Ordinance No. 1,132ORDINANCE NO. 1132
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN
TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY AMENDING
ARTICLE II, SECTIONS 27-18, 27-19, 27-20, and 27-21; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by amending Article II, Section 27-18, 27-19, 27-20,
and 27-21 which shall read as follows:
ARTICLE II. PROCEDURE.
Section 27-18. Preliminary plat.
Six (6) copies of a preliminary plat shall be submitted to
the Director of Planning for presentation to the City Planning
Commission ten 10 days prior to the meeting at which approval
is asked. The plat shall be drawn to a scale of one hundred
feet to one inch (1"=100'), unless a different scale -is approved,
and shall show or be accompanied by the following information:
(a) Title of plat should show:
1. Name of subdivision. (Check for duplication)
2. Legal description of location of subdivision.
3. Total acreage and number of lots and blocks.
4. Name of owner (and address unless given in letter of
transmittal). If owner is a company or corporation,
name of responsible individual such as president or
vice-president must be given.
5. Name of registered engineer or registered public
surveyor.
6. Scale: 1"=100' consent of Plannin Commission needed
for different sca e.
7. North point, north to be at top of sheet if possible.
8. Date. (each revision to bear new date.)
(b) Key Map: Key map to show relation of subdivision to well-known
streets, railroads, and water courses in all directions to a
distance of at least one mile. Suggested scale, l"=1 mile.
(c) Boundaries:
1. Ownership drawn in very heavy lines, with overall dimensions
and bearings.
2. Lines outside of boundaries of proposed addition to be
dashed.
3. Provide a tie to a well established point for plats inside,
or to a survey corner if outside the city.
(d) Adjacent Property: Name and adjacent boundary location of
subdivision, streets, easements, pipelines, water courses, etc.,
if acreage tracts, show as such.
(e) Topograph. Water courses and ravines, showing high bank
and width of existing or proposed easements.
(f) Special Uses: Sites for churches, sewage disposal plants, lift
stations, water wells, business, industry, schools, parks, or
other non-residential uses shall be designated on the plat.
If use is currently unknown, designate as unrestricted.
Section 27-19. Action on preliminary plats by City Planning Commission.
(a) Following review of the preliminary plat and negotiations
with the subdivider on changes deemed advisable and the kind
and extent of improvements to be made by him, the City
Planning Commission shall, within 30 days, act thereon as
submitted, or modified, and if approved shall express its
approval as "Conditional Approval" and state the conditions
of such approval, if any, or if disapproved, shall express
its disapproval and the reasons therefor.
(b) The action of the City Planning Commission shall be noted on
three copies of the Preliminary Plat, and any conditions of
either approval or disapproval shall be attached to and/or
referred to each plat. One copy shall be returned to the
subdivider, one copy each retained by the Director of Planning
and Public Works.
(c) Approval of the preliminary plat does not constitute ac-
ceptance of the subdivision, but is merely authority to proceed
with the preparation of the final or record plat. No work
shall be done on the subdivision before the final plat is
accepted or recorded. Approval of a preliminary plat expires
at the end of 180 days unless a portion of the preliminary
plat is submitted for final approval to the City Planning
Commission. If any major changes are required by the City
Planning Commission, the Director of Planning may require
submission of another preliminary plat.
Section 27-20. Final or recorded plat.
Two white print copies of the final or record plat and one re-
producible tracing of the final plat shall be submitted to the City
Planning Commission after the preliminary plat has been approved and
all required changes and alterations made. No final plat will be
considered unless a preliminary plat has first been submitted. Such
plats shall be filed with the Director of Planninj at least ten (10)
days prior to the meeting at which approval is requested. The final
plat shall show or be accompanied by the following data:
(a) Plats shall be drawn upon sheets 24 x 36 inches to the
scale of one hundred feet to the inch.
(b) A title including name of subdivision, owner or owners,
and licensed land surveyor or registered engineer or regis-
tered public surveyor responsible for the plat, and the
scale and location of the subdivision with reference to
original land grants or surveys, the date and North point.
(c) The certificate of the registered engineer or licensed sur-
veyor who surveyed, mapped and monumented the land shall be
placed on the face of the plat.
(d) A certificate of ownership and dedication of all streets,
easements, alleys, park and playgrounds to public use
forever, signed acknowledged before a Notary Public by the
owner and lien -holder of the land.
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(e) An accurate on -the -ground boundary survey of the property with
bearings and distances and showing the lines of all adjacent
land, streets, easements, and alleys with their names and
width, (streets, alleys and lot lines in adjacent subdivision
shall be shown dotted). All necessary data to reproduce the
plat on the ground must be shown on the plat.
(f) Certificate of approval to be signed by the Chairman and Se-
cretary of the Planning Commission shall be placed on the
face of the plat.
(g) Two sets of plans and specifications for water, sewer, paving,
and drainage prepared by a registered engineer, which must
be approved by the Director of Public Works (City Engineer)
prior to the beginning of any construction of the subdivision.
