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Home My WebLink About06617 ORD - 08/29/1962rp/.{ • AN ORDINANCE AMENDING ORDINANCE NO. 4168, AS AMENDED, BY AMENDING SECTION VI BY ADDING A NEW SUBSECTION DESIGNATED AS SUBSECTION "E" SO AS TO AUTHORIZE THE PLATTING OF A LOT COMPOSED OF A PART OF ONE OR MORE PLATTED LOTS UNDER CERTAIN CIRCUMSTANCES, AND SETTING FORTH THE PROCEDURE FOR SUCH REPLATTING; FORBIDDING THE SUB - DIVISION OF PLATTED LOTS EXCEPT BY COMPLIANCE WITH THE PROVISIONS OF THE PLATTING ORDINANCE; PROVIDING SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, MANY LOTS- WITHIN THE CITY HAVE BEEN DIVIDED AS TO OWNER- SHIP SO THAT OWNERSHIP IS NOT IN ACCORDANCE WITH THE BOUNDARY LINES SHOWN ON THE PLAT TO THE EFFECT THAT SAID LOTS, AS PLATTED, HAVE BEEN DIVIDED INTO ONE OR MORE BUILDING SITES AND OWNERSHIPS AND ARE BEING USED AS SUCH, NOT- ,,,. WfTHSTANDING THAT ARTICLE 974A OF THE REVISED CIVIL STATUTES OF TEXAS REQUIRES s THE FILING OF A PLAT WHERE LAND IS SUBDIVIDED INTO TWO OR MORE PARTS; AND WHEREAS, MANY PRESENT OWNERS OF SUCH FRACTIONS OF LOTS DESIRE TO _ OBTAIN. PERMITS FOR IMPROVEMENTS ON SAID FRACTIONAL LOTS AND IN SOME INSTANCES DESIRE CONNECTIONS TO SEWER, WATER AND OTHER PUBLIC UTILITIES WHICH, UNLESS SAID FRACTIONAL LOTS ARE REPLATTED, IS FORBIDDEN BY THE TERMS OF ARTICLE 974A OF THE REVISED CIVIL STATUTES OF TEXAS;.AND It WHEREAS, IT IS IN THE PUBLIC INTEREST TO PROVIDE RELIEF TO THE PRESENT OWNERS OF SAID FRACTIONAL LOTS WHO, IN MANY INSTANCES, ARE INNOCENT OF THE FACT THAT THEIR GRANTORS DID NOT COMPLY WITH THE REQUIREMENTS OF CITY ORDINANCES OR SAID ARTICLE 974A; AND WHEREAS, IT IS IN -THE PUBLIC INTEREST TO ASSIST THE PRESENT LANDOWNERS TO PLAT SAID LOTS IN ACCORDANCE WITH THE PRESENT OWNERSHIP AND IN ORDER TO GIVE SUCH ASSISTANCE, THE CITY COUNCIL HAS DETERMINED THAT THE PROCEDURE HEREINAFTER PROVIDED IN THE SPECIAL INSTANCES HEREINAFTER MENTIONED WOULD PROVIDE PRESENT PROPERTY OWNERS WITH A MEANS OF COMPLYING e WITH THE PROVISIONS OF THE LAW: q 6G1 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE N0. 4168 BE AND THE SAME IS HEREBY AMENDED BY AMENDING SECTION VI'OF`0 Z:WID OWDPNANCE, AS AMENDED, BY ADDING A NEW SUBSECTION, DESIGNATED AS SUBSECTION E, READING AS FOLLOWS: °E. PROCEDURE FOR PLATTING FRACTIONS OF PREVIOUSLY PLATTED LOTS. AS A FURTHER EXCEPTION TO THE PROVISIONS OF THE GENERAL RULES AND REGULATIONS SET FORTH IN THE CITY PLATTING ORDINANCE, FRACTIONAL LOTS FRONTING ON EXIST- ING PUBLIC STREETS MAY BE PLATTED IN THE FOLLOWING INSTANCES BY COMPLYING WITH THE FOLLOWING PROVISIONS: 1. WHERE, AT THE TIME OF THE PASSAGE OF THIS ORDINANCE, ANY PLATTED • LOT OR