Ordinance No. 8,88220000413 -6
ORDINANCE NO. 8882
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 34 "ENVIRONMENT," ARTICLE IV "EXCAVATIONS," DIVISION 2
"PERMIT," SECTION 34 -161 "REQUIRED; EXCEPTIONS," SUBSECTION (B)
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXEMPT FROM
THIS' ARTICLE 'DETENTION FACILITIES MEETING CERTAIN
SPECIFICATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 34 "Environment," Article IV "Excavations," Division 2
"Permit," Section 34 -161 "Required; exceptions," Subsection (b) of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE IV. EXCAVATIONS
DIVISION 2. PERMIT
Sec. 34 -161. Required; exceptions.
(b) Nothing in this article shall be construed to affect or apply to:
(1) any person engaged in normal agricultural, industrial, horticultural, cemeterial or
residential enjoyment and use of property;
(2) a ditch created for drainage or irrigation purposes;
(3) a detention facility built according to the design criteria of section 126 -674;
(4) any person in excavating to install, construct or complete a structure, building or
facility of any kind when the plans and specifications for such objective have been
submitted and approved by the department of engineering or for which a permit has
been issued by the inspection division of the department of engineering, provided
that
(A) the progress on the facility or project is not delayed for a period of more than two
weeks, excepting delays attributable to acts of nature, and
(B) such excavation created is not of a permanent nature and will not be left open and
uncovered upon the completion of the project without authorization of such
permit; or
(5) the excavation operations of:
(A) private carrier and common carrier or gathering pipeline operators (pipeline
carriers) in the laying, constructing, maintaining, operating, replacing, repairing
and removing of pipelines used for the transportation of oil, gas, water, petroleum
products or any other liquids, gases, hydrocarbons or other substances that can be
transported through a pipeline and equipment incidental and ancillary to such
pipeline, or
20000 +13 -6a
(B) private utility concerns constructing facilities by virtue of a franchise or a special
permit issued by the city, provided that the progress on the private utility project
or facility is not delayed for a period of more than two weeks, excepting delays
attributable to acts of nature, and further providing that such excavation created is
not of a permanent nature and will not be left open ' and uncovered ' on the
completion of the facility or project.
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 all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the 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 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 13th day of April, 2000.
1,"v- e -
PETE C. ALFARO, Mayor
ATTEST:
/ GC
G�Y W/ SMITH, City Clerk
APPROVED AS TO FORM:
I CIO RAMIREZ, SR., dLt4Attorney
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