Ordinance No. 14,040ORDINANCE NO. 14,040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 146 ACRES LOCATED AT
THE SOUTHWEST CORNER OF THE INTERSECTION OF INTERSTATE
HIGHWAY 10 (IH10) AND STATE HIGHWAY 146 (SH146), LEGALLY
DESCRIBED AS RESIDUE OF A 10.72-ACRE TRACT OF LAND
CONVEYED TO JOHN D. FITZGERALD, ET AL, AND A PORTION OF THE
RESIDUE OF A 183.69-ACRE TRACT OF LAND CONVEYED TO JOHN M.
FITZGERALD FAMILY TRUST; A 2-ACRE TRACT OF LAND CONVEYED
TO KINNEY FITZGERALD, ET UX; A 0.08-ACRE TRACT OF LAND
CONVEYED TO JOHN D. FITZGERALD; AND LOT 2 FITZGERALD
SUBDIVISION, SITUATED IN THE WILLIAM BLOODGOOD LEAGUE,
ABSTRACT NO. 4, CHAMBERS COUNTY, TEXAS, FROM AN OPEN
SPACE/RECREATION (OR) ZONING DISTRICT AND A GENERAL
COMMERCIAL (GC) ZONING DISTRICT TO A GENERAL COMMERCIAL
(GC) ZONING DISTRICT AND A MID -RISE MIXED RESIDENTIAL (MF2)
ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00); 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 the City Council of the City of Baytown, Texas, hereby amends the
official zoning map of the City of Baytown to effectuate zoning district changes for
approximately 146 acres located at the southwest corner of the intersection of Interstate Highway
10 (IH10) and State Highway 146 (SH146), legally described as residue of a 10.72-acre tract of
land conveyed to John D. Fitzgerald, et al, and a portion of the residue of a 183.69-acre tract of
land conveyed to John M. Fitzgerald Family Trust; a 2-acre tract of land conveyed to Kinney
Fitzgerald, et ux; a 0.08-acre tract of land conveyed to John D. Fitzgerald; and Lot 2 Fitzgerald
Subdivision, situated in the William Bloodgood League, Abstract No. 4, Chambers County,
Texas, from an Open Space/Recreation (OR) Zoning District and a General Commercial (GC)
Zoning District to a General Commercial (GC) Zoning District and a Mid -Rise Mixed
Residential (MF2) Zoning District. The amended portion of the official zoning map is attached
hereto as Exhibit "A" and incorporated herein for all intents and purposes.
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
TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). 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 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 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 281h day of March, 2019.
BRANDON CAPETILLO, Mayor
APPROVED AS TO FORM:
ACIO RAMIREZ, S ., ity Attorney
R Karen Files- City Council OrdinancesaOMMarch 28\ZoneMapR Karen Files City Council Ordinances\2i, 19\March 28\ZoneMapAmendment 146Acres docAmendment2Acres dec
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Exhibit "A"