Ordinance No. 9,053Published in the Baytown Sun '20001214 -01
Tuesday, December. 19, 2000 and
Friday, December 22, 2000
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.
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:
(7) Barrier and mountable curbs. Cross sections and shapes of barrier and mountable curbs
® shall conform to the standards on file with the city engineer.
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® 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
See. 126 -641. Standards.
(g) 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
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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 14t1i day of December, 2000.
ATTEST:
GA Y.W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, U..., )City Attorney
c: klh2581 CityCouncil \Ordinance\LayDownCurbOrdinance
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PETE C. ALFARO, ayor