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Home My WebLink About028535 ORD - 03/30/2010Page 1 of 3 ORDINANCE AMENDING THE CORPUS CHRISTI PLATTING ORDINANCE BY REVISING SECTION IV.G.6.b), RELATING TO FEE IN LIEU OF PARK LAND DEDICATION; PROVIDING FOR SEVERENCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Corpus Christi Zoning Ordinance; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 17, 2010, during a meeting of the Planning Commission, and on Tuesday, March 23, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this 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 Corpus Christi Zoning Ordinance is amended by revising Section IV.G.6.b) to read as follows: "IV. G. 6. Fee in Lieu of Land. "IV. G. 6. b) The fee in lieu of land dedication requirement shall be met by a payment proportional to the amount of land required to be dedicated and using fair market value of the land at the time of construction start. The value shall be determined by or agreed upon by the developer and the City. "IV. G. 6. b) (1) The Director of Development Services shall determine the amount of the fee in lieu of land dedication, based on the following formula: Platting Ord -- Park Fee -- 03122010.doc "(AxV) = M "A = The amount of land required for dedication as determined in subsection (b) of this section. 0285:;5 INDEXED Page 2 of 3 "V = The fair market value (per acre) of the property to be subdivided, as established by an approved method. "M = The number of dollars to be paid in lieu of dedication of land. "IV. G. 6. b) (2) For purposes of computing the fair market value of property, variable V in the equation in IV. G. 6. b) (1), the applicant may select one (1) of the following: "IV. G. 6. b) (2) (a) The fair market value at the time of application of the undeveloped land as determined by a MAI certified real estate appraiser at the applicant's expense; or "IV. G. 6. b) (2) (b) The actual purchase price of the property as evidenced by the applicant's most recent purchase money contract or closing statement dated within two (2) years of the date of application. "IV. G. 6. b) (3) The fair market value, variable V, may not exceed sixty two thousand five hundred dollars ($62,500.00) per acre. The fair market value cap may be revised annually during the city's budget adoption process beginning with the adoption of the fiscal year 2012 budget. The fair market value cap may be adjusted based on an evaluation of property acquisition costs by the city and trends in local development activity." SECTION 2. That the Corpus Christi Platting Ordinance, adopted by Ordinance No. 4168 on March 23, 1955, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. 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. SECTION 4. 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. Platting Ord -- Park Fee -- 03122010.doc That the foregoing reading on this the Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick That th�regoing the day of Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Page 3 of 3 ordinate was re ldfor thefirst time and passed to its second c'23 day of (►'G , 2010, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott ord'nance,was read for the second time and passed finally on this , 2010, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the -=xMay of 4116N -P,4 ATTEST: Armando Chapa City Secretary APPROVED: 12th day of March, 2009: R. Ja ' ein g Fir Assi - ant City orney For City Attorney Platting Ord -- Park Fee -- 03122010.doc 2009. Joe A ame Mayor J28535 EFFECTIVE DATE Ap( 5,4010 State of exas } County of Nueces } PUBLISHER'S AFFI JVIT CITY OF CORPUS ISTI Ad # 5936294 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugia, San Patricia, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02853 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/5/2010, 415/2010. $ 108.39 1Time(s) On this v]'f"V \. day of is a true and an exact co LEGAL SALES R; PRESENTIVE 46. GWENN J. MEDiNA MY CaAMISStoN EXPIRES Musa, 2012 , 20(0! certify that the attached document made by publisher. No Pu•lic, State of Texas 4E n April 5,2010 CALLER TIMES NO110E OF PASSAGE OF ORDINANCE NO. 28535 Amending the Cor- pus Christi Platting Ord., by revising Sec. IV.G.6.b), relating to fee in' lieu of park land dedication. The proposed amend- ment would set a maximum land value of $62,500 per acre that could be as- sessed to developers for thefee in lieu of land dedication re- quirement. This ordinance was passed and approved by the City Council of the City of Corpus Christi on its second reading on March 30, 2010. /s/Armando Chapa City Secretary