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Ordinance No. 1,302ORDINANCE NO. 1302 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, "SUBDIVISIONS ", BY THE ADDITION OF A NEW SECTION 27 -69, UTILIZATION, SO AS TO PROHIBIT THE HABITATION OF RESIDENCES WITHIN NEW SUBDIVISIONS UNTIL ALL UTILITY SYSTEMS HAVE BEEN INSPECTED AND ARE IN OPERATION; 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 Chapter 27, "Subdivisions ", by the addition of a new Section 27 -69, Utilization, which shall read as follows, to -wit: Section 27 -69. Utilization. (a) Regardless of the procedure used in constructing improvements, no utilization of the development shall be made for residential purposes until improvements are made which allow permanent and approved utility connections to be made. (b) Specifically, it shall be unlawful for any builder or developer to allow any structure to be utilized for residential purposes until the subdivision water and sewer systems are complete and approved by the City Engineer and in operation. 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2: Repealing Clause: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordi- nances regulating and governing the subject matter covered by this ordinance. Section 3: Savings Clause: 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 4: Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 28th day of November 1972. C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: NEEL RIC RDSON, City Attorney -2-