HomeMy WebLinkAbout031798 ORD - 06/25/2019 Ordinance amending Corpus Christi Code of Ordinances Section 49-12 to require
applicant(s) to provide a current fair market value appraisal for the closure of
improved streets, alleys, or rights-of-way, require payment of fair market value for
improved alleys, and update outdated terms or language.
WHEREAS, City of Corpus Christi, Department of Development Services, is
requesting an Ordinance amending the City Code of Ordinances, Article I, Sec 49-12 —
Petition council to establish or close streets, etc., to require applicant(s) to provide a fair
market value appraisal for the closure of improved rights-of-way, require payment of fair
market value for improved alleys, and update outdated terms or language.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Code of Ordinances, Chapter 49, Article I, Sec
49-12 is amended by adding the following language that is underlined (added) and
deleting the language that is stricken (deleted) as delineated below:
Sec. 49-12. - Petition Council to establish or closes streets, etc.
(a) All persons desiring to have the city council exercise its powers under Section
1(a)(11) of Article X of the Charter, regarding the establishment or closing of
public streets, alleys, or other public ways, shall file their request with the
director of development services, in writing, directed to the city council. Such
request shall contain an accurate description of the street, or portion thereof,
desired to be opened, closed or altered, as the case may be and attached to
such request shall be a list of all owners of property abutting the street or alley
and within four hundred fifty (450) feet there from, together with the last known
address of all such owners. Unless all such owners of abutting property join in
the request, a statement shall be attached to the request showing the reason
for nonparticipation of those who have not signed the request.
All grants of establishment or closing of public streets, alleys, or other public ways
must be recorded in the real property records of the county in which the property is
located. Prior to permitting any construction on the land, an up-to-date survey,
abstracted for all streets, alleys or public ways and items of record must be
submitted to the director of development services.
(b) Each request shall be accompanied by the payment of a nonrefundable
application fee in the amount of five hundred thirty dollars ($530.00) to cover
the expense of administrative processing and a fee of seventy-five dollars
($75.00) to cover all notification and legal publication costs incurred by the
city. The seventy-five dollars ($75.00) fee will be refunded if the processing of
the applicant's request does not reach the notification and publication stage
and the city does not incur such expenses.
(c) Due to the value of the property released by the city in any action involving
the closure vacation, reduction or alteration of any public street, alley or other
public way, any person who acquires such property under the terms of this section
031798
SCANNED
shall pay to the city the fair market value. Fair market value of an improved street,
alley, or right-of-way shall be established by the average of the values of the
adjoining parcels using the current county appraisal district valuation. Should the
average valuation for the area to be vacated exceed twenty thousand dollars, act a
current appraisal shall be prepared-or obtained by the city applicant(s) Applicants
- -- - ' - -- -, for review by the city. Appraisal
must be conducted within 6 months prior to the request by an appraiser licensed
by the State of Texas. An exemption or credit shall be allowed against such
payments under the following circumstances:
(1) No further payment shall be required for the closure vacation of all or a
portion of a public alley when such property
is not improved with asphalt or concrete
pavement.
(2) No further payment shall be required if the closure vacation or alteration is
initiated by the city when such closure vacation or alteration is reasonably
required for the proper completion of a public improvement project.
(3) A credit equal to all or a portion of such payment shall be allowed when
the person makes a simultaneous dedication of other street right-of-way
designed to provide traffic circulation meeting the requirements of the
master urban transportation plan or other street plan acceptable to the
city.
(4) No further payment shall be required for any public street or other public
way established by a recorded plat, survey, deed, easement, gift or other
means and which is not improved with asphalt or concrete pavement and
not used for any public street purpose. The term "public street purpose" is
hereby defined to include; one or more of the following: but is not limited to
curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and
gas lines, line poles and wires, and other public utility installations.
