Ordinance No. 9,053*ORDINANCE NO. 9053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 122 “STREETS AND SIDEWALKS,” ARTICLE II “CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS
AND DRIVEWAYS,” DIVISION 3 “SPECIFICATIONS AND OTHER REGULATIONS,” SECTION 122-91 “CEMENT OR CONCRETE WORK” BY ADDING A NEW SUBSECTION NUMBERED (7) AND ENTITLED “BARRIER AND MOUNTABLE
CURBS”; AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE V “ENGINEERING AND CONSTRUCTION STANDARDS,” DIVISION 2 “STREETS,” SECTION 126-641 “STANDARDS,” SUBSECTION (F) “CURB AND GUTTER”;
AND AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE V “ENGINEERING AND CONSTRUCTION STANDARDS,” DIVISION 2 “STREETS,” SECTION 126-641 “STANDARDS,” BY ADDING A NEW SUBSECTION NUMBERED (G)
AND ENTITLED “MOUNTABLE CURBS” OF THE CODE OF ORDINANCES, TO ALLOW MOUNTABLE CURBS IN SPECIFIC INSTANCES FOR RESIDENTIAL STREETS, CITY OF BAYTOWN, TEXAS; PRESCRIBING A MAXIMUM PENALTY
OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 122 “Streets and Sidewalks,” Article II
“Construction of Sidewalks, Curbs and Gutters and Driveways,” Division 3 “Specifications and Other Regulations,” Section 122-91 “Cement or concrete work” is hereby amended, in part,
by adding a new subsection numbered (7) and entitled “Barrier and mountable curbs,” to read as follows:
CHAPTER 122. STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION OF SIDEWALKS,
CURBS AND GUTTERS AND DRIVEWAYS
DIVISION 3. SPECIFICATIONS AND OTHER REGULATIONS
Sec. 122-91. Cement or concrete work.
The city adopts and approves, as standard specifications for
cement or concrete sidewalks, driveways, curbs and gutters, the following:
. . .
Barrier and mountable curbs. Cross sections and shapes of barrier and mountable curbs shall conform to the standards on file with the city engineer.
Section 2: That Chapter 126 “Subdivisions,”
Article V “Engineering and Construction Standards,” Division 2 “Streets,” Section 126-641 “Standards,” Subsection (f) of the Code of Ordinances, City of Baytown, Texas, is hereby amended
to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE V. ENGINEERING AND CONSTRUCTION STANDARDS
DIVISION 2. STREETS
Sec. 126-641. Standards.
. . .
(f) Barrier curb and gutter.
The barrier curb and combination barrier curb and gutter shall be constructed of reinforced concrete. Barrier curbs are required in the curb radius of street intersections and for all
esplanades, islands, stormwater inlets and non-residential streets. Residential streets may be constructed with either barrier or mountable curbs. .
Section 3: That Chapter 126
“Subdivisions,” Article V “Engineering And Construction Standards,” Division 2 “Streets,” Section 126-641 “Standards” of the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding a new subsection numbered and entitled (g) “Mountable curbs” to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE V. ENGINEERING AND CONSTRUCTION STANDARDS
DIVISION
2. STREETS
Sec. 126-641. Standards.
. . .
Mountable curbs. Mountable curbs shall be construed of reinforced concrete and are permitted to be constructed on residential streets unless
barrier curbs are required as specified in subsection (f) of this section. The transition between barrier and mountable curbs shall be accomplished in accordance with the standards
on file with the city engineer.
Section 4: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished
by a fine not exceeding
FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty
prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 5: 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 6: 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 7: 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 14th day of December,
2000.
______________________________
PETE C. ALFARO, Mayor
ATTEST:
__________________________________
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
___________________________
________
IGNACIO RAMIREZ, SR., City Attorney
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