Ordinance No. 978id
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ORDINANCE NO. 978
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN RELATING TO THE ENFORCEMENT OF CERTAIN
LAND USE RESTRICTIONS UNDER CERTAIN CONDITIONS
AS AUTHORIZED BY ARTICLES 974a AND 974a =1, V.A.T.S.;
AUTHORIZING THE LEGAL DEPARTMENT TO FILE SUITS
OR BECOME A PARTY TO SUITS FOR THE PURPOSE OF
ENFORCING VIOLATIONS OF CERTAIN LAND USE RES-
TRICTIONS; DEFINING THE WORD "RESTRICTIONS "; CON-
TAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES
INCONSISTENT HEREWITH AND PROVIDING FOR THE EF-
FECTIVE DATE HEREOF.
WHEREAS, at a regular session of the 59th Legis-
lature of the State of Texas, there was enacted Article 974a
and Article 974a -1, V.A.T.S., which relates to the enforce-
ment of land use restrictions by incorporated cities, towns
and villages in counties having a population of more than
one million according to the last preceding or any future
federal census, provided such city does not have zoning or-
dinances; and
WHEREAS, the City of Baytown is a home rule city
located in Harris County, Texas, which has a population of
more than one million persons according to the last pre-
ceding federal census; and
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WHEREAS, the City of Baytown does not have any
zoning ordinances; and
WHEREAS, the City Council finds that the public
interest in maintaining the welfare and tranquility of
residential neighborhoods is so imperative that, wherever
citizens have undertaken, or hereafter undertake, enforceable
restrictions which protect the residential character of
neighborhoods, there is a public interest in enforcing such
covenants to promote the public health, safety, morals,
welfare and orderly growth of the City, and action by the
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City is warranted to enforce those restrictions which pro-
tect, or tend to protect, the residential character of neigh-
borhoods. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: The Legal Department of the City of
Baytown is hereby authorized to file suit or become a party
to a suit on behalf of the City in any court of competent
jurisdiction for the purpose of enjoining or abating the
violation of a restriction contained or incorporated by
reference in any plan, plat, replat, or other instrument
affecting a subdivision within the city limits of the City
of Baytown which instrument is heretofore or hereafter duly
recorded in the records of the County Clerk of the county
in which the subject property is situated and which res-
triction protects or tends to protect the residential character
of the neighborhood where the subject property is situated;
provided, however, that after a careful investigation of
the facts and of the law, or either, if in the opinion of
the City Attorney no legal cause of action could be alleged
and proved, then in such event, the City shall not file or
become a party to a suit.
Section 2: The word "restriction" as used in this
ordinance, shall be construed to mean a limitation which
affects the use to which real property may be put, fixes the
distances buildings or structures must be set back from pro-
perty lines, street lines, or lot lines, or affects the size
of a lot or the size, type and number of buildings or struc-
tures which may be built on the property.
Section 3: This ordinance will take effect with
respect to violations occurring on or after July 1, 1969.
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Section 4: Savings Clause: If any provision,
exception, section, 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 or-
dinance are declared to be severable.,
Section 5: Repealin-2,Clause: All ordinances or
40^ parts of ordinances inconsistent with the terms of this or-
dinance are hereby repealed; provided, however, that such re-
peal 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: Effective Date: This ordinance shall
take effect from and after its passage by the City Council of
the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative of
APO% the members of the City Council of the,.City of Baytown, Texas,
June 12,
1969.
Glen Walker, Mayor
ATTEST:
Edna Oliver, City Clerk
W1 iam R. Laughlin, City"ttorney
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