HomeMy WebLinkAboutPO 5950: AMEND EXCAVATION ORDINANCEPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen B. Fitrgibbons, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SUBJECT P.O. #5950 -Amending Excavation Ordinance
DATE 10 November 2008
RECOMMENDATION:
I recommend that the City Council approve Proposed Ordinance No. 5950, amending
Chapter 94 "Streets, Sidewalks, and Other Public Places" of the Code of Ordinahces as to
excavations and allowing for architectural lake features in developments.
BACKGROUND:
The City has received multiple requests for excavations providing for lake features to
enhance new developments. In addition, certain aspects of the ordinance regulating
excavations needed revision as to definitions and some technical requirements. The
proposed revision is attached, with strikeouts showing text to be removed and bold text
showing information to be added.
BUDGETARY/FISCAL EFFECT:
None.
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY
I recommend that the City Council approve Proposed Ordinance No. 5950, amending
Chapter 94 "Streets, Sidewalks, and Other Public Places" of the Code of Ordinances as to
excavations and allowing for architectural lake features in developments.
~~ G~~
Ross E. Blackketter, P.E.
Director of Public Works
att: Proposed revised Article VII. EXCAVATIONS showing deletions and additions
REB/reb
Z: \engineer\documents\CAMS\ExcavationOrd. doc
ARTICLE VII. EXCAVATIONS*
*State law references: Trench safety standards, V.T.C.A., Health and Safety
Code § 756.021 et seq.
DIVISION 1. GENERALLY
Sec. 94-421. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Borrow pit means the. pit, hole or depression created by any excavation of dirt,
sand, stone or other earth material..
Commercia/ excavation means a borrow pit excavated for the purpose
of providing soil for sale offsite.
Detention pond means an impoundment type pond that temporarily stores
runoff water and releases it at a rate which will not cause flooding to areas
downstream. A detention porid fray-be is designed to remain dry except at
those times when it is storing runoff water.
Retention pondmeans a pond that is designed to contain water on a
normal basis. A retention pond may be designed to provide
stormwater detention or storage, said volume to be calculated above
the normal water level of the pond. For the purposes of this ordinance,
a retention pond is incorporated into the development for the primary
purpose of being an architectural or landscape feature.
Person means natural persons, firms, associations, public or .private.
corporations, and governmental agencies or instrumentalities.
(Code 1961, § 8A-1)
Cross references: Definitions generally, § 1 2.
Sec. 94-422. Exemptions.
This article shall not be applicable to excavation for foundation purposes, where
a building permit has been properly applied for and granted in accordance. with
the building code; provided, however, that if the construction for which a
building permit had been granted should be abandoned or delayed for a period
longer than 180 days, any pit excavated shall be required to conform to the
provisions of sections 94-423, 94-424 and 94-428. This article shall not be
applicable to excavations of drainage ditches; canals, underpasses or similar
facilities or to any other construction covered by a valid building permit.
1 of 6
(Code 1961, § 8A-3)
Sec. 94-423. Specifications.
(a) No excavation shall be made within 30 feet of any property line without
the express written consent of the owner of the adjacent properly. 8er~ev~-pit$
..;
'« ^'" ~~ ~~~ Excavation which is conducted adjacent to roadways,
easements, drainage systems, utility lines or other structures shall be conducted
at an adequate distance from such facilities, as determined by the Director of
Public Works, so as not to interfere with or cause damage to such facilities. All
berms and side slopes shall be seeded in accordance with the latest state
department of transportation specifications for seeding. to .control erosion.
(b) Commercial borrow pits and detention ponds shall be sloped no
steeper than four feet horizontal for each one foot vertical
measurement (4:1), or as otherwise required in V.T.C.A., Health and
Safety Code § 756.021 et seq.
(c) Retention pond side slopes shall be graded at the angle of
natural repose of the native soil as determined by a geotechnical
engineer, but shall not exceed four feet horizontal for each vertical
measurement (4:1) from the top of the excavation to a depth of two
(2) feet below the normal water surface. Below that depth, the side
slopes shall not exceed three feet horizontal for each one foot vertical
measurement (3:1).
(d) The design of all excavations shall be supported by the analysis
of a geotechnical engineer, including soils borings to a depth of a
minimum of three (3) feet greater than. the proposed depth of the
excavation.
(Code 1961, § 8A-5)
Sec. 94-424. Where prohibited.
