Ordinance No. 11,981ORDINANCE NO. 11,981
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE I "IN GENERAL," SECTION
126 -2 "PLAT REQUIRED" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
EXEMPT CERTAIN DIVISIONS OF LAND SOLD TO FAMILY MEMBERS FROM THE
PLATTING REQUIREMENTS; PRESCRIBING A MAXIMUM OF FIVE HUNDRED AND
NO /100 DOLLARS ($500.00) FOR ALL OTHER VIOLATIONS; 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 Chapter 126 "Subdivisions," Article I "In General," Section 126 -2 "Plat required,"
of the Code of Ordinances, Baytown, Texas, is hereby amended by revising the definition of "subdivision,"
which definition shall read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 126 -2. Plat required.
(a) Except as provided in subsection (f) hereof, a plat is required for a subdivision as defined in
section 126 -1.
(b) To be recorded, the plat must:
(1) Describe the subdivision by metes and bounds;
(2) Locate the subdivision with respect to a corner of the survey or tract or an original
corner of the original survey of which it is a part; and
(3) State the dimensions of the subdivision and of each street, alley, square, park or other
part of the tract intended to be dedicated to public use or for the use of purchasers or
owners of lots fronting on or adjacent to the street, alley, square, park or other part.
(c) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the
plat in the manner required for the acknowledgment of deeds.
(d) The plat must be filed and recorded with the county clerk of the county in which the tract is
located.
(e) The plat is subject to the filing and recording provisions of V.T.C.A., Property Code § 12.002.
(f) A plat is not required for a subdivision that is a division of land into four or fewer parts if:
(1 } such division does not include streets, alleys, squares, parks or other parts intended to
be dedicated to public use or for the use of purchasers or owners of lots fronting on or
adjacent to the streets, alleys, squares or other parts;
(2) if each of the lots is to be sold, given, or otherwise transferred to an individual who is
related to the owner within the third degree by consanguinity or affinity, as determined
under Chapter 573, V.T.C.A, Government Code; and
(3) no development or construction is to occur on the property at the time of division of
land.
A plat is required before any lot of a subdivision described by this subsection:
(1) is sold, given, or otherwise transferred to an individual who is not related to the owner
within the third degree by consanguinity or affinity as determined under Chapter 573,
V.T.C.A, Government Code; or
(2) is developed in any manner and used for any purpose other than agricultural, wildlife
management or timber use within the meaning of Section 1 -d -1, Article VIII, Texas
Constitution; or
(3) is developed in any manner which directly or indirectly impacts the City's
infrastructure, water, wastewater or drainage system.
Section 2: Any person who fails to comply with any provision of this ordinance hereof 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 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 provisions, section, exception, subsection, paragraph, sentence, clause or phrase
of this ordinance or the application of same to any person or 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 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 (j70) days after passage of
this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the fLiky Council of the City of
Baytown, this the 26h day of July, 2012. u „
ATT y dO..4
,1,
AQAACIO RAMIREZ, SR., Ci A tomey
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DONCARLOS,