Ordinance No. 1,621ORDINANCE NO.1621
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 26,
"STREETS AND SIDEWALKS,"BY THE ADDITION OF ARTICLE III,"DEDICATION
AND ACCEPTANCE OF PUBLICSTREETS";REPEALING ORDINANCES INCONSISTENT
HEREWITH;CONTAINING A SAVINGS CLAUSE;AND PROVIDING FOR THE EF
FECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF BAYTOWN,TEXAS:
Section 1:That the Code of Ordinancesof the City of Baytown,Texas,is
hereby amended by amending Chapter 26,"Streets and Sidewalks,"by the addition
of Article III,"Dedication and Acceptance of Public Streets,"which shall read
as follows,to-wit:
ARTICLE III.DEDICATION AND ACCEPTANCE OF PUBLIC STREETS
Sec.26-40.Procedure.
There shall be a uniform procedure for the dedication and acceptance
of public streets,applicable to public streets not dedicated by re-
cordation of subdivision plats,which procedure shall be as follows:
(a)All proposed public street dedications shall be submitted
to the Planning commission for consideration and recommendation to
Council.
(b)The PlanningCommission shall review the location,alignment,
and width for a proposed public street dedication and if same complies
with the Thoroughfare Plan,the Planning Commission shall recommend
that the City Council grant preliminary approval of the street.
If the proposed public street dedication does notcomply with the
Thoroughfare Plan,the Planning Commission shall recommend disapproval.
(c)If the street patterns,major street locations,alignments,
widths,and cross-sections forthe area in which the proposed street
is located have not yet been incorporated into the Thoroughfare Plan
or if in the opinion of the Planning Commission the existing Thoroughfare
Plan should be modified,the Planning Commission shall make the appropriate
modifications to the Thoroughfare Plan for submission to City Council.
(d)The Council,after receipt of the recommendation of the
Planning Commission and the proposed modifications to the Thoroughfare
Plan,if any,shall grant preliminary approval or disapproval of
the street,and approve or disapprove any modifications to the Thoroughfare
Plan.
(e)After completion of construction of a street which has been given
preliminary approval and after a determination by the City Engineer that
the street meets all requirements of the Code of Ordinances of the City
of Baytown,the dedicator of the street shall present to Council,on a
form provided by the City Clerk,a formal street dedicationcontaining
a metes andbounds description of the street.
(f)The Council,upon finding that the construction of the street
is in compliance with its preliminary acceptance and is constructed
in compliance with the Code of Ordinances of the City of Baytown,
shall by ordinance formally accept the dedication of the street and
instruct the City Clerk to record the dedication.
Section 2:Repealing Clause:All ordinances or parts of ordinances
inconsistent with theterms of this ordinances are hereby repealed;provided,
however,thatsuch 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 provision,section,exception,sub
section,paragraph,sentence,clause or phraseof this ordinance or the application
of same to any person or set of circumstances,shall foranyreason 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 tobe 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 26 day of June ,1974.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
NEEL RlCHARtlS<JR,City Attorney
-2-