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HomeMy WebLinkAbout12030 ORD - 05/01/1974JRR: oc:4- 16- 74;2nd II/1 AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY AMENDING SECTION 21 -9, OBSTRUCTING STREET INTERSECTIONS WITH SHRUBS, STRUCTURES, ETC., SUBSECTION (a) THEREOF, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL AREAS DESIGNATED AND CLASSIFIED BY THE ZONING ORDINANCE OF THE CITY EXCEPT THOSE ZONES DESIGNATED AS "B -5" OR "B -6 "; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Code, as amended, be and the same is hereby amended by amending Section 21 -9, OBSTRUCT- ING STREET INTERSECTIONS WITH SHRUBS, STRUCTURES, ETC., subsection (a) thereof, so as to provide that the provisions of this section shall apply to all those areas of the City designated and classi- fied by the Zoning Ordinance of the City of Corpus Christi, adopted on the 27th'day of August 1937, and appearing of record in Volume 9, page 565 of the ordinance and resolution records of the City of Corpus Christi, and especially as amended by ordinance passed and approved by the City Council on May 4, 1948, being Ordinance No. 2266, and as amended from time to time, except those zones designated as "B -5" or "B -6 ", as of the time of the alleged violations hereof, said subsection (a) to here- after read as follows: "(a) No person shall erect any wall, fence or other structure to a height greater than three feet above the level of the crown of the roadway, or plant any hedge, tree, shrub or growth of a height greater than three feet above the level of the crown of the roadway, or maintain or permit the existence of any such wall, fence or other structure of a height greater than three feet above the level of the crown of the roadway, or maintain or permit the growth or existence of any hedge, tree, shrub or other structure to a height greater than three feet above the level of the crown of the roadway, upon any property owned by him or under his control, wherever such property is bounded on two adjacent sides by public right of ways for road, street, boulevard, alleyway or other public passageway. The area restricted by this section shall be the area of the corner or corners of such property, more particularly described as being that area bounded by two intersecting boundaries of the public right 12030 of ways for a distance of twenty feet of each of such boundaries from the point of intersection, and bounded by a third side determined by the drawing of a straight line from the points on the two intersecting boundaries twenty feet from their intersection; provided, however, that the existence of a tree shall not be unlawful so long as such tree is free of branches and foliage for a height of at least seven feet above the level of the crown of the roadway; and provided further, that the provisions of this section shall apply to all those areas of the city designated and classified by the Zoning Ordinance of the City of Corpus Christi adopted on the 27th day of August 1937, and appearing of record in Volume 9, page 565 of the ordinance and resolution records of the City of Corpus Christi, and especially as amended by ordinance passed and approved by the City Council on May 4, 1948, being Ordinance No. 2266, and as amend - ded from time to time, except those zones designated as 'B -5' or 'B -6', as of the time of the alleged violation hereof." SECTION 2. 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 provision 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 for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption of this ordinance stating in substance the purpose of the ordinance. • • That the foregoing ordinance was read for he first time and passed to its second reading on this the /%4t day of s 197,4 , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinan a was read for the second time and passed to its third reading on this theckl ay of / ,,19 75', by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinanc as read for the third time and passed finally on this the /. day of 19 7/, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the /St day of , 19 77 . ATTEST: City Secretary AP�jpyED —^ DAY OF , 197¢: �} 1 'fly /y5! City Attorney THE CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, L. County of Nneces. Before me, the undersigned, a Notary Public, this day personally came. bc/m1A, vica_ who being first duly sworn, according to law, says that he is the _Office...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 LegalccOottee of Passage Ordinance #121230.,... of which the annexed is a true copy, was published in TIMIS 5 0ntheJL day of MM. =meld= _ Louie Viek, Office Manager Subscribed and sworn to before me this .5 day of AIM 19114 Kenneth Holt ■.....rs,tAll_ Notary Public, Nueces County, Texas OF 71 CHRISTI Op�ED BY, . MBN lIA, OB. - ��a^.z STREET INTERSEC TJ& Th4 6NUUBS, STRUC- TURES, ETC. SUBSECTION (a) THEREOF, SD AS TO PROVIDE SECT THE PROV1APON5 OF THIS SHALL APPLY S REPS DESIGNATED AND O SSI• FIED BY 'THE ZONING OROb NANCE OF THE CITY EXCE-PT HOSE ZONES DESIGNATED AS SS.' OR iBd "J PROVIDING A SUNOS CLIP,USEI PROVIDING R PUBLICATION. AS iPA$SED AND APPROVED by the City I Comm Cooll, OOOIng Ha RUU CC0100i AifC11109, hold „HEY 1, 1474, 01 7:00 haw SH snRetadooa.1ay7o alp - anpo.Id s11Ju1 o1 Jo sJe1 eto .sJaonpold>f leaf -e-