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Home My WebLink About022848 ORD - 02/11/1997AN ORDINANCE AMENDING THE PLATTING ORDINANCE, SECTION IV - DESIGN STANDARDS, PARAGRAPH G, PARKS AND PLAYGROUNDS, SUBPARAGRAPH 2, BY PROVIDING THAT PARK DEDICATION FOR CAPE SUMMER UNIT I, CAPE SUMMER UNIT II, AND COMMODORE'S COVE UNIT II SUBDIVISIONS SHALL BE IN ACCORDANCE WITH SECTION IV - DESIGN STANDARDS AND THAT ACREAGE REQUIREMENTS FOR SUCH SUBDIVISIONS REMAINS UNCHANGED, ALL OTHER PARK DEDICATION REQUIREMENTS FOR PADRE ISLAND INVESTMENT CORPORATION PROPERTY HAVING BEEN PREVIOUSLY SATISFIED BY PIIC AND AMENDING SECTION V - REQUIRED IMPROVEMENTS, PARAGRAPH B, MINIMUM STANDARDS, SUBPARAGRAPH 5, WATER LINES BY PROVIDING THAT ANY PROPERTY PREVIOUSLY OWNED BY PADRE ISLAND INVESTMENT CORPORATION (PIIC) AS COVERED BY THE WATER SYSTEM AGREEMENT BETWEEN THE CITY AND PIIC PREVIOUSLY AUTHORIZED BY ORDINANCE, EXCEPT CAPE SUMMER UNIT I, CAPE SUMMER UNIT II, AND COMMODORE'S COVE UNIT II IS EXEMPT FROM THE PAYMENT OF LOT/ACREAGE FEES SUCH FEES HAVING BEEN PREVIOUSLY SATISFIED; PROVIDING THAT SUBDIVIDERS OF PROPERTY LOCATED IN CAPE SUMMER UNIT I, CAPE SUMMER UNIT II, AND COMMODORE'S COVE UNIT II SUBDIVISIONS MAY PAY AN ADDITIONAL TAP FEE OF $480.00 PER ONE ACRE OR SMALLER LOT OR FOR LOTS GREATER THAN ONE ACRE, 5480.00 PLUS $1200.00 PER ACRE PER FRACTION OF AN ACRE IN EXCESS OF ONE ACRE AT TIME OF WATER TAP IN LIEU OF THE LOT/ACREAGE FEES OF SECTION V - REQUIRED IMPROVEMENTS; PROVIDING THAT SUCH ELECTION TO PAY THE ADDITIONAL TAP FEE IN LIEU OF LOT/ACREAGE FEES SHALL ONLY APPLY TO THE REPLAT OR VACATION AND NEW PLAT OF THOSE CERTAIN SUBDIVISIONS WHEN SUCH REPLAT REDUCES THE TOTAL DEMAND ON THE WATER SYSTEM AND THE NUMBER OF LOTS IN THE AREA COVERED BY THE REPLAT OR NEW PLAT; PROVIDING THAT SUBDIVIDER OF CAPE SUMMER UNIT I, CAPE SUMMER UNIT II, AND COMMODORE'S COVE UNIT II SUBDIVISIONS SHALL PAY THE COSTS OF INSTALLATION OF WATER LINES WITHOUT REIMBURSEMENT FROM THE WATER TRUST FUNDS; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning an amendment to the Platting Ordinance of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, January 22, 1997, during a meeting of the Planning Commission and on Tuesday, January 28, 1997. during a meeting of the City Council, in the Council Chambers at City Hall in the 97N112840 205 / 1-15-97 (122'118 MICROFILMED 2 City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Platting Ordinance of the City of Corpus Christi, Texas, is amended by amending Section IV - Design Standards, Paragraph G, Parks and Playgrounds, Subparagraph 21) relating to Standards for Dedicated Parkland by adding new subparagraph G.2.f.(6) to read as follows: (Al Property previously owned by Padre Island Investment Corporation (PIIC)as covered by the Water Agreement authorized by Ordinance No. 10169 of September 17 1971 which incorporated by reference Agreements related to the provision of water to PIIC property dated September 30 1970 and January 5 1968, other than Cape Summer Unit I Cape Summer Unit II, and Commodores's Cove Unit II subdivisions is exempted from the parkland dedicationprovisions of this section as having satisfied the provisions of that agreement except that the area contained in Cape Summer Unit I, Cape Summer Unit II, and Commodores's Cove Unit II subdivisions shall not be exempt from parkland dedication provided that park dedication shall be in accordance with this section- that the park dedication requirement for Cape Summer Unit I Cape Summer Unit II, and Commodores's Cove Unit II shall remain a total of 45.95 acres for the three units; and that a 50 percent credit may be given upon the dedication of not more than 50 acres of habitat area comprised of uplands and flats contained in the Commodore's Cove Unit II area. SECTION 2. That the Platting Ordinance of the City of Corpus Christi, Texas, is amended by amending Section V - Required Improvements, Paragraph B, Minimum Standards, Subparagraph 5.i) relating to Water Lines by adding new subparagraph B.5.i.(5) to read as follows: i) The following categories of property are exempted from the lot/acreage fees of this section: a) Property which is platted and has existing metered water service and is being replatted for the purpose of changing a building line, easement line, lot line, subdivision name, or as a result of a street, alley, or easement closure action, or for a similar reason, will be 97NH2840205 / 1-15-97 3 exempted from the acreage and/or lot fee provisions of this section. If such property has metered service and an additional lot or lots are being created by platting, or if such metered service size is being changed, the provisions of the ordinance will apply to any such lot or lots created. (2) Water policy lot/acreage fee requirements of this ordinance will not apply to property being platted within separate or independent water districts where in such districts provide water and ensure that fire protection, water extensions, etc., are made to properties within such districts. Q) When Further, whcn the lot/acreage fees have been paid through platting for property, and such property for which fees have been paid is replatted, an additional lot/acreage fee will not be paid except that, if at the time of replatting, the land use has changed to where the higher lot/acreage fee applies, the re -subdivider will then pay the City the difference in such higher and lower fee rate. (4) Subdivisions or tracts, which have been contractually annexed