Ordinance No. 5,013Published IN: THE BAYTOWN SUN
Tuesday, May 31, 1988
Wednesday, June 1, 1988
ORDINANCE NO. 5013
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 16, "JUNK AND JUNKYARDS," OF THE
CODE OF ORDINANCES, BY AMENDING SECTION 16 -19, "FENCING
REQUIRED;" AND SECTION 16 -20, "CONSTRUCTION, MAINTENANCE
OF FENCE OR WALL;" PROVIDING A REPEALING CLAUSE;
® CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 16, "Junk and Junkyards," Section
16 -19, of the Code of Ordinances of the City of Baytown, Texas,
is hereby amended to read as follows:
Sec. 16 -19. Fencing required.
Every junkyard and /or automotive wrecking and
salvage yard shall be completely surrounded and
enclosed by an opaque fence or wall at least six (6)
feet in height.
The provisions of Section 16 -20 (a) to (f) shall not
apply to any existing business of this character now
being operated, licensed by the City, and maintained in
the City, until and unless there is any replacement or
substantial repairs to the fence.
Section 2: That Chapter 16, "Junk and Junkyards," Section
16 -20, of the Code of Ordinances of the City of Baytown, Texas,
is hereby amended to read as follows:
Sec. 16 -20. Construction, maintenance of fence or wall.
(a) All fences shall be constructed of any one of the
following materials:
(1) Redwood.
(2) Rough cedar.
(3) Pressure treated lumber.
(4) Chain link.
(5) Brick.
(6) Brick columns with any one of the above.
(7) Heavy metal with a baked enamel finish.
® (b) Plywood and corrugated metal are prohibited.
(c) Chain link fences shall be constructed of
® galvanized chain link with wood or metal slats run
through all links of the chain link fence.
(d) All fences or walls shall extend downward to
within three (3) inches of the ground and shall
test plumb and square at all times.
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(e) All fences or walls shall be constructed in
compliance with all applicable provisions of the
building code of the City of Baytown.
(f) Any replacement or substantial repair shall be
® constructed in accordance with this ordinance.
Section 3: 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repealed; provided however, that such repeal shall be only to the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 4: 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 5: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City
® Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 26th day of May,
1988.
or
T • / HUTTO,
ATTEST:
EILEEN P. HALL, Cit Clerk
RANDALL B. STRONG, C Attorney
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CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS §
COUNTIES OF HARRIS §
AND CHAMBERS §
We, the undersigned officers of the City Council of the
City of Baytown, Texas, hereby certify as follows:
1. The City Council of the City of Baytown, Texas,
convened in regular session on May 26, 1988, at the regular
meeting place thereof, within the City and the roll was
called of the duly constituted officers and members of the
City Council, to -wit:
Emmett 0. Hutto,,-,
Jimmy Johnson
Perry M. Simmons
Fred T. Philips
Ronald G. Embry
Roy L. Fuller
Rolland Pruett
Eileen Hall
Q
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
Councilman
City Clerk
and all of said persons were present, except the following
absentee(s): Perry M. Simms and Fred T. Philips ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said meeting: a written
ORDINANCE AUTHORIZING THE ISSUANCE OF $1,140,000
CITY OF BAYTOWN, TEXAS, PUBLIC IMPROVEMENT BONDS,
SERIES 1988; APPROPRIATING $1,140,000 OF THE
PROCEEDS OF SALE THEREOF FOR STREET IMPROVEMENTS;
AND CONTAINING OTHER PROVISIONS RELATED THERETO
was duly introduced for the consideration of the City Council
and read in full. It was then duly moved and seconded that
said ordinance be adopted; and, after due discussion, said
motion, carrying with it the adoption of the ordinance,
prevailed and carried by the following vote:
AYES: All members of said City Council shown present
above voted "Aye ".
NOES: None.
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2. A true, full and correct copy of the aforesaid
ordinance adopted at the meeting described in the above and
foregoing paragraph is attached to and follows this certi-
ficate; that the ordinance has been duly recorded in the City
Council's minutes of said meeting; that the above and
foregoing paragraph is a true, full and correct excerpt from
the City Council's minutes of said meeting pertaining to the
adoption of the ordinance; that the persons named in the
above and foregoing paragraph are the duly chosen, qualified
and acting officers and members of the City Council as indi-
cated therein; that each of the officers and members of the
City Council was duly and sufficiently notified officially
and personally, in advance, of the date, hour, place and
purpose of the aforesaid meeting, and that the ordinance
would be introduced and considered for adoption at said
meeting, and each of said officers and members consented, in
advance, to the holding of said meeting for such purpose;
that said meeting was open to the public as required by law;
and that public notice of the date, hour, place and subject
of said meeting was given as required by Vernon's Texas Civil
Statutes, Article 6252 -17, as amended.
SIGNED AND SEALED this 26t
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City Clerk-
(SlAL)
11
day of May, 1988.
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