Ordinance No. 6,007910926 -6
ORDINANCE NO. 6007
AN ORDINANCE AMENDING CHAPTER 26 "STREETS AND SIDEWALKS"
ARTICLE II "CONSTRUCTION OF SIDEWALKS, CURBS, GUTTERS,
AND DRIVEWAYS ", OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, BY ADDING SECTION 26 -35.1, "INSTALLATION
OF DRAINAGE CULVERTS ", PROVIDING THAT RESIDENTS OF THE
CITY OF BAYTOWN WHO REQUEST THAT THE CITY OF BAYTOWN
INSTALL DRAINAGE CULVERTS IN DRAINAGE EASEMENTS AND /OR
STREET RIGHT -OF -WAYS WILL BE REQUIRED TO PAY THE COSTS
OF SUCH INSTALLATION AT RATE OF $10.50 PER FOOT OF
DRAINAGE PIPE INSTALLED; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown has received numerous requests
from residents of the City of Baytown to install drainage
culverts in drainage easements and street right -of -ways; and
WHEREAS, the cost to the City of Baytown for installation of
drainage culverts has been estimated by the Director of Public
Works for the City of Baytown at approximately $10.50 per foot;
and
WHEREAS, the City of Baytown has the authority to charge
such fee under Article XI § 5 of the Texas Constitution and §
51.072 of the TEX.L.GOV'T.CODE; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 26 'Streets and Sidewalks" Article
II "Construction of Sidewalks, Curbs, Gutters and Driveways", of
the Code of Ordinances, City of Baytown, Texas, be amended by
adding Section 26 -35.1, "'Installation of Drainage Culverts" to
read as follows:
Sec. 26 -35.1. Installation of Drainage Culverts.
In the event that the owner of any property located
within the City of Baytown should request that the City
of Baytown install drainage culverts in drainage
easements and /or street right --of -ways, said property
owners shall provide the culvert pipe and shall be
assessed a fee of $10.50 per foot of culvert pipe
installed to cover the costs of said installation.
Said fee shall be paid by said property owner prior to
the installation.
Section 2: 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repealed; provided however, that such repeal shall be only to the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
ordinance shall be cumulative of other
governing the subject matter covered by
910926 -6a
all other respects this
ordinances regulating and
this ordinance.
Section 3: 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 4: 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 26th day of
September, 1991.
ow -O.HUTTO,- Mayor
f
ATTEST:
7 ;
LEE N P. HALL, City Clerk
I ACID RAMIREZ, S 'City Attorney
C:1:73:15
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