The application of any exemptions or the evaluation of any credits provided herein
shall be made in the reasonable discretion of the city exercised in good faith. The
payments required by the terms of this section shall be tendered in the form of a
certified or cashier's check prior to the placement of the ordinance effecting the
closure on the council agenda. In the event that the ordinance fails to pass, said
check shall be returned.
(d) All payments received by the city pursuant to this section, other than
administrative fees and expenses, shall be paid into a fund which is hereby
established as the "street trust account" to be used for land acquisition and
improvements related to street projects in the city.
SECTION 2. If for any reason any section, paragraph, subdivision, sentence,
clause, phrase, word, or provision of this Ordinance shall be held to be invalid or
unconstitutional by final judgment of a court of competent jurisdiction, such
judgment shall not affect any other section, paragraph, subdivision, sentence,
clause, phrase, word, or provision of this Ordinance, for it is the definite intent of
this City Council that every section, paragraph, subdivision, sentence, clause,
phrase, word, or provision of this Ordinance be given full force and effect for its
purpose. The City Council hereby declares that it would have passed this
Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase,
word, or provision thereof, irrespective of the fact that any one or more sections,
paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be
declared invalid or unconstitutional.
SECTION 3. Publication shall be made in the City's official publication as required
by the City's Charter.
SECTION 4. This ordinance is effective immediately upon passage.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the r'1 day of , ,n _..., , 2019, by the following vote:
Joe McComb 4ye, Michael Hunter /Vc
Roland Barrera Obs evk+ Ben Molina -
Rudy Garza Everett Roy
Paulette M. Guajardo 447 a- Greg Smith Ave,
Gil Hernandez 4-y-e-
That the foregoing ordinance was read for the second time and passed finally on
this the , day of 3 4'1e, 2019, by the following vote:
Joe McComb Michael Hunter _ r-
Roland Barrera Q Ben Molina Al &-
Rudy Garza 47t- Everett Roy 47Q
Paulette M. Guajardo 443/ev'+ Greg Smith /4-(7`L
Gil Hernandez 4,
PASSED AND APPROVED on this the ,) %day of J v e., , 2019.
ATTEST:
:1#_ _& ii ,0.41 kvt/Ci.-0-0.4-/
Re•ecca Huerta J.- McComb
City Secretary .;or
EFFECTIVE DATE
6k5)),
031798
CallerTimes
PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE OF PASSAGE OF NOTICE OF PASSAGE OF
ORDINANCE(S) ORDINANCE(S)
NO. 031798, Ordinance NO. 031798, Ordinance
amending Corpus Christi amending Corpus Christi
Code of Ordinances Section Code of Ordinances Section
49-12 to require 49-12 to require
CITY OF CORPUS CHRIS TI applicant(s) to provide a applicant(s) to provide a
PO BOX 9277 current fair market value current fair market value
appraisal for the closure of appraisal for the closure of
improved streets, alleys, or improved streets, alleys, or
CORPUS CHRISTI,TX 78469-9277 rights-of-way, require pay- rights-of-way, require pay-
ment of fair market value ment of fair market value
for improved alleys, and for improved alleys, and
update outdated terms or update outdated terms or
language. This ordinance language. This ordinance
STATE OF WISCONSIN) was passed and approved was passed and approved
on second reading by the on second reading by the
)) Corpus Christi City Council Corpus Christi City Council
COUNTY OF BROWN) on June 25,2019,with an ef- on June 25, 2019, with an ef-
fective date of June 25,
2019. fective date Pf _ne 25,
19.
I,being first duly sworn,upon oath depose and say that I /s/Rebecca Huerta 20
City Secretary Rebecca Huerta
am a legal clerk and employee of the publisher,namely,the 1 City Secretary
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,
Kleberg,Live Oak,Nueces,Refugio,and San Patricio,
Counties,and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
on the following dates:
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July 1,2019 �;p
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On this July 1,2019,I certify that the attached document is a G, �1-1111
true and exact copy made by the publisher: I 0
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