Ordinance No. 9,544Published in the Baytown Sun on
Wednesday, April 16, 2003 and
ORDINANCE NO. 9544 Thursday, April 17, 2003
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 126 "SUBDIVISIONS," ARTICLE U "ADMINISTRATION,"
DIVISION 4 "REVIEW PROCEDURE," SUBDIVISION IV "FINAL
APPROVAL," SECTION 126 -188 "ENGINEERING REPORT" AND ARTICLE
N "IMPROVEMENTS," DIVISION 2 "DESIGN STANDARDS," SECTION
126 -486 "SURVEY REQUIREMENTS" OF THE CODE OF ORDINANCES,
CITY OF BAYTOWN, TEXAS, TO REQUIRE DIGITAL COPIES OF PLANS
AND SPECIFICATIONS OF SUBDIVISION INFRASTRUCTURE TO BE
IMPLEMENTED INTO THE CITY'S GLOBAL INFORMATION SYSTEM
AND TO REQUIRE A DEPOSIT ALONG WITH BENCHMARK DATA TO
BE IMPLEMENTED INTO THE CITY'S GLOBAL INFORMATION
SYSTEM; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That Chapter 126 "Subdivisions," Article 11 "Administration," Division 4
"Review Procedure," Subdivision IV "Final Approval," Section 126 -188 "Engineering report" of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE II. ADMINISTRATION
DIVISION 4. REVIEW PROCEDURE
Subdivision IV. Final Approval
Sec. 126 -188. Engineering report.
Three sets of plans and specifications for water, sewer, paving and drainage prepared by
an engineer registered in the state and approved in writing by the city engineer, along with one
digital copy of such plans and specifications shall be submitted to the engineering department
prior to the beginning of any construction of the subdivision. The digital copy shall be submitted
in DXF, DWG, or DGN format containing state plane coordinates south central zone based on
NAD 83 and elevations based on Geoid99 NAVD88 referenced to approved city monumentation
and utilizing survey grade (RTK) procedures.
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® Section 2: That Chapter 126 "Subdivisions," Article IV "Improvements," Division 2
"Design Standards," Section 126 -486 "Survey requirements" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
U
CHAPTER 126. SUBDIVISIONS
ARTICLE IV. IMPROVEMENTS
DIVISION 2. DESIGN STANDARDS
See. 126 -486. Survey requirements.
(a) Monuments. Monuments, consisting of a three- fourths -inch iron rod or larger, 36 inches
in length, shall be placed at all corners of the block lines, the point of intersection of
curves and tangents of the subdivision, flush with the finished grade.
(b) Benchmarks.
(1) Required. One benchmark for each ten acres of property or fraction thereof shall
be permanently installed in an approved manner, with its location and the
elevation as shown on the plat. Permanent benchmarks shall be five- foot -long
concrete posts six inches in diameter with the top to be at least three inches below
the finished grade. All benchmarks shall be installed to survey -grade accuracy.
(2) Deposit. The subdivider or developer shall deposit $500 per required benchmark.
The deposit shall be:
a. refunded upon submission of a data sheet which satisfies the requirements of
subsection (b)(3) of this section and upon acceptance by the city engineer of
the installation of the benchmarks; or
b. shall be forfeited 90 days after the submission of the final plat.
(3) Data sheet. Unless the deposit is forfeited in accordance with subsection
(b)(2)(b) of this section, a reference sketch showing location of all benchmarks on
a data sheet shall be submitted to the city engineer. The benchmark data sheet
shall be sealed by a registered professional land surveyor licensed to practice in
the state and shall contain latitude and longitude based on WGS 84 datum, Texas
state plane coordinates south central zone based on NAD 83, ellipsoid height,
combined scale factor and orthometric height (Geoid 99 NAVD 88).
(c) Lot markers. Lot markers shall be one - half -inch metal rods, at least 24 inches in length,
placed at each corner of all lots, flush with the average ground elevation, or they may be
countersunk if necessary to avoid being disturbed.
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Section 3: All ordinances or parts of ordinances inconsistent with the tern-is 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: 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 b: 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 10`h day of Apri I, 2003.
ATTEST:
GAY . S?vIITH, City Clerk
APPROVED AS TO FORM:
ACID RAMIREZ, SR. ity Attorney
FAKaren \Files \City Council\ Ordinances \Benchmark RequirementsFinal.doc
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PETE C. ALFARO, fKayor