An ordinance amending Chapter 19 (subdivisions) of the Code of Ordinances, City of Port Arthur, Texas, to add conservation of energy; definition of solar energy; design of streets; and paved streets with open ditch drainage; providing a penalty of not less than one dollar nor more than two hundred dollars for its violation; and providing for publication in the official newspaper of the City of Port Arthur. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: 

Section 1. That Section 19-3 (Purpose) of Article I (General Provisions and Requirements ) of Chapter 19 (Subdivisions) shall be amended to read as follows: 

"Sec. 19-3. Purpose. 

" To provide for the safe, orderly, and healthful development of the City and its environs; for the coordination of streets within subdivisions with other existing or planned streets, or with other features of the comprehensive plan and major street and highway plan of the City; for access to and extension of public utility facilities; for the conservation of energy; for adequate open space for traffic, recreation, light, air and utilization of solar energy; and for the distribution of population and traffic which will tend to create conditions favorable to health, safety, morals and the general welfare of the City."

"(35) Solar Energy: Radiant energy (direct, diffuse, and reflected) received from the sun."

A. Paragraph (3) of Subsection (A) of Section 19-33 shall read as follows: 

"(3). Subdivisions shall fit and take advantage of topography and solar orientation to the end that good building sites are provided and utilities can be provided most economically."

B. Paragraphs (3) and (4) of Subsection (E) shall be renumbered to read (4) and (5), and the following Paragraph shall be numbered (3) and shall read as follows: 

"(3) When the Subdivision abuts an area developed with or specified for high or mid-rise buildings (or in the case of a Planned Development District which will be developed with mid or high-rise buildings), the location of open space whenever possible shall be such that it will protect shorter structures from shadows cast by taller buildings."

C. Paragraph (1) of Subsection (F) (Streets and Alleys) shall be renumbered to read (1) (a) and there shall be added thereto a paragraph to be numbered (b), which shall read as follows:

"(b). Streets shall be designed so that at least eighty (80%) percent of the building in the subdivision can be oriented with their long axes parallel to nine (9° ) degrees south of West with a possible variation to six (6° ) degrees north of West or to twenty-five (25° ) degrees south of West. Exceptions to the required orientation may be granted (in accordance with Article V (Variances Section 19-51 (Hardship)) hereof) when it is shown that strict compliance is infeasible due to: the size, configuration, or orientation of the property, the nature of surrounding development, circulation patterns, improved design, or existing physical features of the site such as topography or vegetation."

D. Paragraph (2) (Right-of-Way Requirements) of Subsection (F) (Streets and Alleys) shall be amended by substituting the first sentence for the following sentence, which shall read as follows: 

"All streets shall have a minimum right-of-way of sixty (60) feet with fifty (50) feet width exceptions granted streets with an ultimate length of 600 feet or less, where only single family residential lots abut such streets and where at least eighty (80%) percent or the greatest possible number of buildings on lots abutting such streets can be oriented with their long axes parallel to nine (9° ) degrees south of West with a possible variation to six (6° ) degrees north of West or to twenty-five (25° ) degrees south of West."

E. Paragraph (3) (Lots) of Subsection (H) (Engineering Data) shall be amended by inserting the following wording in lieu of the second sentence of said Paragraph and shall read as follows: 

"The following note for side lot lines may be used when applicable in lieu of bearings:"

F. That Paragraph (1) (General) of Subsection (I) (Lots) shall be amended to read as follows: 

"(1) General. The lot design shall provide for lots of adequate width, depth, and shape for solar orientation, to provide open area, to eliminate overcrowding, and to be appropriate for the location of the subdivisions and for the type of development contemplated. Lots and building setback lines shall be designed so that at least eighty (80%) percent of the buildings in the subdivision can be oriented with their long axes parallel to nine (9° ) degrees south of West with a possible variation to six (6° ) degrees north of West or to twenty-five (25° ) degrees south of West. Exceptions to the required orientation may be granted as provided in Section 3,f(1),(b) hereof. All lots shall front on a street except as may be excepted by the provisions of the ‘Townhouse and Townhome’ Ordinances (Ordinances No’s. 68-33 and 68-34 respectively)."

"In or adjacent to a previously platted and improved subdivision where the storm drainage is predominantly of open-ditch design, the Commission may approve, upon the recommendation of the City Engineer, a concrete street pavement width of twenty-two (22) feet to twenty-four (24) feet with open-ditch drainage."

Section 6. 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 jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. 

Section 7. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. 

Section 8. Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined in any sum not less than One ($1.00) Dollar nor more than Two Hundred ($200.00) Dollars. 

Section 9. This Ordinance or its caption and penalty shall be published at least one (1) time within ten (10) 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. 

READ, ADOPTED, AND APPROVED this 4^th day of September A.D., 1979, at a special Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: 

AYES: Mayor Sadler, Councilmen Conerly, Guidry, Huber, Clark, Janes, and Bernard; 
NOES: None 
ATTEST: Carolyn Dixon, City Secretary 
APPROVED AS TO FORM: George Wikoff, City Attorney 
APPROVED FOR ADMINISTRATION: Robert A. Bowers, P.E., Director of Public Services; Ross Wilhite, Director of Planning.

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