No unauthorized excavation may be made upon any dedicated street or highway
right-of-way or any planned or proposed street described in the major
thoroughfare plan of the city.
(Code 1961, § 8A-6)
Sec. 94-425. Trucks regulated.
Trucks hauling excavated material shall be required, insofar as possible, to use
existing truck routes. Excavated materials shall not be dropped or placed upon
any public street or highway. The. contractors handling the dirt are responsible
for cleaning up any dirt spilled or tracked upon the streets or highways.
(Code 1961, § 8A-7; Ord. No. 00-60, § 2, 10-3-2000)
Sec. 94-426. Recommendations by Planning and Zoning Commission.
2of6
(a) Upon proper application as provided iri section 94-452, the City Planning
and Zoning Commission shall recommend to the City Council the approval or
disapproval of an excavation permit, depending upon whether it is satisfied, from
competent evidence presented to it as may be required, that the proposed
excavation is consistent with the public health, safety and welfare; that the
requirements of this article will be met; and, in addition; provide for a future use
of the property in harmony with development planned-for the surrounding areas
as reflected in the zoning ordinance, subdivision plans, comprehensive plan for
the city, deed restrictions and existing usage.
(b) The recommendation of the Planning and Zoning Commission shall not be
required for an assignment of a permit. Nevertheless, the assignment shall still
require the approval by the City Council by a duly adopted resolution.
(Code 1961, § 8A-8; Ord. No. 00-38; § 2, 6-27-2000)
Sec. 94-427. Action by council.
Upon. receiving the recommendation of the Planning and Zoning Commission, the
City Council shall approve or disapprove the issuance of an excavation permit,
and such decision of the City Council shall be final.
(Code 1961, § 8A-9)
Sec. 94-428. Fence.
Upon completion of the excavation for which a permit has been granted under
this article, but not later than 180 days after excavation has begun a fence in
conformance with section 18-457(a) shall be erected.
(Code 1961, § 8A-10)
Secs.94-429--94-450. Reserved.
DIVISION 2. PERMIT
Sec. 94-451. Required.
Except as provided in section 94-422, no person shall dig, excavate, remove, or
cause to be dug, excavated or removed, any dirt, clay,. rock or other material
below the surface of the ground without having first obtained an excavation
permit in accordance with the provisions of this article. All excavations for which
a permit is required shall be subject to an annual inspection to ensure
compliance with .the requirements of this article. This inspection shall be
conducted by the Director of Public Works or his designee. A written inspection
report evaluating compliance with this article shall be filed with the City
Secretary. Any excavations in violation of this article are declared to be public
nuisances.
(Code 1961, § 8A-2)
Sec. 94-452. Conditions required for granting.
3of6
An excavation permit may. be granted for a retention ~ pond,
detention pond or commercial excavation, subject to the following:
(1) Noncommercial excavations providing egaivale+~t pending-(reter~ier~} for
a retention pond (landscape feature) may be granted, subject to the
following conditions:
a. Egttiva{ent pond shall be located on the development site;
b. Shall be supported by engineering. data;
c. Shall be acceptable to the city and drainage district no. 7 as operational
part of the drainage system if designed to provide for detention as stated
above in Sec. 94-421. "Definitions.";
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,.,f,....ti„a .,
weir.
d. The retention pond shall not comprise more than 30% (thirty
percent) of the total land area of the proposed development, up to a
maximum of 10 acres. Excess excavated material beyond that required
for the construction of the development may be exported offsite and
sold to other developments. The excess material exported offsite shall
not exceed 50% (fifty percent) of the total material removed, or
intended to be removed, from the excavation. In order to export
material from the excavation, the developer must first deposit a bond
in an amount equal to the cost of the proposed public infrastructure
improvements or $100,000 -whichever is. greater. Said bond will be
deposited with the Director of Planning and will be released after
completion and acceptance the public infrastructure;
e. Depth of the retention pond shall be designed to provide for
proper circulation and freshness of the water within. Accordingly, the
water surface elevation shall be a minimum of ten (10) feet above the
bottom of the excavation. In the event that this depth is not possible,
developer may. request that a fountain or other mechanical water
circulation structure be approved. Such approval will be at the
discretion of the Director of Planning, Director of Public Works, and the
Director of Community Services;
f. The retention pond shall be designed to include an emergency
overflow and outfall channel to protect the residents of the
development from flooding, in the event of excessive precipitation or
other such event that would cause the water to overtop the banks of
the feature. The outfall channel must be designed to safely route any
overflow water to an existing drainage feature or structure of sufficient
capacity for the volume of overflow resulting from a 100-year storm
° event and away from the development;
g. The retention pond shall be designed to include a minimum of
one (i) foot of freeboard between the normal water surface elevation
and the top of the excavation. In addition, the development must be
4of6
graded so that all structures will be constructed with a finish floor
elevation that is a minimum of one-half (0.5) foot above the top of the
excavation;
h. The development. must include a Homeowner's Association (HOA)
that will provide for proper maintenance of the landscape feature.