TRACT HAS BEEN DIVIDED INTO TWO OR MORE PARTS AND (1) A BUILDING EXISTS ON ONE OR MORE OF SAID PARTS, AND THE BUILDING SITE IS EITHER A SEPARATE PARCEL OR A PARCEL COMBINED WITH OTHER LAND AND (Z) THE OWNER OF SAID BUILDING AND LAND ON WHICH THE SAME IS SITUATED DOES NOT OWN ANY ADJACENT LAND WHICH WAS PART OF THE PLATTED LOT OR TRACT OUT OF WHICH THIS AREA IS CARVED, THEN: (A) SAID PARCEL OF LAND ON 'WHICH THE BUILDING IS LOCATED SHALL HEREAFTER BE CONSIDERED AS A LOT; BUT (B) NO PERMIT FOR CONSTRUCTION OR REPAIR OF SAID BUILD- ING AND NO PERMIT FOR ANY MUNICIPAL UTILITY SHALL BE ISSUED FOR SAID LOT UNTIL SAID LOT SHALL HAVE BEEN PLATTED, EITHER BY A SURVEYOR OR ENGINEER QUALIFIED BY LAW TO PRACTICE BOUNDARY -LINE SURVEYING, AND WHERE THE TERM 'SURVEYOR' IS HEREINAFTER USED IT SHALL MEAN A- PERSON HAVING SUCH QUALIFICATIONS, OR BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY AS HEREINAFTER PROVIDED, AND SUCH PLAT FILED IN THE OFFICE OF COUNTY CLERK OF NUECES COUNTY. -2- • 2. WHERE A PLATTED LOT OR TRACT HAS BEEN DIVIDED INTO TWO OR MORE PARTS AND (1) ONE OR MORE OF SAID PARTS IS SEPARATELY OWNED AT THE TIME OF PASSAGE OF THIS ORDINANCE AND (2) SAID PART IS LARGE ENOUGH TO MEET THE MINIMUM LOT AREA REQUIREMENT OF THE CITY ZONING ORDINANCE AND (3) SAID PART HAS NO BUILDING THEREON, THEN: (A) SAID SEPARATELY OWNED PARCEL INCLUDING ITS ENTIRE AREA SHALL BE CONSIDERED AS A LOT; BUT (B) NO PERMIT FOR CONSTRUCTION OR REPAIR OF 'ANY, BUILDING AND NO PERMIT FOR ANY MUNICIPAL UTILITY SHALL BE ISSUED FOR SAID LOT UNTIL SAID LOT SHALL HAVE BEEN PLATTED, EITHER BY A SURVEYOR OR BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY AS HEREINAFTER PROVIDED, AND FILED IN THE OFFICE OF COUNTY CLERK OF NUECES COUNTY. 3. WHERE A PLATTED LOT OR TRACT HAS BEEN DIVIDED INTO TWO OR MORE PARTS AND (1) ONE OR MORE OF SAID PARTS IS SEPARATELY OWNED AT THE TIME OF PAS- SAGE OF THIS ORDINANCE AND (2) SAID PART HAS NO BUILDING THEREON AND (3) SAID SEPARATELY OWNED PART IS NOT LARGE ENOUGH TO COMPLY WITH THE LOT AREA REQUIREMENT OF THE CITY ZONING ORDINANCE, THEN: (A) THE OWNER OF SAID PART SHALL APPLY TO THE BOARD OF ADJUST- MENT FOR A VARIANCE OF THE LOT AREA REQUIREMENTS OF THE ZONING ORDINANCES IF (1) THE OWNER AT THE TIME OF APPLICATION TO THE BOARD OF ADJUSTMENT IS THE SAME OWNER AS AT THE TIME OF THE PASSAGE OF THIS ORDINANCE, AND (2) THE OWNER HAS NOT VOLUNTARILY REDUCED THE SIZE OF SAID PART BELOW THE LOT AREA REQUIREMENTS OF THE ZONING ORDINANCE AFTER THE PASSAGE OF THIS ORDINANCE. (B) THE BOARD OF ADJUSTMENT, AFTER NOTICE AND HEARING PROCEDURES AS REQUIRED IN OTHER VARIANCE CASES, MAY APPROVE SAID PART -3- >F • AS