prior to June 23, 1982, will be exempt from lot/acreage provisions of this ordinance for all portions of such subdivisions or tracts for which a final plat has not been submitted, with the further provision that such subdivisions or tracts will not be eligible for reimbursement for water lines constructed or proposed to be constructed. (Ordinance No, 17279, 09/29/82) (5) Property previously owned by Padre Island Investment Corporation (PII0 as covered by the Water Agreement authorized by Ordinance No. 10169 of September 17 1971 which incorporated by reference Agreements related to the provision of water to PIIC property dated September 30 1970 and January 5 1968 other than Cape Summer Unit I, Cape Summer Unit II and Commodores's Cove Unit II subdivisions is exempted from the lot/acreage fee provisions of this section as having satisfied the _provisions of that agreement, provided that the area contained in Cape Summer Unit I. Cape Summer Unit II, and Commodores's Cove Unit II subdivisions shall also be exempt from lot/acreag-e fees provided that: (i) subdivider records an election to pay an additional water tap fee of $480.00 with respect to each lot of one acre or less and with respect to each lot which has an area in excess of one acre subdivider shall pay an amount equal to the sum of $480.00 plus an additional amount for each acre, or fraction thereof, that such lot exceeds one acre 97NH2840205i 1-15-97 4 calculated at the rate of $1200.00 per acre in lieu of lot/acreage fees such sum being deposited into the Grid and Arterial Transmission Mains Trust Fund (75%) and the Distribution Mains Trust Fund (25%) for use as provided for in Subparagraph 5.e): and (ii) such election to pay the additional tap fee in lieu of lot/acreage fees shall only apply to the replat or new plat of all or a portion of such property platted as Cape Summer Unit I, Cape Summer Unit II and Commodores's Cove Unit II subsequent to the effective date of this ordinance. provided that such replat or new plat reduces the total demand on the water system and the number of lots in the area of the replat or new plat: and (iii) that subdivider of Cape Summer Unit I. Cape Summer Unit II and Commodores's Cove Unit II will be solely responsible for the costs of installing all water lines, including distribution mains. grid mains. transmission mains, and arterial transmission mains on or off site. required to service such subdivisions and that all such construction shall be completed in accordance with the platting and engineering requirements of the City. and that upon completion of construction and acceptance of such lines by the City. such improvements shall be owned and maintained by the City. Subdivider shall have no claim for reimbursement from the Grid and Arterial Transmission Mains Trust Fund or the Distribution Mains Trust Fund for any of the construction costs of water lines required for such subdivisions: and SECTION 3. That a violation of any provision of this Ordinance by any owner or subdivider shall constitute a misdemeanor in accordance with Section XI - Penalties of the Platting Ordinance. 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 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 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 97NH2840.205 / 1-15-97 5 Th he fore oing ordinance was read for the first time and passed to its second reading on this the '4fll day of , 19 Q% , by the following vote: Mary Rhodes Betty Jean Longoria Dr. Jack Best ((l_(� John Longoria Betty Black Edward A. Martin Melody Cooper Dr. David McNichols Tony Heldenfels That the foregoing ordinance was read for the second time and passed finally on this theJj& h day of �( , 19 J1 , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels PASSED AND APPROVED, this the ATT ST: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols Armando Chapa, City ecretary 1997. MAYOR THE IT OF CORPUS CHRISTI APPROVED THIS 15TH DAY OF JANUARY, 1997: JAMES R. BRAY, JR., CITY ATTORNEY By: orbert J. Hart, Assisity Attorney 97NH2840.205 / 1-15-97 O22 18 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1147120 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF' PASSAGE OF ORDINANCE NO. 022848 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 17TH day(s) of FEBRUARY. 1997. ONE (1) Time(s) $159.08 0 • otarI, c `S'Z • Vice -President and Chief Financial Officer Subscribed and sworn to before me this 19TH day of FEBRUARY. 1997. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. t ma! w- neai.f 4. atbbr ifit ' do odr trues t areklisrinnar liar.�t'. OCCil Mamas as bY by Widen? $xdvk lrMe mood corpeged�d p M water Fataire We Stseeak n'naK iY anDrevkwassisiend authorized ba°tagq° isun witer thiltCO,...4r®aCove Urn 1C and r Unitil 11, in. tue „dome* tatisiltre of pia mar evF provdrifficicated in crape „wiMat n- >U It if Iir; lea of atm ce rhos lli4 steam ears p,r :21 Of 1 ► ot9Imre 4e± # . tbna tap Li in._._' ittOidin9 lkis fea 4&( acreage rfae4111:. I to the t of dI`gr ao alaodt vinew onl d•--ToltlYn sisal. li reduces the hen ,..tNt reblat un the water AM 1* latm- bbUyyer of la. In wits afa oov_ered viding th autf 'rat Gee Summer Unit 1,'te . eW Sumr ar Unit It,- aryf'�,a Cove UMf IF milidIviStons atm pay the caetb ot}rgggpa water Imes witfbdt' ment from the "filer nasi !undid p doneR ti4 Providing for n: Providing taj aiarariae. Thle ordina * was h easily Counciand Pis vim. bit .fha $' Christi on met day_ Co ' us Christi Caller -Times Mowa Februa 17, 1997gp7