Such maintenance to include.keeping the banks of the feature clean
and. mowed and keeping the water surface clean and uncluttered. The
HOA will also be responsible for removing all debris from the feature
and repairing all damages sustained by the feature in the event of a
hurricane or other .natural disaster. The expenses incurred by such
activities shall be the sole responsibility of the HOA, the developer, and
the residents of the development. At no time will the feature ever be
dedicated to the City of Port Arthur to be owned, operated, or
maintained by the City;
i. The development shall include deed restrictions and the HOA
shall adopt rules prohibiting the operation of motorized watercraft
(boats, personal watercraft, etc.) on the pond.
j. A major building (residential or commercial) must be constructed
on the property within one year of the date of the permit.
(2) Noncommercial excavations providing detention. ponding may be utilized
for individual commercial or industrial development projects, subject to the
following conditions:
a. Excavations for detention ponding shall be supported by engineering data;
b. Acceptable to the City and Drainage District #7 as an operational part of
the drainage system;
c. The detention pond shall be located on the development site;
d. Shell in no case have a bottom elevation lower than -4 feet MSL;
e. Excavated earth materials shall be used within the development
or watershed area.
(3) Commercial excavation of earth materials shall be permitted only in
undeveloped areas bounded by Highway 73, Highway 365, West Port Arthur
Road and Highway 69, subject to the following conditions:
a. Commercial excavations shall be limited to areas with a natural ground
elevation of +2 feet MSL or less;
b. Shall provide supplemental storm-water storage for the Alligator Bayou
Ponding area;
c. Shall be acceptable to the city and Drainage District #7 as an operational
part of the drainage system;
d. Shall obtain a 404 permit from the Corps of Engineers or a determination
that one is not required.
(4) Commercial excavation of earth materials in areas outside of the area as
provided in 94-452 (3) shall only be permitted if the excavation, when
completed, provides for storage of water for farm or ranch purposes, subject to
the following conditions:
Sof6
a. Commercial excavation shall be completed within eighteen (18) months,
with a possible extension of siz (6) months. upon approval of the Director of
Planning.
b. No more than 70% of the earth material. may be sold commercially.
Remaining material shall remain onsite. -
c. No more than 10% of the available land to be used for farm or ranch
purposes may be excavated.
d. A residence must be constructed on the property prior to the end of the
excavation period.
e. Fencing requirements under Section 18-457(a) may be waived upon
review and- recommendation. by the Planning and Zoning Commission and
approval by the City Council, provided the farm or ranch is fenced.
(Code 1961; § 8A-2)
(5) With the exception of permits issued under § 94-452(4) above, the
term of the permit is for a period of one (1) year, with annual renewals
subject to the recommendations of the Director of Public Works and
Director of Planning and approval of the City Council.
Sec. 94-453. Application; fee.
Each application- for an excavation permit shall be in writing, on a Zoning
Application form provided €er~ia~-~ese by the city, stating the .purpose of
the proposed excavation, the names of all owners of land lying within 100 feet of
the proposed excavation, and shall be accompanied by an accurate drawing
showing the location of the proposed excavation and the dimensions of the
borrow pit to be created thereby and all engineering data required by
Sections 94-423 and 94-452.. Each application shall be accompanied by a
nonrefundable permit fee of $250.0 ,
.The permit fee shall not be required of any
governmental agency, entity or instrumentality, but all other requirements of this
article shall remain applicable to such bodies.
(Code 1961, § 8A-4)
Secs.94-454--94-480. Reserved.
,.
6of6
P.O. 5950
11/10/08 reb
ORDINANCE
..
AN ORDINANCE AMENDINGCHAPTER 94 "STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES" OF THE CODE OF ORDINANCES AS IT
PERTAINS TO EXCAVATIONS; PUNISHABLE AS PROVIDED IN SECTION
1-13. OF THE CODE OF ORDINANCES, AS AMENDED, BY FINE NOT
EXCEEDING TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF
PORT ARTHUR AND, EFFECTIVE IMMEDIATELY AFTER PUBLICATION
DATE.