A LOT IF SAID BOARD FINDS SAID APPROVAL IS NOT CONTRARY TO PUBLIC INTEREST. (C) IF THE BOARD OF ADJUSTMENT APPROVES SAID PART AS A LOT, THEN SAID PART SHALL HEREAFTER BE CONSIDERED AS A LOT. (D) NO PERMIT FOR CONSTRUCTION OR REPAIR OF ANY BUILDING AND NO PERMIT FOR ANY MUNICIPAL UTILITY SHALL BE ISSUED FOR SAID LOT UNTIL SAID LOT SHALL HAVE BEEN PLATTED EITHER BY A SURVEYOR OR BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY AS HEREINAFTER PROVIDED, AND FILED IN THE OFFICE OF COUNTY CLERK OF NUECES COUNTY. 4. WHEN ANY PERSON OWNS PROPERTY ENTITLED TO RECOGNITION AS A LOT UNDER ANY OF THE THREE PRECEDING PROVISIONS AND SAID PERSON DESIRES TO HAVE SAID PROPERTY PLATTED AND SUCH PLAT FILED, HE MAY DO SO UNDER ONE OF THE FOLLOWING ALTERNATIVES: (1) OBTAIN FROM A SURVEYOR A PLAT OF THE LOT SHOWING THE THINGS REQUIRED TO BE SHOWN ON A PLAT UNDER THE PROVISIONS OF THE CITY PLATTING ORDINANCE EXCEPT THAT SUCH SURVEYOR SHALL SHOW BY HIS CERTIFICATE WHETHER OR NOT AN ACTUAL SURVEY OF THE PROPERTY WAS MADE ON THE GROUND AND, IF NOT, THAT THE -- C:PL'AT' IS IN ACCORD- ANCE WITH A DEED OR OTHER RECORDED EVIDENCE OF TITLE THE RECORD OF WHICH IS INCLUDED IN SAID CERTIFICATE; OR RECORDED (2) SUCH OWNER MAY PRESENT HIS DEED OR OTHER/EVIDENCE OF OWNERSHIP OF THE SUBJECT PROPERTY AND REQUEST THE DEPARTMENT OF PUBLIC WORKS OF THE CITY TO PREPARE A t • PLAT FOR SUCH OWNER. SUCH APPLICATION SHALL BE ON THE FORM PREPARED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY AND HAVE ATTACHED - THERETO A POWER OF ATTORNEY AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO PRESENT SUCH PLAT TO THE ZONING AND PLANNING COMMISSION FOR APPROVAL AND TO SIGN AND RECORD THE PLAT OF THE SUBJECT PROPERTY, FOR THE OWNER. SAID APPLICATION SHALL BE ACCOMPANIED BY THE PAYMENT OF A FEE i�OF $21.00. THE APPLICANT MAY DECLINE, IF HE DESIRES TO EXECUTE THE POWER OF ATTORNEYS BUT SHALL NOT BE ENTITLED TO ANY PERMIT UNTIL THE PLAT IS OF RECORD UNLESS SUCH A POWER OF ATTORNEY IS EXECUTED. WHEN SO REQUESTED THE DIRECTOR OF PUBLIC WORKS SHALL PREPARE OR DIRECT THE PREPARATION OF SUCH PLAT UNDER THE SAME CERTIFICATE AS PROVIDED IN (1) NEXT ABOVE. WHEN A PLAT PREPARED BY SUCH SURVEYOR OR PREPARED BY THE DEPARTMENT OF PUBLIC WORKS IS IN THE HANDS OF THE CHIEF OF THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS, SUCH PLAT SHALL BE SUBMITTED TO THE ZONING AND PLANNING COMMISSION FOR APPROVAL IN COMPLIANCE WITH THE PROVISIONS OF ' THE CITY PLATTING ORDINANCE, AND WHEN APPROVED BY THE ZONING AND PLANNING COMMISSION, SHALL BE FILED FOR RECORD IN THE OFFICE OF THE COUNTY CLERK OF Y,. NUECES COUNTY, TEXAS. IN THE EVENT THE OWNER ELECTS THE