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Ordinance No. 11,769ORDINANCE NO. 11,769 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 11,640, ENACTED BY THE CITY COUNCIL ON MAY 26, 2011; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING THAT PROPERTY LOCATED SOUTH OF FM 565, BEING PARALLEL TO AND EAST OF STATE HIGHWAY 146 EXTENDING JUST BEYOND HAYES ROAD, MORE PARTICULARLY DESCRIBED AS APPROXIMATELY 48.67 ACRES OF THE CHRISTIAN SMITH SURVEY, ABSTRACT NO. 69 AND NO. 22, IN HARRIS AND CHAMBERS COUNTIES, TEXAS, TO REZONE 8.52 ACRES FROM MIXED USE (MU) ZONING DISTRICT TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT; 6.28 ACRES FROM NEIGHBORHOOD CONSERVATION (NC) ZONING DISTRICT TO HEAVY INDUSTRIAL (HI) ZONING DISTRICT; 31.64 ACRES FROM MIXED USE (MU) ZONING DISTRICT TO HEAVY INDUSTRIAL (HI) ZONING DISTRICT; AND 2.23 ACRES FROM NEIGHBORHOOD CONSERVATION (NC) ZONING DISTRICT TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO 1100 DOLLARS ($2,000.00); 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 Ordinance No. 11,640, enacted by the City Council on May 26, 2011, amending the official zoning map of the City of Baytown concerning that property located south of FM 565, being parallel to and east of State Highway 146 extending just beyond Hayes Road, is hereby repealed in its entirety. Section 2: That the City Council of the City of Baytown, Texas, hereby amends the official zoning map of the City of Baytown to effectuate a zoning district change for property generally located south of FM 565, being parallel to and east of State Highway 146 extending just beyond Hayes Road, more particularly described as approximately 48.67 acres of the Christian Smith Survey, Abstract No. 69 and No. 22, Harris and Chambers Counties, Texas, to rezone 8.52 acres from Mixed Use (MU) Zoning District to Light Industrial (LI) Zoning District; 6.28 acres from Neighborhood Conservation (NC) Zoning District to Heavy Industrial (HI) Zoning District; 31.64 acres from Mixed Use (MU) Zoning District to Heavy Industrial (HI) Zoning District; and 2.23 acres from Neighborhood Conservation (NC) Zoning District to Light Industrial (LI) Zoning District. The amended portion of the official zoning map is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 3: 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 TWO THOUSAND AND NO /100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shalt 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 ad Lidication, and revocation of licenses or permits. Section 4: 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 5: IF any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any pet-son or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the ren-iwining provisions of this ordinance or their application to other persons or sets of circurnstances an(] to this end all provisions of this ordinance are declared to be severable. Section 6: 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 (I O) days after passage of this ordinance. INTRODUCED, READ, and PASSED by the mative vote of the City Council of the City of Baytown, this the I I "' of October, 2011. .1 1-11. , IN 1-1. DONCARLOS,'Mayor 16R&CIO RAMIREZ, SR., City it rney F�Ez, 1-1 City \\(,'obsiv6\leg,it\Kiircti\]:ilcs\City CoL11)Ci1\01-(h11;U1CeSQ)O I I \Oclober I I VoneMaj)Ainendmetifl I artis&ChambersCountyWU I I I @ I I Revised.doc 2 ® ON Nrl pmunAn mm