WHEREAS, the City Council desires to adopt fhe changes to the ordinance regulating
excavations as delineated herein; and,
WHEREAS, the City Council deems it in the best interests of the City to amend Chapter
94 "Streets, Sidewalks and Other Public Places" of the Code of Ordinances, allowing the
creation of an architectural-lake or water feature to promote a development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
Section 1. That, the facts and opinions in the preamble are true and correct.
.Section 2. That, ARTICLE VII "DCCAVATIONS" of Chapter 94 of the Code of
Ordinances is hereby amended to read as follows:
"DIVISION 1. GENERALLY
Sec. 94-421. Definitions.
The following words, terms and phrases, when- used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Borrow pit means the pit, hole or depressioh created by any excavation of dirt, sand, stone or
other earth material.
Commercial excavation means a borrow pit excavated for the purpose of providing soil for sale
offsite.
Detention pond means an impoundment type pond,that. temporarily stores runoff water and
releases it at a rate which will not cause flooding to areas downstream. A detention pond is
designed to remain dry except at those times when it is storing runoff water.
Retention pond means a pond that is designed to contain water on a normal basis. A retention
pond may be designed to provide stormwater detention or storage, said volume to be
calculated above the normal water level of the pond. For the purposes of this ordinance, a
P.O. 5950
Page 2
retention pond is incorporated into the development for the primary purpose of being an
architectural or landscape feature.
Person means natural persons, firms, associations, public or private corporations, and
governmental agencies or instrumentalities. (Code 1961, § 8A-1)
Cross references: Definitions generally, § 1-2.
Sec. 94-422. Exemptions.
This article shall not be applicable to excavation for foundation purposes, where a building
permit has .been properly applied for and granted in .accordance with the building code;
provided, however, that if the construction for which a building permit had been granted should
be abandoned or delayed for a period longer than 180 days, any pit excavated shall be required
to conform to the provisions of sections 94-423, 94-424 and 94-428. This article shall not be
applicable to excavations of drainage ditches, .canals, underpasses or similar facilities or to any
other construction covered by a valid building permit.
(Code 1961, § 8A-3)
Sec. 94-423. Specifications.
(a) No excavation shall be made within 30 feet of any property line'without the express
written consent of the owner of the adjacent property. Excavation which is conducted adjacent
to roadways, easements, drainage systems, utility lines or other structures shall be conducted
at an adequate distance from such facilities, as determined by the Director of Public Works, so
as not to interfere with or cause damage to such facilities. All berms and side slopes shall be
seeded in accordance with the latest state department of transportation specifications for
seeding to control erosion.
(b) Commercial borrow pits and. detention ponds shall be sloped no steeper than four feet
horizontal for each one foot vertical measurement (4:1), or as otherwise required in_ V.T.C.A.,
Health and .Safety Code § 756.021 et.seq.
(c) Retention pond side slopes shall be graded at the angle of natural repose of the native
soil as determined by a geotechnical engineer, but shall not exceed four feet horizontal for each
vertical measurement (4:1) from the top of the excavation to a depth of two (2) feet below the
normal water surface. Below that depth, the side slopes shall not exceed three feet horizontal
for each one foot vertical measurement (3:1).
(d) The design of all excavations shall be 'supported by the analysis of a geotechnical
engineer, including soils borings to a depth of a minimum of three (3) feet greater than the
proposed depth of the excavation.
(Code 1961, § 8A-5)
Sec 94-424. Where prohibited.
No unauthorized excavation may be made upon any dedicated street or highway right-of-way or
any planned or proposed street described in the major thoroughfare plan of the city.
(Code 1961, § 8A-6)
Sec. 94-425. Trucks regulated.
Trucks hauling excavated material shall be required, .insofar as possible, to use existing truck
routes. Excavated materials shall not be dropped or placed upon any public street or highway.
The contractors handling the dirt are responsible for cleaning up any dirt spilled or tracked upon
the streets or highways.
(Code 1961,. § 8A-7; Ord. No. 00-60, § 2, 10-3-2000)
P.O. 5950
Page 3
Sec. 94-426. Rernmmendations by Planning and Zoning Commission.
