Ordinance No. 10,079Published in the Baytown Sun on
Tuesday, June 14, 2005 and
ORDINANCE NO. 10,079 Thursday, June 16, 2005
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 126 "SUBDIVISIONS," ARTICLE IV "IMPROVEMENTS,"
DIVISION 2 "DESIGN STANDARDS," SECTION 126 -486 "SURVEY
REQUIREMENTS," SUBSECTION (B) "BENCHMARKS" OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ESTABLISH THE
NUMBER OF BENCHMARKS REQUIRED AND TO ALLOW A WAIVER
TO BE GRANTED THEREFOR; 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: ' I
Section 1: That Chapter 126 "Subdivisions," Article IV "Improvements," Division
2 "Design Standards," Section 126 -486 "Survey Requirements" Subsection (b) "Benchmarks" of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE IV. IMPROVEMENTS
DIVISION 2. DESIGN STANDARDS
See. 126 -486. Survey requirements.
(b) Benchmarks. -
(1) Required. One benchmark per subdivision section shall be permanently installed
in an approved manner at a location designated by the city engineer. The
location and elevation of the benchmark shall be shown on the plat. Permanent
benchmarks shall be five- foot -long concrete posts six inches in diameter with the
top to be no more than 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).
(4) Waiver. If the benchmark required in this subsection (b)(1) falls within such
proximity to an existing benchmark that the required benchmark is determined by
the director of engineering to be unnecessary to the global positioning satellite
network of the city, the city engineer may waive the benchmark required in
subsection (b)(1).
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: 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 1100 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: 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 91h day of June, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
GAR W. SMITH, City Clerk
APPROVED AS TO FORM:
® eMNACIO RAMIREZ, SR., Ci ttorney
RAKaren \Files \City Counci1\0rdinances \2005Uune 91 BenchmarkOrdinance.doc