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Home My WebLink About11756 ORD - 10/24/1973JRR:jkh:cd:hb:10 /23%73 • 2nd AN ORDINANCE AMENDING CHAPTER 34, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SEC- TIONS 34 -25, 34 -26, 34 -27 AND 34 -28 THEREOF, SO AS TO REGULATE THE CONSTRUC- TION OF IMPROVEMENTS ON AND ABUTTING THE PUBLIC RIGHT OF WAY; REGULATING THE LOCATION OF DRIVEWAYS, SIDEWALKS AND APPROACHES TO PRIVATE PROPERTY FROM PUBLIC RIGHT OF WAYS; PROVIDING FOR PERMITS AND FOR SPECIFICATIONS; PROVIDING FOR VARIANCES IN CERTAIN CIRCUMSTANCES; REPEALING CITY ORDINANCE NO. 4212, PASSED AND APPROVED ON MAY 11, 1955 AND ORDINANCE NO. 4509, PASSED AND APPROVED ON APRIL 18, 1956; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 34, Corpus Christi City Code, 1958, as amended, be and the same is hereby amended by amending Sections 34 -25, 34 726, 34 -27 and 34 -28, to hereafter read as follows: "SECTION 34 -25. it shall be unlawful for any person, firm or corporation to construct, reconstruct, alter, repair, remove or replace any sidewalk, driveway or other way, for the use of any character of vehicle, on or across any sidewalk, parkway, or other space between any public roadway or right of way and any private property without first securing a permit from the Director of Inspections and Operations and construct- ing said improvements in accordance with the regulations set forth in this Ordinance, complying with the regulations which may be provided by any other Ordinance adopted by the City Council heretofore or hereafter, provided that the approval of the Director of Inspections and Operations on a plan or map showing dimensions and locations for driveways shall be required before a permit for a driveway is issued, which permit shall be considered valid for construction for a period of one (1) 11-1756 year from the date of issuance. SECTION 34 -26. Application for permit shall be made in writing to the Director of Inspections and Operations in duplicate showing the location of such proposed improvements, together with a plan, or a sketch drawn to scale fully de- scribing the nature of the existing and proposed improvements and the location thereof. The Director of Inspections and Operations shall submit one copy of the application for such permit to the City Traffic Engineer, or the person discharging his duties, for his approval. In the event such application complies with the requirements and the regulation of this Ordinance, and such other regulations concerning the matter as may be provided, the City Traffic Engineer and the Director of Inspections and Operations shall approve the application, and the Director of Inspections and Operations shall authorize the issuance of a permit on a form established by the City. No permit shall be issued unless it is approved by the City Traffic Engineer and the Director of Inspections and Operations. SECTION 34 -27. No driveway providing access from private property to any public right of way or roadway shall be constructed (except under the provisions of Section 34 -28), unless such approach and driveway shall be in accordance with the following requirements; (A) No driveway shall have a width measured along the boundary line between the public right of way and the private property of more than thirty - five (35) feet, except that, upon a showing under the provisions of Section 34 -28 hereof, such driveway may be not in excess of forty - five (45) feet in width. (B) Every driveway shall be so designed and con- structed as to provide for a sidewalk having a minimum width of five (5) feet measured at -2- right angles to the boundary line between the public right of way and the private property. Such sidewalk shall be constructed so as to have one edge thereof in line with existing sidewalk, if there be one, and if there be no existing sidewalk the sidewalk shall be so constructed as to have one edge thereof coin- ciding with the boundary line between the public right of way and the private property line, or in keeping with the general practice estab- lished by the existence of sidewalks on a majority of the property within the block where the driveway in question is to be placed. (C) The curb return on all driveways shall have a radius of not less than three (3) feet and the point where the return falls tangent to the curb shall be within the property lines extended of the property which the driveway is designed to service. (D) Sidewalk Section shall be constructed at an elevation so as to provide for a minimum of one -fourth (1/4) inch per foot fall from the property line to the top of the curb. From the edge of the sidewalk section, five (5) feet from the property line, the driveway shall ramp down to meet the flow line of the street gutter. In constructing such driveway ramp it shall be mandatory that the back or upper- most portion of the curb and gutter section be removed. (E) The grade for all curbs, sidewalks, driveways and ramps shall be fixed by the Director of Engineering and Physical Development. -3- (F) All driveway approaches, ramps, sidewalks and curbs constructed in connection therewith shall be constructed of concrete having a minimum of 2500 PSI in twenty -eight (28) days, and shall have a minimum thickness of six (6) inches, and shall have reinforcing consisting of a minimum of 6" x 6" No. 6 wire mesh, except that drive- ways connecting to streets that do not have concrete curb and gutter shall be shell or caliche with or without an asphaltic surface. SECTION 34 -28. Upon the showing that unusual circum- stances exist, or that a need for a driveway of greater width exists, or some variance from the requirements set forth in Section 34 -27 should be made, where such variances will not be contrary to the public interest and that literal en- forcement of the provisions of this Ordinance will result in unnecessary hardship, said regulations may be varied by approval of the Director of Inspections and Operations, provided that in no instance shall any driveway opening be in excess of forty - five (45) feet in width. Any person, firm or corporation requesting that the regulations in Section 34 -27 be varied because of unusual circumstances shall file a written request therefor with the Director of Inspections and Operations setting forth the circumstances to show that literal enforce- ment of the provisions of this Ordinance will result in un- necessary hardship. The Director of Inspections and Operations shall either approve or deny in writing a request for a variance of the provision of this Ordinance within a reasonable time, but in no event shall the Director of Inspections and Oper- ations withhold his decision for more than thirty (30) days. Any person aggrieved by the decision of the Director of Inspections and Operations under the provisions hereof shall -4- have the right to appeal to the City Council upon giving written notice to the City Council within five (5) days after the refusal of the application made by him for a permit to construct such driveway." SECTION 2. That Ordinance Number 4212 passed and approved by the City Council on April 18, 1956, be and the same hereby are repealed. SECTION 3. Any person, firm, or corporation who shall violate or fail to comply with any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred ($100.00) dollars. In case a corporation is the violator of any provision of this Ordinance, each officer, agent and /or employee in any wise responsible for such violation thereof shall be individually and severally liable for the penalties herein prescribed. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or pro- vision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect. SECTION 5. This Ordinance shall take effect from and after its publication one time in the official purlication of the City of Corpus Christi, which publication shall contain the caption stating in summary the purpose of the Ordinance and the penalty for violation thereof. • .' 1. - • That.the foregoing ordinance was read for the first time and passed to its second reading on this the /O rte. day of ege — � , . 19 %3 by the following vote: Jason Why James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinancq was read fo the second time and passed to its third reading on this the J_Z day, of �111t � , 19_%. by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark a , That the foreg ing ordinanc w s re for-the third time and passed finally on this the tqi day of i 19 the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this ATTEST: City Secretary j APPROVED: � DAY OF�, 197;: City Attorne 1� a the o2 ' day of -Ei d 19 73 MAYOR TEE CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueees. Before me, the undersigned, a Notary Public, this day personally came..........- __....--..._ ...... UAMUTA . .... . . ... . ..... — who being first duly sworn, according to law, says that he Is the . ..... . ..... of the Corpus Christi Geller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Ressage of Ordiniance, of which the annexed is a true copy, was published in ...._._...........__Mime s- on the-3.Q.thday of 2.(;-t 0 b C X . . .. . ...... 19.7-3_ _---Times. Richard D. Hardin, Class. Adv, M I r. Subscribed and sworn to before me this..- .7.t- h 19. ...... ' yo- Louise Vick C:-u-ty, �T-- ISEW