(a) Upon proper application as provided in section 94-452, the City Planning and Zoning
Commission shall recommend to the City Council the' approval or disapproval of an excavation
permit, depending upon whether it is satisfied, from competent evidence presented to it as may
be required, that the proposed excavation is consistent with- the public health, safety and
welfare; that the requirements of this article will be met; and, in addition, provide for a future
use of the property in harmony with development planned for the surrounding areas as
reflected in the zoning ordinance, subdivision plans, comprehensive plan for the city, deed
restrictions and existing usage.
(b) The recommendation of the Planning and Zoning Commission shall not be required for
an assignment of a permit. Nevertheless, .the assignment shall still require the approval by the
City Council by a duly adopted resolution.
.(Code 1961, § 8A-8; Ord. No. 00-38, § 2, 6-27-2000)
Sec. 94-427. Action by Council.
Upon receiving the recommendation of the Plarining and Zoning Commission, the City Council
shall approve or disapprove the issuance of an excavation permit, and such decision of the City
Council shall be final.
(Code 1961, § 8A-9)
Sec. 94-428. Fence.
Upon completion of the excavation for which
not later than 180 days after excavation has
457(a) shall be erected.
(Code 1961, §.8A-10)
Secs.94-429--94-450. Reserved.
a permit has been granted under this article, but
begun a fence in conformance with section 18-
DMSION 2. PERMIT
Sec 94-451. Required.
Except as provided in section 94-422, no .person shall dig, excavate, remove, or cause to be
dug, excavated or removed, any dirt, clay, rock or other material below the surface of the
ground without having first obtained an excavation permit in accordance with the provisions of
this article. All excavations for which a permit is required shall be subject to an annual
inspection to ensure compliance with the requirements of this article. This inspection shall be
conducted by the Director of Public Works or his designee. A written inspection report
evaluating compliance with this article shall be filed with the City Secretary. Any excavations in
violation of this article are declared to be public nuisances.
(Code 1961, § 8A-2)
Sec. 94-452. Conditions required for granting.
An excavation permit may be granted for a retention pond, detention pond or commercial
excavation, subject to the following:
(1) Noncommercial excavations providing for a retention pond (landscape feature) may be
granted, subject to the following conditions:
a. Pond shall be located on.the development site;
b. Shall be supported by engineering data;
P.O. 5950
Page 4
c. Shall be acceptable to the city and drainage district no. 7 as operational part of the
drainage system if designed to provide for detention as stated above in Sec. 94-421.
"Definitions.";
d. The retention pond shall not comprise more than 30% (thirty percent) of the total land
area of the proposed development, up to a maximum of 10 acres. Excess excavated material
beyond that required for the construction of the development may be exported offsite and sold
to other developments. The excess material exported offsite-shall not exceed 50% (fifty
percent) of the total material removed, or intended to be removed, from the excavation. In
order to export material-from the excavation, the developer must first deposit a bond in an
amount equal to the cost of the proposed public infrastructure improvements or $100,000 -
whichever is greater. Said bond will be deposited with the Director of Planning and will be
released after completion and acceptance the public infrastructure;
e. Depth of the retention pond shall be designed to provide for proper circulation and
freshness of the water within. Accordingly, the water surface elevation shall be a minimum of
ten (10) feet above the bottom of the excavation. In the event that this depth is not possible,
developer may request that a fountain or other mechanical water circulation structure be
approved. Such approval will be at the discretion of the Director of Planning, Director of Public
Works, and the Director of Community Services;
f. The retention pond shall be designed to include an emergency overFlow and outfall
channel to protect the residents of the development from flooding in the event of excessive
precipitation or other such event that would cause the water to overtop the banks of the
feature. The outfall channel must be designed to safely route any overflow water to an existing
drainage feature or structure of sufficient capacity for the volume of overflow resulting from a
100-year storm event and away from the development;
g. The retention pond shall be designed to include a minimum of one (1) foot of freeboard
between the normal water surface elevation and the top of the excavation. In addition, the
development must be graded so that all structures will be constructed with a finish floor
elevation that is a minimum of one-half (0.5) foot above the top of the excavation;
h. The development must include a Homeowner's Association (HOA) that will provide for
proper maintenance of the landscape feature: Such maintenance to include keeping the banks
of the feature clean and mowed and keeping the water surface clean and uncluttered. The.
