Ordinance No. 11,771ORDINANCE NO. 11,771
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 11,633, ENACTED BY THE CITY
COUNCIL ON MAY 12, 2011, AMENDING THE OFFICIAL ZONING MAP
REGARDING BOTH SIDES OF DEFEE AVENUE, W. TEXAS AVENUE
AND PEARCE STREET FROM DECKER DRIVE ON THE WEST TO MAIN
STREET ON THE EAST; AMENDING THE OFFICIAL ZONING MAP
REGARDING BOTH SIDES OF DEFEE AVENUE, W. TEXAS AVENUE
AND PEARCE STREET FROM DECKER DRIVE ON THE WEST TO MAIN
STREET ON THE EAST; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF BAYTOWN CONCERNING THAT PROPERTY GENERALLY
LOCATED ON BOTH SIDES OF DEFEE AVENUE, W. TEXAS AVENUE
AND PEARCE STREET FROM DECKER DRIVE ON THE WEST TO MAIN
STREET ON THE EAST AND MORE PARTICULARLY DESCRIBED AS
APPROXIMATELY 3.43 ACRES OUT OF THE WM SCOTT SURVEY,
ABSTRACT NO. 65 AND APPROXIMATELY 57.37 ACRES OUT OF THE
HARVEY WHITING SURVEY, ABSTRACT NO. 840, HARRIS COUNTY,
TEXAS, FROM MIXED USE (MU) ZONING DISTRICT TO ARTS
CULTURAL AND ENTERTAINMENT (ACE) ZONING DISTRICT;
PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND
NO /100 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. 11,633, enacted by the City Council on May 12, 2011,
amending the official zoning map by changing both sides of Defee Avenue, W. Texas Avenue
and Pearce Street from Decker Drive on the west to Main Street on the east from Mixed Use to
Arts Cultural and Entertainment zoning district, is hereby repealed in its entirety.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 on both sides of Defee Avenue, W. Texas Avenue and Pearce Street from
Decker Drive on the west to Main Street on the east and more particularly described as
approximately 3.43 acres out of the WM Scott Survey, Abstract No. 65 and approximately 57.37
acres out of the Harvey Whiting Survey, Abstract No. 840, Harris County, Texas, reclassifying
such property from a Mixed Use (MU) Zoning District to an Arts Cultural and Entertainment
(ACE) 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 shall constitute a separate offense. In addition to the
penalty prescribe(] above, tile city may pursue other remedies such as abatement of nuisances,
injunctive relief', administrative adjudication 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: It' 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 (Iiis ordinance or their application to other
persons or sets of circUMstances and to this end all provisions ofthis 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 (10) days after passage ofthis ordinance.
INT RODUC E'D, R F"AD, and PASSED by the affirm ive vote ofthe City C01.111CH 0f1hC
City of Baytown, this the I It" of October, 2011.
APPROVED ASTO FORM:
hGN'ACIO R_AMIRE�Z, SR., City I dt
SI-EI)VEN"H-.-f-l(-)NCAIZI.,OS, Mayor
ti1Cobsry I \I ega1\Karen\Fi1cs\City Councfl\()mdinances'1201 ]\October I I doc
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Arts, Cultural and Entertainment (ACE) District - Proposed Boundary