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Home My WebLink About04541 ORD - 05/31/1956r w GGP:AC:5 /31/56 AN ORDINANCE AMENDING ORDINANCE NO. 416" ADOPTED ON THE 23RD DAY OF MARCH, 1955, APPEARING OF RECORD IN VOLUME 23, PAGES 6211 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY ENTITLED "AN ORDINANCE ADOPTING AND PROMULGATING RULES AND REGULATIONS GOVERNING THE PLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF CORPUS CHRISTI AND 111TH!N! A DISTANCE OF FIVE (5) MILES OF THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, AND REQUIRING PLATS TO CONFORM TO SUCH RULES AND REGULATIONS IN ORDER TO PROCURE THE APPROVAL OF THE CITY ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI, DE- FINING TERMS; FORBIDDING TRANSFERS OF LAND WITHOUT COM- PLYING WITH THE TERMS OF THIS ORDINANCE; REPEALING ORDI- NANCE NO. 1032 AND ORDINANCE NO. 1157 OF THE CITY OF CORPUS CHRISTI: PROVIDING PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS THEREOF; PROVIDING FOR THE ?AiTIAL VALIDITY OF SAID ORDINANCE; AND PROVIDING FOR TIT= FFECTIVE DATE AND PU31-ICATICH OF SAID ORDINANCE; AND DECLARING AN EMERCENCY ",BY ADDING TO SECTION VI OF ORDINANCE NO. 111613 A NEW PARAGRAPH DESIGNATED AS PARAGRAPH D SO AS TO PROVIDE AN ADDITIONAL EXCEPTION TO THE PROVISIONS OF ORDINANCE N0. 4168 IN SETTING FORTH A PROCEDURE FOR THE ISSUANCE OF CITY PERMITS FOR UNPLATTED PROPERTY IN DEVELOPED AREAS OF THE CITY AND PROVIDING A PROCEDURE FOR THE PLATTING OF SUCH PROPERTY; PROVIDING FOR PUBLICATION; CONTAINING A SAVINGS CLAUSE; AND DECLARING All EMERGENCY. SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE NO. '-;168 BE AMENDED BY ADDING TO SEC IOhi VI OF ORDINANCE N0. 11168 A MEW PARAGRAPH DESIGNATED AS PARAGRAPH D TO READ AS FOLLOWS: °SECTION VI - EXCEPTIONS D. ISSUANCE OF CITY PERMITS FOR UNPLATTED PROPERTY IN DEVELOPED AREAS, THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY SHALL HAVE THE POWER AND MAY DECLARE AND GRANT AN EXCEPTION -10 THE FORMAL PLATTING PROVISIONS OF THIS ORDINANCE WHEN AN OWNER OF PROPERTY, QUALIFYING UNDER THE PROVISIONS OF THIS SECTION, COMPLIES WITH ALL OF THE REQUIRE- , )RENTS HEREINAFTER SER FORTH, AND SHALL AUTHORIZE THE CHIEF INSPECTOR OF THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS 10 ISSUE ANY PERMIT OR PERMITS REQUESTED BY SUCH OWNER OF AN`, PARCEL OF PROPERTY WITHIN THE CITY LIMITS, WHO DESIRES TO PLAT THE SAME AS A SINGLE LOT, IN KEEPING WITHIN THE REQUIREMENTS FOR THE RESPECTIVE PROPERTY USE CLASSIFI- CATIONS AS SET FORTH IN THE CITY'S ZONING ORDINANCE, FOR ANY � s�i CONSTRUCTION OR IMPROVEMENT ON SAID PROPERTY SOUGHT BY SUCH OWNER, WHEN IT APPEARS THAT A MANIFEST AND UNNECESSARY HARDSHIP WOULD ARISE FROM A LITERAL ENFORCEMENT OF THIS ORDINANCE A14D WHEN' THE PLANNING OF THE ORDERLY DEVELOPMENT, GROWTH AND EXPANSION OF THE CITY WILL BE ACCOMPLISHED AS WELL BY THE REQUIRE14ENTS OF THIS SECTION, AS WOULD COMPLIANCE