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HomeMy WebLinkAbout19048 ORD - 10/15/1985• AN ORDINANCE AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V, REQUIRED��IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, ITEM 6, SANITARY SEWERS, BY PROVIDING FOR EXEMPTIONOR REFUND OF LOT AND ACREAGE FEES IN AREAS NOT LIKELY TO BE SERVED BY CITY WASTEWATER SERVICES WITHIN FIFTEEN (15) YEARS; PROVIDING FOR SEVERABILITY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Platting Ordinance No. 4168, as amended, Section V, Required Improvements, Subsection B, Minimum Standards, Item 6, Sanitary Sewers, paragraph (c) be amended by adding the following words to the last sentence of paragraph (c): "..., except as provided in (1) below." SECTION 2. That the Platting Ordinance No. 4168, as amended, Section V, Required Improvements, Subsection B, Minimum Standards, Item 6, Sanitary Sewers be amended by adding a new paragraph (1), to read as follows: "(1) No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years. The City Council, with the advice of the Planning Department and the Planning Commission, may make such determination whenever necessary. Any request for a determination of exemption, other than from the Planning Department, Planning Commission, or the City Council, must be submitted in writing to the Planning Department, along with a $50.00 filing fee. The Planning Department shall make its recommendation to the Planning Commission and such request will be scheduled for Planning Commission hearing within sixty (60) days after the filing of such request. Thereafter, the Planning Commission shall make its recommendation to the City Council which shall make the final determination. The City Council may, at any time, cease to exempt any area previously exempted, and thereafter such fees shall apply. Owners of property for which a sanitary sewer lot or acreage fee has been paid under conditions of Section V, Subsection B. Item 6 of the Platting Ordinance may receive a refund of their pro rata 19048 MICROFILMED portions (based on the total lot acreage) of the lot or acreage fee paid if, after ten (10) years but no more than twenty (20) years from the date of the filing of the plat, the owners of 50% of the property within said final plat petition the City Council for a hearing to determine whether the fees should be refunded. A refund may be made if the City Council finds: (1) The petitioners are the property owners of lots for which a sanitary sewer lot or acreage fee has been paid; (2) No wastewater lines serve the petitioners' property from the City of Corpus Christi wastewater system, from another governmental entity, or from existing wastewater control districts or authorities which provide for the collection or treatment of sanitary sewage; and (3) The property is not likely to be served with such wastewater lines within five years. Any refunds shall only be made when monies are fully available in and appropriated from the Sanitary Sewer Trunk Line Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. Refunds shall include 5-1/2% interest per annum from the date of the filing of the final plat. Other governmental entities, wastewater control districts or authorities other than the City of Corpus Christi which have provided for the collection or treatment of sanitary sewage to a tract of land for which a lot or acreage fee has been paid to the City of Corpus Christi may apply to the City for a refund of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. Such refund shall include 5-1/2% interest per annum from the date of the filing of the final plat. Any refunds shall only be made when monies are fully available in, and appropriated from the Sanitary Sewer Trunk Line Trust Fund. The order of reimbursement will be determined according to the date the application for reimbursement is approved by the City Council. 04P.129.01 2 The foregoing shall apply with respect to exempting from payment or refunding of lot and acreage fees only and is not intended to exempt or waive any other platting or other requirements." SECTION 3. 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. 04P.129.01 3 • • That the foregoing ordinance was read for the first time and passed to its second reading on this the 10k day of (Qc*L,¢ . , 19 gs , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero c _ Joe McComb Frank Mendez (1 Ay Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance wrs read for third reading on this the R ►h- day of following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero e, s-cond time and ,paused to its , 19Xi , by the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoi g ordinan w read for the jiird time and passed finally on this the /day of ( „-; , 19A , by the followivote: Luther Jones / Joe McComb Dr. Jack Best / Frank Mendez David Berlanga, Sr. / Bill Pruet Leo Guerrero / ; Mary Pat Slavik Linda Strong PASSED AND APPROVED, AT -EST: Ci this the y Secretary /s `'day of APPROVED: jgr DAY OF ©cfat,„ , 1965: peivka, 19 IL°. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 19048 AD #48556 PUBLISHER'S AFFIDAVIT CITY OF C.C. CITY SECRETARY 'STATE OF TEXAS, L. County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came_.... MARGARET RAMAGE , who being first duly sworn, according to law, says that he is the COMMUNITY •. 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 #19048 AMENDING THE PLATTING ' of which the annexed is a true copy, was published in Caller -Times Publishing Co. on the 21st day of October 19 85y and once ear,' day thereafter for—MIA-- consecutive— one or_.MIA...__consecutive.—one Times. �- 32.20 MARGARET RAMAGE Subscribed and sworn to before me this_2.4. EDNA KOSTER 11-30-88 AGE NOTICE OF NCE pS19O48 F AMENDING THE PLATTING ORDINANCE NO. 4168, AS N _ OUIR DED IMPROVVEMENTS, SUBSECTION B. MINIMUM STANDARDS, ITEM 6. SANI- TARYNSEWERS, PROVIDING FOR EXEMPTION OR REFUND OF LOT AND ACREAGE FEES IN AREAS NOT LIK!LY TO BE SERVED BY CITY WASTEWATER SERVICES WITHIN FIFTEEN 15) YEARS; PROVIDING FOR . Y`.VERABILITV. Was passed and approved by 1)a City Council of the City oy o1 Corpus Christi, the 15th day of October. 1985. The full text of said public ordinance pn the Office of the City Secretary. /a/ Armando Chapa City Secretary Corpus Christi. Texas