Ordinance No. 9,151Published in- Baytown Sun on
'_Tuesday, May 1, 2001 and
Wednesday, May 2, 2001
ORDINANCE NO. 9151
Published in the Baytown 1
Sun on May 3, 2001 and
May 4, 2001
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 126 "SUBDIVISIONS," ARTICLE IV "IMPROVEMENTS," DIVISION 1
"GENERALLY," SECTION 126 -456 "GUARANTEE" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO PRESCRIBE
WHEN A GUARANTEE WILL BE REQUIRED; 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 126 "Subdivisions," Article IV "Improvements," Division 1
"Generally," Section 126 -456 "Guarantee" of the Code of Ordinances, City of Baytown, Texas,
is hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE IV. IMPROVEMENTS
DIVISION 1. GENERALLY
Sec. 126 -456. Guarantee.
(a) This section shall be applicable to:
(1) all subdivisions within the city limits and
(2) all subdivisions within the extraterritorial jurisdiction of the city if:
a. the property is within an area listed in the City's annexation plan to be
annexed during the guarantee period specified in subsection (b) of this
section; or
b. the property is otherwise scheduled to be annexed within the guarantee
period specified in subsection (b) of this section.
(b) The subdivider or developer shall guarantee that all materials and workmanship in
connection with the improvements required under this chapter are free of defects for a
period of one year after acceptance of the improvements by the city engineer. The
subdivider or developer, if using construction contractors for furnishing the materials or
installing the improvements required under this chapter, shall require that all contracts
include such a guarantee. If the subdivider fails to perform the necessary work to correct
defects during the guarantee period, the city will make necessary repairs and bill the
subdivider for the total cost of the repair work.
Section 2: 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 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 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 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 26`h day of April, 2001.
ATTEST:
GAAY W. SMITH, City Clerk
APPROVED AS TO FORM:
4-64ACIO RAMIRE ., City Attorney
c:klh264 \Counci I \Ordinances \GuaranteeETJ Clean
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PETE C. ALFARO, Mayor