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HomeMy WebLinkAbout09534 ORD - 10/29/196911 .S:Nd•..i0 /1'316 AN ORDINANCE AMENDING ORDINANCE 1,10. )1168, GENERALLY REFERRED TO AS A PLATTING ORDINANCE, AS A!,;ENDED, BY DELETING THERE - FROM THE PRESENF SUi:•ECFION.i D AND E OF sCCT10i1 VI, AND IN LICU THEREOF, ADOPTING A NEW SUBSECTION D, SO AS TO PROVIDE A PROCEDURE FOR THE PLATTING OF SINGLE LOTS IN LEV; LOPED ADLAS BY THE DIE f AR"r.F NT OF ruxi C 14ORKS; PROVIDING A SAVI NCS CLAUSE; PROVIDING FOR PUB- LICATION; AND DECLARING AN EINERGENCY. DE IT ORDAINED BY TF!E CITY COUNCIL 01' THE CITY OF CORPUS CHRISTI, p, CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE N0. 4168, GENERALLY REFERRED TO AS THE "PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI ", AS AMENDED, EE AND THE SANE IS HEREBY, AFTER PUBLIC HEARING HELD OCTOBER , 1g6g, AMENDED BY DELETING THEREFROM THE PRESENT SUBSECTIONS D AND E OF SECTION V1, AND IN x LIEU THEREOF ADOPTING A NEW SUBSECTION D, READING AS FOLLOWS: ' "D. PROCEDURE FOR PLATTING OF SINGLE LOTS IN DEVELOPED_ AREAS BY THE DEPARTMENT OF PUBLIC WORKS. ' The Director of the Deparment of Public Works of the City shall have the power and may declare and grant an exception to the formal platting provisions of this ordinance when an owner of properLy has no recorded plaL, approving the area as a lot, upon which it is proposed to construct additional improvements provided such owner qualifying under the provisions of this section, r' complies with all of the requirements hereinafter set forth. 1 i' No permit or permits shall be issued by the Building Official or 1 the Building Division of the Department of Public Works, until a plat of the property to be improved, is signed by the Chairman of the Planning Commission and recorded by the County Clerk of Nueces County, Texas. A plat shall be prepared upon request of the owner only after the owner presents the recorded deed or field notes of a survey of said property to the Building Official from which a registered engineer or surveyor of the Department of Public Works will prepare the required plat for such owner, and pays a fee of $21.00. The Building Official of the Building Division of the Department of Public Works is hereby authorized to accept such requests by an owner of any parcel of property within the City limits, who desires to plat the same as a 0 9531 single lot, in keeping with the requirements for the respective property use classifications as set forth in the City Zoning Ordinance, for any additional construction or improvements on said property sought by such owner, when the planning of the orderly development, growth and expansion of the City will be accomplished as well by the requirements of this section, as would compliance with the other provisions of this ordinance in securing final approval of a plat, provided the owner making the request for said platting can establish that said property sought to be platted was a sepa- rately owned piece of property prior to the date of August 29, 1962 and such owner does not own any contiguous properties. The Department of Public Works shall prepare such plat, only upon the terms hereof and the applicant complying with the conditions hereinafter set- forth: A. That there is an existing principal structure,with or without an accessory building,on the lot-. B. That the property sought to be improved was under separate ownership and occupied by the applicant, prior to August 29, 1962 and is still so owned and occupied by the applicant, C. That the lot sought to be platted does not exceed one acre in size. D. That the applicant is not the owner of any abutting or adjoining land to that property sought to be platted. E. That said property sought to be platted abuts on a dedicated street sufficiently improved to show actual use by the public and must be in an area where easements for all public utili- ties have been dedicated or will, by the platting of said property under the