Ordinance No. 11,254ORDINANCE NO. 11.254
AN ORDINANCE OF THE CITY OF BAYTOWN. TEXAS, AMENDING CHAPTER
122 "STREETS AND SIDEWALKS." ARTICLE 11 '`CONSTRUCTION OF
SIDEWALKS, CURBS AND GUTTERS AND DRIVEWAYS.- DIVISION 3
"SPECIFICATIONS AND OTHER REGULATIONS," SECTION 122 -97
-INSTALLATION OF DRAINAGE CULVERTS" OF THE CODE OF ORDINANCES
OF THE CiTY OF BAYTOWN. TEXAS, TO REVISE THE FEE FOR
INSTALLATION OF DRAINAGE CULVERTS AND TO AUTI IORiZE TLIE USE OF
THE CORRUGATED PLASTIC PIPE FOR ENCLOSING ROADSIDE DITCHES
ABUTTING RESIDENTIAL STREETS; PROVIDING FOR A PENALTY NOT
EXCEEDING FIVE HUNDRED AND NO /100 DOLLARS ($500.00): PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE: AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE TLIEREOF.
BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF BAYTOW'N, TEXAS:
Section l: That Chapter 122 "Streets and Sidewalks," Article II "Construction of Sidewalks,
Curbs and Gutters and Driveways," Division 3 "Specifications and Other Regulations," Section 122 -97
"installation of drainage culverts' of the Code of Ordinances of the City of Baytown, Texas, is hereby
amended 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 -97. Installation of drainage culverts.
if the owner of any property located within the city requests that the city install drainage culverts
in drainage easements or street rights-of-way in cases where the drainage is not significantly impaired, the
property owner shall provide the culvert pipe and shall be assessed a fee of S 12.00 per foot of culvert pipe
installed to cover the costs of the installation. The fee shall be paid by the property owner prior to the
installation. The culvert pipe for single - family residential property abutting residential streets with open
ditches shall be either reinforced concrete pipe (RCP) conforming to the latest revision of ASTM C -76,
class III, cornrgated plastic pipe conforming to AASHTO N4294 with a minimum pipe stiffness of 46 and
a maximum diameter of 30- and having gasketed pipe joints. or such other pipe as may be approved by
the city engineer.
Section 2: Every person convicted of a violation of any provision of this ordinance herein shall
be punished by a tine 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 ot'fense. 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 alter 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 Cim, of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED. READ and PASSED, by the affirmative vote 'the City Council of the City of
Bay -town this the 12d' day of November, 2009.
ST PHEN 11. DONCARLOS. Ma or
ATTEST:
RZA. Qity Clerk
APPRAVKD AS TO FOR
ACIO RAMIREZ. SR.. C1(y)\ttorney
RAKarcn\Filcs \City Council \Ordinances\2009 \No%eniber 12\ DrainageCul \,ertPipeOrdinance.doc
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