HOA will also be responsible for removing all debris from the feature and repairing all damages
sustained by the feature in the event of a hurricane or other natural disaster. The expenses
incurred by such activities shall be the sole responsibility of the HOA, the developer, and the
residents of the development. At no time will the feature ever be dedicated to the City of Port
Arthur to be owned, operated,'or maintained by the City;
i. The development shall include deed restrictions and the HOA shall adopt rules
prohibiting the operation of motorized watercraft (boats, personal watercraft, etc.) on the pond.
j. A major building (residential or commercial) must be constructed on the property within
one year of the date of the permit.
(2) Noncommercial excavations providing detention ponding may be utilized for individual
commercial or industrial development projects, subject to the following conditions:
a. Excavations for detention ponding shall be supported by engineering data;
b. Acceptable to the City and Drainage District #7 as an operational part of the drainage
system;
c. The detention pond shall be located on the development site;
d. Shall in no case have a bottom elevation lower than -4 feet MSL;
P.O. 5950
Page 5
e. Excavated earth materials shall be used within the development or watershed area.
(3) Commercial excavation of earth materials shall be permitted only in undeveloped areas
bounded by Highway 73, Highway 365, West Port Arthur Road and Highway 69, subject to the
following conditions:
a. Commercial excavations shall be limited to areas with a natural ground elevation of +2
feet MSL or less;
b. Shall .provide supplemental storm water storage for the Alligator Bayou Ponding area;
c. Shall be acceptable to the city and Drainage District #7 as an operational part of the
drainage system;
d. Shall obtain a 404 permit from the Corps of Engineers or a determination that one is not
required.
(4) Commercial excavation of earth materials in areas outside of the area as provided in 94-
452 (3) shall only be permitted if the excavation, when completed, provides for storage of
water for farm or ranch purposes, subject to the following conditions:
a. Commercial excavation shall be completed within eighteen (18) months, with a possible
extension of six (6) months upon approval of the Director of Planning.
b. No more than 70% of the earth material may be sold commercially. Remaining material
shall remain onsite.
c. No more than 10% of the available land to be used far farm or ranch purposes may be
excavated.
d. A residence must be constructed on the property prior to the end of the excavation
period.
e. Fencing requirements under Section 18-457(a) may be waived upon review and
recommendation by the Planning and Zoning Commission and approval by the City Council,
provided the farm or ranch is fenced.
(Code 1961, § 8A-2)
(5) With the exception of permits issued under § 94-452(4) above, the term of the permit is for
a period of one (1) year, with annual renewals subject to the recommendations of the Director
of Public Works and Director of Planning and approval of the City Council.
Sec 94-453. Application; fee.
Each application for an excavation permit shall be in writing, on a Zoning Application form
provided by the city, stating the purpose of the proposed excavation, the names of all owners
of land lying within 100 feet of the proposed excavation, and shall be accompanied by an
accurate drawing showing the location of the proposed excavation and the dimensions of the
borrow pit to be created thereby and all engineering data required by Sections 94-423 and 94-
452. Each application shall be accompanied by a nonrefundable permit fee of $250.00. The
permit fee shall not be required of any governmental agency, entity or instrumentality, but all
other requirements of this article shall remain applicable to such bodies.
(Code 1961, § 8A-4)"
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held invalid or unconstitutional by any court of competent
P.0.5950
Page 6
jurisdiction, such portion shall be .deemed a separate, distinct, and independent provision and
such shall not affect the validity of the remaining portions hereof.
Section 4. All ordinances and parts of ordinances ih conflict herewith are hereby
repealed, but only to the extent of such conflict.
Section 5. Any person, firm, or .corporation who violates any provision of this
Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two
Thousand Dollars ($2,000.00) as provided in Section 1-13 of the Code of Ordinances, and each
day such violation shall be permitted to exist shall constitute a separate offense.
Section 6. The Ordinance or its caption and penalty shall be published at least one
(1) time within ten days after final passage hereof in the official newspaper of the City of Port
Arthur. This Ordinance shall take effect immediately after the date of. such publication.
Section 7. That, a copy of the caption of this Ordinance be spread upon the Minutes
of the City Council.
READ, ADOPTED, AND APPROVED on this day of , A.D. 2008 at
a regular meeting of the City Council of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Mayor
P.O. 5950
Page 7
Attest:
City Secretary
APPROVED FOR ADMINISTRATION:
Stephen 6. Fitzgibbons
City Manager
Ross E. Blackketter, P.E. _
Director of Public Works`
Z:\engi neer\Documents\Ordinances\P05950.doc
APPROVED AS TO FORM:
:~7~ ~~~~
City Attorney
Colleen Russell
Director of Planning