WITH THE OTHER PROVISIONS OF THIS ORDINANCE IN SECURING FINAL APPROVAL OF A PLAT, PROVIDED THE OWNER MAKING THE REQUEST FOR SAID PERMIT OR PERMITS, CAN ESTABLISH THAT SAID PROPERTY SOUGHT TO BE IMPROVED WAS A SEPARATELY OWNED PIECE OF PROPERTY PRIOR TO THE EFFECTIVE DATE JULIE 8, 1951, OF TEXAS REVISED CIVIL STATUTES, ARTICLE 6626, AMENDED, WHICH REGULATES THE RECORDING OF PROPERTY PLATS AND THAT SUCH PROPERTY HAS NOT BEEN DIVIDED INTO ANY PORTION OR PORTIONS OR CONVEYED TO ANY PERSON IN SEPARATE OWNERSHIPS SINCE THE EFFECTIVE DATE OF SAID ARTICLE 6626, AND PROVIDED FURTHER THAT SAID PROPERTY SOUGHT TO BE IMPROVED MUST ABUT ON A DEDICATED PUBLIC STREET SUFFICIENTLY IMPROVED TO SHOld ACTUAL USE BY THE PUBLIC AND MUST BE IN AN AREA WHERE EASEMENTS FOR ALL PUBLIC UTILITIES HAVE BEEN DEDICATED OR WILL, BY THE PLATTINC OF SAID PROPERTY BY THE TERMS OF THIS PROVISION, BE DEDICATED TO THE PUBLIC FOR THE FUTURE INSTALLATION OF ALL UTILITIES THAT WILL SERVE SAID PROPERTY. THE PERMIT OR PERMITS REQUESTED, UNDER THE CDNDITIONS SET FORTH ABOVE, SHALL BE ISSUED SY THE CHIEF INSPECTOR OF THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS, PROVIDED SUCH OWNER PRESENTS TO THE CHIEF INSPECTOR A PLAT GF THE PROPERTY TO B£ IMPROVED AND TENDERS A FEE IN THE AMOUNT OF SIX DOLLARS ($6.00) FOR THE RECORDING OF SAID PLAT, AND AUTHORIZES SUCH RECORDING, AT THE TIME OF REQUESTING SUCH PERMIT OR PERMITS. SAID PLAT SHALL BE PREPARED BY A REGISTERED ENGINEER OR REGISTERED SURVEYOR OF SAID OWNERS CHOICE, OR IN LIEU OF THIS, THE PROPERTY O'dk ER .SHALL. HAVE THE ELECTION OF PRESENTING THE RECORDED -DEED OF SAI.i "PROPERTY TO THE CHIEF INSPECTOR FROM WHICH -2- r Pi0 ^I;S IVI LL PREPARC TH.r. ',CQUIRt -0 PLAT FOR 5UCpi CWNL; ?, Ttl_ PLAT IN EITHER INSTANCE SHALL BE DRAWN ON A STANDARD TWELVE (12) INCH BY EIGHTEEN (18) INCH SHEET AND SHALL SHOW THE DIMENSIONS AND BEARINGS OF THE PROPERTY BOUNDARIES, ITS LOCATION WITH RESPECT TO ALL ABUTTING STREETS, ALLEYS, EASEMENTS AND OTHER PUBLIC DEDICATIONS EASEMENT$ DEDI- CATED BY THE PLAT] THE PROPERTY'S RELATIVE POSITION TO THE NEAREST DEDICATED PUBLIC STREET INTERSECTIONS RECOG- NIZED CORNER OR PLATTED SUBDIVISIONS A PROPER TITLE REFER- ENCING THE PROPERTY TO SOME RECOGNIZED GRANT, PARTITION, UNRECORDED SUBDIVISION OR CENSUS TRACT, BEAR A NORTH POINT AND DATE AND SHALL BE DRAWN TO A SCALE OF ONE INCH EQUALS TWENTY (20) FEET. SUCH PLAT SHALL LIKEWISE CONTAIN A CERTIFICATE OF AUTHENTICITY AND BE SIGNED BY THE PERSON WHO PREPARED IT. A CERTIFICATE OF OWNERSHIP IN FEE AND DEDICATION OF ANY EASEMENT OR EASEMENTS WHICH APPEAR ON THE FACE OF SAID PLAT SHALL ALSO BE PLACED ON THE PLAT AND SHALL BE SIGNED AND ACKNOWLEDGED BY THE OWNER OF SUCH PROPERTY. A CERTIFICATE OF APPROVAL BY AND SIGNATURE OF THE CHAIRMAN OF THE CITY'S ZONING AND PLANNING COMMISSION SHALL ALSO BE PLACED UPON SAID PLAT. IN THE EVENT SUCH PROPERTY OWNER ELECTS TO HAVE THE DEPART- MENT