Ordinance No. 12,647ORDINANCE NO. 12,647
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 126 "SUBDIVISIONS," ARTICLE II "ADMINISTRATION,"
DIVISION 4 "REVIEW PROCEDURES," SUBDIVISION IV "FINAL
APPROVAL," SECTION 126 -189 "CONTENTS OF FINAL PLAT;
CONSTRUCTION APPROVAL," SUBSECTION (C) OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ALLOW A FINAL PLAT
TO BE FILED UNDER CERTAIN CONDITIONS IF REQUIRED
IMPROVEMENTS ARE NOT COMPLETE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 126 "Subdivisions," Article II "Administration," Division 4
"Review Procedures," Subdivision IV "Final Approval," Section 126 -189 "Contents of final plat;
construction approval," subsection (c) of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE II. ADMINISTRATION
DIVISION 4. REVIEW PROCEDURES
SUBDIVISION IV. FINAL APPROVAL
Sec. 126 -189. Contents of final plat; construction approval.
(c) If the subdivider chooses to file security in lieu of completing construction prior to final
plat filing, he may utilize one of the methods of posting security detailed herein based
upon the type of development.
(1) For all developments except for those listed in subsection (c)(2) and (c)(3) of this
section, a subdivider may only file security in lieu of completing construction if
all water lines, sanitary sewer lines, and stormwater systems are completed and
approved by the city engineer and if at least 50 percent of all required
improvements, including streets, sidewalks, and lift stations, if any, have been
completed. If these requirements are met, the subdivider may:
a. File with the department of planning and development services a bond
executed by a surety company licensed to do business in the state and
acceptable to the city, on the form provided by the city, in an amount
equal to 110 percent of the estimated cost of the improvements required by
this chapter and conditioned upon the satisfactory completion of all
required improvements, including streets and lift stations, if any, in full
compliance with the Code within the time for completion as established by
the city engineer. The estimated cost shall be approved by the city
engineer, and the performance bond shall be approved as to form and
legality by the city attorney;
b. Place on deposit in a bank or trust company in the name of the city and
approved by the city and file a copy of such with the department of
planning and development services in a trust account a sum of money
equal to 110 percent of the estimated cost of all improvements required by
this chapter, which account shall be conditioned upon the satisfactory
completion of all required improvements, including streets and lift
stations, if any, in full compliance with the Code within the time for
completion as established by the city engineer. The estimated cost shall be
approved by the city engineer. Selection of the trustee shall be subject to
approval by the city, and the trust agreement shall be executed on the form
provided by the city and approved as to form and legality by the city
attorney;
C. File with the department of planning and development services a letter, on
the form provided by the city, signed by a principal officer of a bank or
federally insured savings and loan association or other financial institution
acceptable to the city, agreeing to pay to the city, on demand, a stipulated
sum of money equal to 110 percent of the estimated cost of improvements
required by this chapter to apply to the costs of installation of all
improvements for which the subdivider or developer is responsible under
this chapter. The time for completion shall be established by the city
engineer and the guarantee payment sum shall be the estimated costs as
approved by the city engineer. The letter shall state the name of the
subdivision and shall list the improvements and amounts which the
subdivider or developer is required to provide; or
d. File with the department of planning and development services a cashier's
or certified check payable to the city in an amount equal to 110 percent of
the estimated cost of the improvements required by this chapter.
(2) For developments located within an area annexed for limited purposes by the city,
a subdivider may file security in lieu of completing construction of water lines,
sanitary sewer lines, stormwater systems, and required improvements, including
streets, sidewalks, and lift stations, if any, if the development:
a. Is located within a light industrial (LI) or heavy industrial (HI) zoning
district; or
b. Is comprised of only commercial uses, one of which has a building
footprint in excess of 100,000 square feet.
The security may be in any of the forms referenced in subsection (c)(1)a. through
(c)(1)d. of this section.
(3) For developments located within the corporate limits of the city, a subdivider may
file for final plat prior to completing construction of water lines, sanitary sewer
lines, stormwater systems, and required improvements, including streets,
sidewalks, and lift stations, if any, if:
a. the subdivider has entered into a cost -share agreement with the city
regarding the construction of all or a portion of the required
improvements;
b. the subdivider has rendered its share of the cost of the required
improvements to the city in accordance with the cost -share agreement;
C. the cost -share agreement provides for the dedication of any easements or
rights -of -way not shown on the final plat; and
d. either:
1. the development is comprised of only commercial uses, one of
which has a building footprint in excess of 100,000 square feet or
2. the development is comprised of only commercial uses consisting
of at least thirty (30) acres.
For purposes of this subsection, "commercial uses" shall include
multifamily and industrial uses.
The security for the required improvements not subject to the cost -share
agreement may be in any of the forms referenced in subsection (c)(1)a. through
(c)(1)d. of this section.
Section 2: 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
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FIVE HUNDRED AND NO1100 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 3: 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 4: 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 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 giv notice hereof by causing
the caption of this ordinance to be published in the official news 3a of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the
City of Baytown, this the 25th day of September, 2014.
F
APPROVED AS TO FORM:
JN"ACI�O RAMIREZ, SR., C' Attorney
of the City Council of the
H. DONCARLOS, Mayor
o'
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