(h) Guarantee of performance.
1. If the subdivider chooses to construct the required im-
provements prior to recordation of the final plat, all
such construction shall be inspected while in progress
by the city engineering department, and must be approved
upon completion by the Director of Public Works. A
certificate by such officer stating that the construction
conforms to the specifications and standards contained in
or referred to herein must be presented to the planning
and zoning commission prior to approval of the final plat.
2. If the subdivider chooses to file security in lieu of com-
pleting construction prior to final plat approval, he may
utilize one of the following methods of posting security.
If the subdivider chooses to file security, the plat
shall not be approved unless the subdivider has done one
of the following:
i. Performance bond. Has filed with the planning and
zoning commission a bond executed by a surety company
holding a license to do business in the State of Texas,
and acceptable to the City of Baytown, on the form
provided by the city, in an amount equal to the cost
of the improvements required by this chapter and within
the time for completion of the improvements as estimated
by the director of public works. The performance bond
shall be approved as to form and legality by the city
attorney; or
ii. Trust agreement. Has placed on deposit in a bank or
trust company in the name of the city, and approved
by the City of Baytown, in a trust account a sum of
money equal to the estimated cost of all site improve-
ments required by this chapter, the cost and time of
completion as estimated by the director of public
works. Selection of the trustee shall be subject to
approval by the City of Baytown 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;
or
iii. Unconditional guarantee from bank or federally insured
savings and loan association or other financial in-
stitution as approved by the City of Baytown. Has
filed with the planning and zoning commission 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 of Baytown, agreeing to pay to the City of
Baytown, on demand a stipulated sum of money to apply
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to the estimated costs of installation of all improvements
for which the subdivider or developer is responsible under
this chapter. The guaranteed payment sum shall be the
estimated costs and scheduling as prepared by the director
of public works. The letter shall state the name of the
subdivision and shall list the improvements which the
subdivider or developer is required to provide.
3. The subdivider, or developer, shall guarantee that all
materials and workmanship in connection with the improve-
ments required under this chapter are free of defects for
a period of one year after acceptance of the improvements
by the director of public works. The subdivider, or de-
veloper, if using construction contractors for furnishing
the materials and/or installing the improvements required
under this chapter, shall require that all contracts
include such a guarantee.
4. If one of the above three types of security is filed by
the subdivider under paragraph 2 of this subsection, the
director of public works shall inspect the construction
of the improvements while in progress, and he shall
inspect such improvements upon completion of construction.
After final inspection, he shall notify the subdivider
and the city attorney in writing as to his acceptance or
rejection of the construction. He shall reject such con-
struction only if it fails to comply with the standards
and specifications contained or referred to herein. If
he rejects such construction, the city attorney shall, on
direction of the city council, proceed to enforce the
guarantees provided in this subsection.
5. Where good cause exists, the director of public works may
extend the period of time for completion under paragraph
(2) of this subsection• Such extension of time shall be
reported to the planning and zoning commission and recorded
in the minutes. No such extension shall be granted unless
security as provided in said paragraph (2) has been provided
by the subdivider covering the extended period of time.
(i) A letter from the Director of Public Works (City Engineer) or
the appropriate Drainage Commission addressed to the City
Planning Commission stating that plans for drainage of the
subdivision are approved.
(j) A letter from the servicing utility companies stating that
the plat includes the easements required by them in the
furnishing of utilities to this and future subdivisions.
(k) Two copies of deed restrictions.
(1) If any part of the plat lies in a flood hazard area, then
one -foot contour lines shall be shown on the plat and the
100 -year flood elevation contour shall be drawn with a
very heavy line and designated. The plat shall also show
the following statement in print equal in size to the
certificates of approval: "Parts of this plat lower than
the 100 -year flood elevation have a one percent (1%) chance
each year of being inundated by flooding."
Section 27-21. Action on final plat by City Planning Commission.
(a) Following a review of the final plat, and when, to the sat-
isfaction of the Planning Commission and in the case of
drainage, utilities and streets the Director of Public
Works; all conditions and requirements have been met and all
improvements completed or a bond posted, the City Planning
Commission shall approve the said plat.
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(b) Should the final plat as submitted, fail to meet the conditions
and requirements of the Director of Public Works, in the case of
drainage, utilities and streets, then the City Planning Com-
mission shall disapprove said plat and note its disapproval
thereon, and attach thereto a statement of the reasons for dis-
approval.
(c) Approval or disapproval of the final plat shall be voted by
the City Planning Commission within 30 days after submission
of said final plat. If no action is taken within this period,
the plat is automatically approved.
Section 2: Repealing Clause: 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: Savings Clause: If any provisions, 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 4: Effective Date: This ordinance shall take effect
from and after the date of its passage by the City Council of the City of
Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown,
October ,1971.
ATTEST:
E OLIVER, City Clerk
APPROVED:
WJ
City -Attorney
Texas, on this the 19th day of
C. GLEN WALKER, Mayor
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