OF PUBLIC WORKS PREPARE SAID PLAT HE SHALL SIGN A REQUEST FOR SUCH ASSISTANCE, AUTHORIZE THE RECORDING OF SUCH PLAT, AND TENDER A FEE OF TWENTY -ONE DOLLARS ($21.00) TO THE CHIEF INSPECTOR TO DEFRAY THE COSTS INCURRED BY THE DEPARTMENT OF PUBLIC WORKS IN PREPARING AND FILING SAID PLAT WITH THE COUNTY CLERK OF NUECES COUNTYy TEXAS. ON RECEIPT OF A PLAT OR DEED AND ON THE PAYMENT OF THE PRESCRIBED FEES AS PROVIDED ABOVE THE CHIEF INSPECTOR SHALL IMMEDIATELY ISSUE THE REQUESTED PERMIT OR PERMITS TO SAID PROPERTY OWNER. THE PLAT PRESENTED BY THE OWNER,OR THE PLAT AS SUBSEQUENTLY PREPARED BY THE DEPARTMENT OF PUBLIC WORKS FROM THE DEED PRESENTED BY SAID OWNER, SHALL -3- NjT BE FINALLY ENDCRSED BY THE CHAT RMAN OF THE ZONI P'.; AND PLANNING COMMISSION NOR SHALL THE CHIEF INSPECTOR OF THE INSPECTION SECTION AUTHORIZE OR ISSUE A CERTIFI- CATE OF OCCUPANCY FOR USE OF THE IMPROVEMENTS MADE BY VIRI^'E OF THE ISSUANCE OF SAID PERMIT OR PERMITS UNTIL SAID OWNER HAS SIGNED AND ACKNOWLEDGED THE HEREIN DES- rERTIFICATE OF OWNERSHIP AND DEDICATION AND HAS AUTHORIZED THE CHIEF INSPECTOR TO FILE SAID PLAT OF rt EC !;RD WITH THE COUNTY CLERK. OF NUECES COUNTY, TEXAS." SECTION " THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION ONE TIME IN THE OFFICIAL PUBLICATIOM OF THE CITY Oi CORPUS CHRISTI, WHICH PUBLICATION SHALL BE SUFFICIENT IF IT CONTAINS THE CAPTION HEREOF AND THE STATEMENT OF THE PENALTY PROVIDED FOR VIOLATICNI. SECTION 3. EXCEPT AS HEREIN AMENDED ALL PROVIDIONS OF ORDINANCE 4163' SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 4. THE. FACT THAT Il' IS OF THE GREATEST PUBLIC IMPORTANCE T�_ I:AH:DIATELY UTILIZE TEE PR4V!SIONS HEREIN ADOPTED SO AS TO GRANT IMMEDIATE RELIEF FROM THE UNNECESSARY NARD31HiP IMPOSED ON OWNERS OF ONE -LOT PARCELS OF LA'I7l IN FLATTIN3 AND USING SUCH, LAND BY FOLL3WIPIG THE SHORTER PROCEDURE SET r ... T.. IN l'HIS A`9ENDMENT AH 1, TF:IS MANNER RECOGNIZING AND PROVIDING FOR THE FROr R °SSIVE - RDERLY GROWT- •DF THE CITY AND THE NECESSARY PROTECTION OF THE LIV_S, HEALTH, PROPERTY AND WELFARE CAF THE CITIZENS OF THE CITY OF CORPUS CREATES A PUBLIC EMERGENCY AMC A PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSI -N OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY 01� THE DATE CF 175 INTRCDUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING Rr wl!r3l'_D THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PAOEO FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AF7Z9 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF , 1956. CITY SrcRF AR MAYOR AP F VED AS 0 LEGAL FORM THE CITY OF CORPUS CHRISTI, TEXAS rlp, <F 4 CORPUS HRISTI, TEXAS 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCEy A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL: I' THEREFOREp HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MI NOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MAFd IlEL P. MALDONADO (JC2 {[ q5y1