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HomeMy WebLinkAbout028793 ORD - 09/28/2010Page 1 of 2 AN ORDINANCE IMPOSING A TEMPORARY 60 DAY MORATORIUM ON THE REQUIREMENT IN SECTION 27-3.07.01 OF THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, TO SCREEN TRASH AREAS ON ANY LOT USED FOR BUSINESS OR MULTI -FAMILY PURPOSES FROM STREET, PUBLIC AND NEIGHBORING VIEWS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council desires that the Planning Commission provide its recommendations regarding the screening requirement in Section 27-3.07.01 of the Zoning Ordinance within 40 days from the date this Ordinance takes effect as defined in Section 5 below; WHEREAS, the City Council previously authorized a Temporary 180 day Moratorium on the same requirement in Section 27-3.07.01 of the Zoning Ordinance, by Ordinance No. 028528, issued on March 23, 2010; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. There is a moratorium of 60 days on the enforcement of the requirement found in the second sentence of Section 27-3.07.01 of the Zoning Ordinance of the City of Corpus Christi, Texas, to screen trash areas on any lot used for business or multi- family purposes from street, public and neighboring views. This moratorium does not apply to the first sentence of Section 27-3.07.01. The complete section reads as follows: "Section 27-3 Modification of Area Regulations "27-3.07 Trash Areas: 27-3.07.01 On any lot used for business or multiple -family purposes, all trash areas shall be provided in a place accessible to vehicles used for picking up and carrying trash away. These areas shall be effectively screened from street, public and neighboring views." SECTION 2. Any property or person issued a Certificate of Occupancy when there is a moratorium on the enforcement of the screening requirement in Section 27-3.07.01, either under this Ordinance, or under Ordinance No. 028528, is subject to compliance with the screening requirement in Section 27-3.07.01 within thirty (30) days at the end of the moratorium period identified in this Ordinance. 028793 H:1LEG-DIR\Lisa12010 OrdinancelMoratorium September 2010.doc INDEXED Page 2of2 SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid of 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. SECTION 5. This ordinance goes into effect on date of final City Council approval. SECTION 6. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinancis passed and takes effect upon first reading as an emergency measure this the ay of J e zm, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary City Secretary Approved: September 10, 2010 40:7 - Lisa Aguila ssistant City Attorney for the City ttorney Joe A� Mayor H:ILEG-DIRILisa12010 OrdinancelMoratorium September 2010.doc Corpus Christi, Texas ay of Q , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adel./ Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 028793 EFFECTIVE DATE <��/JfeiXLZ)20/0 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5951675 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 , 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, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4TH DAY OF OCTOBER, 2010 $102.57. LEGAL SALES REPRESENTIVE On this ' day o i`�W ��W t , 2066 I certify that the attached document is a true and an exct copy ma4e by publisher. (WENN J. M DINA MY COMMISSION EXPIRES August 2, 2012 Notary Public, State of Texas CALLER TIMES 4( October 4, 2010 it 3E Leal Notices MO NOTICE OF 'PASSAGE` OF. ORDINANCE NO.028793 Ord, imposing a tem- porary 60 -day moratorium on the re- quirement in Sect. 27-3.07.01 of the Zoning Ord. of the City of Corpus Chris- ti, TX to screen trash areas on any lot used for business or multi- family purposes from street, public, and neighboring views. This ord. was passed and approved by the Corpus .Christi City Council on Septem- ber 28, 2010. The effective date is Sep- tember 28, 2010. is/ Armando Chaps City Secretary