Ordinance No. 1,133ORDINANCE NO. 1133
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY AMENDING
SECTION 27 -33, SUBSECTIONS (B) AND (C); REPEALING ORDINANCES IN-
CONSISTENT 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 adding to Section 27 -33 a new Subsection (b) and
(c) which shall read as follows, to -wit:
Section 27 -33. Streets.
(b) Major street locations, alignments, widths, and cross - sections
are to be determined by City Planning Commission and designated
on the Thoroughfare Plan and Thoroughfare Improvement Standards.
(c) Designated major streets shall be dedicated by the developer
in accordance with the current major Thoroughfare Plan on
file in the office of the Director of Planning. Developers
seeking an exemption to this requirement must show reasonable
evidence that, (1) the thoroughfare will provide no benefit
to their development, or (2) the size or shape of the parcel
is such that right -of -way in excess of 60 feet will physically
prevent the use proposed for the parcel.
The developer shall pave with curb and gutter, both sides of a
major thoroughfare along which he retains commercial acreage
abutting the right -of -way. Where the developer proposes re-
sidential development along the major thoroughfare, the City
will participate to the extent of one -half the paving and
drainage cost along the residential section.
Example 1: A developer plats a subdivision containing a
portion of a major street, but retains commercial frontage
on both sides of the street right -of -way. He would be re-
quired to pave both sides of the dual 24 -foot pavement.
Example 2: A developer plats a subdivision containing a
portion of a major street with residential lots on both sides
of the street. The City would participate in the paving and
drainage to the extent of one 24 -foot pavement and one -half
the drainage cost of the lots abutting the major street.
Example 3: A developer plats a subdivision containing a
portion of a major street with one side commercial and one
side residential. The City would participate to the extent
of one -half the paving and drainage cost of one -half of the
street. (The City would pay for 12 feet of paving plus
one -half of any storm sewers serving the residential side of
the street.)
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 ap-
plication 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 appli-
cation 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, Texas, on this the 19th day of October ,
1971.
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C. GLEN WALKER, Mayor
ATTEST:
EDNA OLIVER, City Clerk
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