terms of this provision, be dedicated to the public for the future installation of all utilities that would serve said property. F. That by deed, survey, field notes, etc. that the field notes of the lot will close within accepted Engineering Standards. G. That applicant sign a request for such platting and pay a fee of twenty -one dollars ($21.00) to the Building Official to defray cost of preparation and filing of such p1ct. The twenty -one dollars ($21.00) will be refunded if it is determined by an engineer or surveyor of the Department of Public Works that such property will not close according to information submitted by the applicant. -2- THE APPLICANT SHALL DC REQUIRED TO ASK FOR A VARIANCE FROM THE BOARD OF ADJUSTMENT IF IT IS FOUND THE LOT DOES NOT MEET THE MINIMUM REQUIRLI1CHTS Of THE ZONING ORDINANCE AND SUCH VARIANCE SHALL DE GRANTED DEFORC SUCH PLAT CAN BE CONSIDERED BY THE PLANNING COMt•IISSIOFI. IF FOR ANY REASON THE APPLICANT REFUSES TO SIGN SUCH PLAT AFTER BEING PREPARED OY THE DEPARTMENT OF PUBLIC WORKS, SUCH UNAPPROVED PLAT SHALL BE RETURNCO TO THE APPLICANT BUT, It! NO CASE SHALL THE TWENTY —ONE DOLLARS (121.00) BE REFUNDED. PERMITS SOUGHT BY APPLICANT WILL NOT BE ISSUED UNLESS OR UNTIL SAID PLAT SIGNED BY 1-I4C APPLI- CANT IS APPROVED BY THE PLANNING COt•IMISSION AND SIGNED BY THE CHAIRMAN AND THE SECRETARY AND RECORDED IN THE RECORDS OF COUNTY CLERIC OF' NUECES COUNTY, TEXAS. SECTION 3. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUUDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID,' IT SHALL 140T AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 4. THIS ORDINANCE SHALL TAKE EFFECT FROai AND AFTER :T0 PASSAGE AND PUBLICATION. SECTION 5. PUBLICATION SHALL BE MADE ONE TIME IN THE OI'FICIAL PUBLICATION'OF THE CITY OF CORPUS CHRISTI WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING III SUBSTANCE THE PURPOSE OF THE ORDINANCE SECTION 6. THE NECESSITY TO IMMEDIATELY AtIF.ND THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI AS IIEREINA13OVE SET FORTH CREATES A PUBLIC EMER- GENCY AND 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 QRDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE 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 PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE 9i DAY OF 196 ATTEST �— 12 CITY SEGIi TARY 1'hll•: CITY OF CORPUS cuRlsri, rExns APPROVED: Mn 0 02 DAY Of Q2 1969: FUfII:Y Corpus Christi, Texas Agl,(_day of d, 19_�j TO THE jEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Y R THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick "Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. � r Eduardo E. de Ases Ken McDaniel W. J. Wrangler" Roberts Ronnie Sizemore Y: PUBLISHER'S AFFIDAVIT h STATE OF TEXAS, 1ss: County of Nueces. ) Before me, the undersigned, a Notary Public, this day personally came .................... _............ Leland G. Barnes , who being first duly sworn, according to law, says that he is the Classified Advertising Manager of the Corpus Christi Caller and The Corpus Christi Times, .....................•-•---..--......---......... ..................- ---......... Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of "Notice of Passage of Ordinance No. 9534" _....... - -._ •-• ............................_......... ..................- -- .......... .... _....... ...... _ .................... ................ .........-- .................... -. of which the annexed is a true copy, was published in The Timea 1st November 69 on the.........--- day of .... and once each ............................ thereafter for............................ consecutive...................................--------------------- _1 ...... ..... . ... .. ..Times. Zelan l'r; "Barnes asa. 9i�t6r.- Subscribed and sworn to before me this........4? -. -. day of.- ....-- _Nogemb er . ......... .. ..... .. .... 19._61..... t�; • �1 Notary Public, Nuecea County, Texas e _� �, i . � _ � z'l, rfi 'f ., d e . �. 7n .' 1• t ;� f n , f