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HomeMy WebLinkAbout06881 ORD - 04/24/1963EE:11- 21F -63 AN ORDINANCE AMENDING SECTION 14 -5 OF THE CORPUS CHRISTI CITY CODE_1958, SO AS TO PROVIDE FOR PUBLIC HEARING BEFORE THE ZONING AND PLANNING COMMISSION UPON RECEIPT OF APPLICATION FOR AN EXCAVATION PERMIT; AMENDING SECTION 14 79 OF THE CORPUS CHRISTI CITY CODE, 1958, SO AS TO PROVIDE FOR APPEAL TO THE CITY COUNCIL FROM THE RULING OF THE ZONING AND PLANNING COMMISSION AND PROVIDING FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL AND NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SECTION 14 -5 OF THE CORPUS CHRISTI CITY CODE, 1958, BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 11+ -5. PERMIT- - APPLICATION -- REVIEW BY ZONING AND PLANNING COMMISSION. UPON RECEIPT OF AN APPLICATION FOR AN EXCAVATION PERMIT, THE ZONING AND PLANNING COMMISSION OF THE CITY SHALL SET THE SAME DOWN FOR PUBLIC HEARING. WRITTEN NOTICE OF SAID PUBLIC HEARING BEFORE THE ZONING AND PLANNING COMMISSION SHALL BE SENT TO THE OWNERS OF REAL PROPERTY LOCATED WITHIN 450' OF THE PROPERTY ON WHICH THE EXCAVATION IS PROPOSED. SAID NOTICE IS TO BE GIVEN AT LEAST FIVE DAYS BEFORE THE HEARING BY MAILING SAID NOTICE TO THE OWNERS WHO HAVE RENDERED THEIR PROPERTY FOR CITY TAXES, AS THE OWNERSHIP APPEARS ON THE LAST APPROVED CITY TAX ROLL. WHEN A PORTION OF THE PROPERTY LOCATED WITHIN 4501 OF THE PROPERTY UPON WHICH THE EXCAVATION IS PROPOSED IS LOCATED OUTSIDE THE CITY LIMITS OR WHICH WAS ANNEXED TO THE CITY AFTER THE FINAL DATE FOR MAKING THE RENDITIONS WHICH ARE INCLUDED ON THE LAST APPROVED CITY TAX ROLL, THEN NOTICE TO SUCH OWNERS SHALL BE GIVEN BY PUBLICATION AS SET FORTH BELOW. IN ADDITION TO THE NOTICE HEREIN PROVIDE:Dj NOTICE OF SAID PUBLIC HEARING SHALL BE PUBLISHED ONCE IN THE OFFICIAL PUBLICATION OF THE CITY AT LEAST FIVE DAYS PRIOR TO THE DATE OF SAID PUBLIC HEARING. UPON CONCLUSION OF THE HEARINGS THE ZONING AND PLANNING COMMISSION SHALL SUBMIT ITS RECOMMENDATION TO THE DEPARTMENT OF PUBLIC WORKS WHICH SHALL GRANT OR REFUSE THE PERMIT IN ACCORDANCE WITH SUCH RECOMMENDATION." SECTION 2. THAT SECTION 114 -9 OF THE CORPUS CHRISTI CITY CODE, 1958, BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 14-9. PERMIT -- APPEALS TO CITY COUNCIL. IN THE EVENT AN APPLICANT IS REFUSED AN EXCAVATION PER - MIT� HE MAY NOT LATER THAN TEN DAYS FROM THE DATE OF RECEIVING NOTICE OF SUCH REFUSAL, APPEAL TO THE CITY COUNCIL FOR A PUBLIC HEARING ON THE REFUSAL, BY DIRECT- ING A LETTER TO THE CITY COUNCIL SETTING FORTH THEREIN THE DATE OF DENIAL OF THE EXCAVATION PERMIT AND THE REASONS WHY THE APPLICANT FEELS HE HAS BEEN WRONGED IN BEING REFUSED THE PERMIT. IN THE EVENT THE ZONING AND PLANNING COMMISSION OF THE CITY RECOMMENDS TO THE DEPART- MENT OF PUBLIC WORKS THAT THE PERMIT BE GRANTED ANY PERSON MAY WITHIN TEN DAYS OF THE RECOMMENDATION TO GRANT THE PER- MISSION BY THE ZONING AND PLANNING COMMISSIONS APPEAL TO THE CITY COUNCIL FOR A PUBLIC HEARING ON THE QUESTION OF THE GRANTING OR REFUSALS AS THE CASE MAY BED OF THE PERMITS BY DIRECTING A LETTER TO THE CITY COUNCIL ADDRESSED TO THE OFFICE OF THE CITY SECRETARY AT THE CITY HALL, CORPUS CHRISTI TEXAS SETTING FORTH THEREIN THE DATE OF THE RECOMMENDATION OF THE ZONING AND PLANNING COMMISSION, AND THE REASONS WHY THE PERSON SO APPEALING FEELS THAT HE HAS BEEN OR WILL BE INJURED BY THE ACTION FROM WHICH HE IS TAKING SUCH APPEAL. UPON THE FILING OF SAID APPEAL, THE RIGHT TO OPERATE UNDER ANY SUCH EXCAVATION PERMIT SHALL BE SUSPENDED UNTIL FINAL DETERMINATION BY THE CITY COUNCIL AND THEN IN ACCORDANCE WITH THE FINAL DECISION OF THE CITY COUNCIL. THE CITY COUNCIL SHALL, ON RECEIVING SUCH NOTICE OF APPEAL, DIRECT THE CITY SECRETARY TO PLACE IT ON THE CITY COUNCILS WORK AGENDA TO BE CONSIDERED IN THE DUE ORDER OF CITY BUSINESS. THE CITY SECRETARY SHALL THEN NOTIFY THE APPELLANT AS TO THE DATE AND PLACE WHERE THE CITY COUNCIL WILL CONSIDER THE APPEAL, AND PUBLISH A NOTICE ONE TIME IN THE OFFICIAL NEWSPAPER AT LEAST FIVE DAYS BEFORE THE DATE WHEN THE CITY COUNCIL WILL CONSIDER THE APPEAL. THE CITY COUNCIL ON CONDUCTING THE PUBLIC HEARING REGARDING THE APPEAL MAYS BY MAJORITY VOTE OF ALL OF THE COUNCIL, EITHER GRANT OR REFUSE TO GRANT THE PERMIT. IN THE EVENT THE PERMIT IS GRANTED, PERMIT SHALL BE ISSUED BY THE DIRECTOR OF PUBLIC WORKS IN ACCORDANCE WITH THE DIRECTION OF THE CITY COUNCIL.1f SECTION 3. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLICATION 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 IMMEDIATELY PROVIDING A METHOD OF PUBLIC HEARING AND APPEAL, AS HEREINABOVE PROVIDED CREATES A PUBLIC EMER- GENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION 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, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION -2- MEW OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATIONS IT IS ACCORDINGLY SO ORDAINED THIS THE p- �: DAY OF APRIL, 1963. T ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED * TO LEGAL FORM THI a _DAY THE OF APRIL, 1963: q� � - ";bC ATTORNEY • CORPUS CHRISTI, TEXAS D AY OF / jyzi TO THE MEMBERS OF THE CITY COUNCIL 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, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, ��IAYOR " THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON \ M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE. JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO al r, W. J. ROBERTS W. H. WALLACE, JR.