BRANDON CAPETILLO, ayor
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