Ordinance No. 4,726C
11
.7
70528 -3
ORDINANCE NO. 4726
AN ORDINANCE ESTABLISHING BUILDING LINES ON THE NORTH
AND SOUTH SIDE OF MASSEY - TOMPKINS ROAD BETWEEN NORTH
MAIN STREET AND STATE HIGHWAY 146; REPEALING
INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown
the increased growth of the Cit-
traffic, along with an increased
an east or west direction across
improvements to Massey- Tompkins
and Highway 146; and
has previously determined that
V and the resulting increase in
need for citizens to travel in
the City, creates the need for
Road between North Main Street
WHEREAS, the necessary improvements to Massey- Tompkins Road
will require that the right -of -way be widened in the area
proposed for improvement; and
WHEREAS, in order to provide for the protection and safety
of those citizens using both Massey - Tompkins and any cross -
streets, any new structures built on Massey- Tompkins Road should
be setback sufficient distant from the roadway to provide safe
use of the public roads; and
WHEREAS, new setback lines are needed in order to protect
the public from structures that may be built too close to the
proposed new right -of -way line; and
WHEREAS, new setback lines are necessary in order to insure
that future structures will not be so close to the proposed new
right -of -way so as to be a nuisance and /or danger to citizens
living in or occupying the new structures; and
WHEREAS, the City of Baytown desires to give notice to all
property owners on Massey- Tompkins Road between North Main Street
and Highway 146 that said street shall be improved and widened in
the future, and that the City will acquire additional right -of-
way along the said roadway; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That along both sides of Massey- Tompkins Road
between its intersection with North Main Street on the west and
its intersection with State Highway 146 on the east, no portion
of a building or structure shall be built closer than fifteen
feet from the proposed right -of -way lines. The proposed right -
of -way lines are those shown on engineer drawings labeled
"Massey- Tompkins Road Proposed Right -of -Way North Main to Highway
146," a copy of which is on file with the City Engineer and
available for public inspection. Said engineering drawings are
considered a part of this ordinance and made a part hereof for
all intents and purposes.
�I
•
70528 -3a
Section 2: No building permits shall be issued for any
structure that is to be built in front of the above described
building line, nor shall a permit be issued for any improvement
to an existing building which shall result in any part of the
building being in front of the above described building line.
Any encroachment on this building line built in violation of a
permit, or built without a permit, shall be removed at the
expense of the owner of said property.
Section 3: Any building or structure currently existing
along the above described section of Massey- Tompkins Road that
will be in violation of this building line at the time this
ordinance is adopted shall not be required to be moved. However,
no such existing structure which is allowed to remain shall be
improved, expanded, or altered in any way that would result in
additional construction beyond the building line adopted by this
ordinance.
Section 4: 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 5: 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 6: This ordinance shall take effect immediately
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 May,
1987.
ETT -0. HUTTO,— Mayor
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, Cit ttorney
C:2:4 :1
0
El
0
0