ALTERNATIVE OF REQUESTING THE DEPARTMENT OF PUBLIC WORKS OF THE CITY TO PREPARE THE PLATS FILES THE APPLI- CATIONS AND THE POWER OF ATTORNEY AND PAYS THE $21.00 FEES THE CHIEF OF THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS MAY ACT ON ANY APPLICATION -5- FOR REPAIR OR CONSTRUCTION ON THE LOT OR THE CONNECTION OF ANY UTILITY TO SAID LOT TO THE SAME EXTENT AS THOUGH THE PLAT OF THE LOT IS AT THAT TIME ON FILE. IN THE EVENT THE OWNER ELECTS TO HAVE A SURVEYOR, AND NOT THE CITY, TO PREPARE SUCH PLATS NO PERMIT SHALL BE ISSUED UNTIL SUCH PLAT APPROVED BY THE ZONING AND PLANNING COMMISSIONS TOGETHER WITH A FEE OF $6.00, SHALL BE PRESENTED TO THE CHIEF OF THE INSPECTION SECTION FOR FILING IN THE RECORDS OF THECOUNTY CLERK OF NUECES COUNTY TEXAS. IN THE EVENT THE OWNER DOES NOT DELIVER THE POWER OF ATTORNEY AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN AND RECORD SUCH PLATS NO PERMIT SHALL BE ISSUED UNTIL SUCH COMPLETED PLAT IS OF RECORD OR IS READY FOR RECORDING, AND, TOGETHER WITH THE PAYMENT OF`THE REQUIRED FEE, IS IN _ THE HANDS OF THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY. SECTION 2. IF FOR ANY REASON, ANY SECTION, PARAGRAPH, SUBDI- VISIONS CLAUSEI PHRASES OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALIDS IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULA- TIONS RELATE. SECTION 3. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLICA- TION OF THE CITY OF CORPUS CHRISTI, ONE TIME, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 4. THE NECESSITY FOR AIDING THE PRESENT OWNERS OF SEPARATE PORTIONS OF PLATTED LOTS TO ESTABLISH THE SAME AS A LOT CREATES A PUBLIC C14ERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS- PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, -6- AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE SE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAG ND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF 1962, ATTEST: MAYOR P THE CITY OF CORPUS CHRISTI, TEXAS CI SECRETARJ APPROVED AST /0 LEGAL FORM IS THE_jj_DAY OF 1962: CITY ATT RNE ' • CORPUS CHRISTI, TEXAS ' r*;4 T DAY OF Q�q y j�% � TO THE MEMBERS OF THE CITY COUNCIL —"Id =n^ CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THER EFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. 3 RESPECTFULLY, MAYOR THE ,CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN F. MCDONALD �—/ l TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO '\ W. J. % JAGJA MES H. YOUN G H. YOUN THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; BEN F. MCDONALD TOM R. $WANTNER -- DR. JAMES L. BARNARD' JOSE R. DELEON -.. M. P. MALDONADO 7� W. J. ROBERTS ' JAMES H. YOUNG y•