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HomeMy WebLinkAbout15708 ORD - 08/20/1980• jkh:8-1-80;lst AN ORDINANCE AMENDING THE PLATTING ORDINANCE, ADOPTED BY ORDINANCE NO. 4168, AS AMENDED, BY AMENDING SECTION V - REQUIRED IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, BY ADDING A NEW PARAGRAPH, TO BE NUMBERED 11, TO PROVIDE FOR PAR- TICIPATION BY DEVELOPERS IN THE COST OF STREET LIGHTS IN NEW SUBDIVISIONS OF $170 PER LIGHT, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Platting Ordinance, adopted by the City Council by Ordinance No. 4168, as amended, be amended by amending SECTION V - REQUIRED IMPROVEMENTS, Subsection B. MINIMUM STANDARDS, by adding a new paragraph to be numbered 11, to hereafter read as follows: "11. STREET LIGHTS The subdivider shall be required to provide street lights at all intersections, at intervals of five hundred (500) feet within blocks in excess of five hundred (500) feet, at abrupt curves, and within the turn -around end of cul-de-sacs in excess of two hundred fifty (250) feet in length. The sub- divider shall not be required to extend electrical service or lighting to any freeway or thoroughfare as defined in the adopted Corpus Christi Urban Transportation Plan adjacent to the subdivision. The City of Corpus Christi shall, through Central Power and Light Company or the appropriate franchised utility, have street lights installed at the request of the developer, prior to acceptance of the improvements within the subdivision for maintenance by the City of Corpus Christi. The developer shall pay the City One Hundred Seventy Dollars ($170) per street light installed. Payment shall be made prior to acceptance of the improvements within the subdivision for maintenance by the City; provided, however, that such payment and/or installation of street lights required hereunder may be deferred for a period of time not to exceed six (6) months from date of acceptance of such subdivision by the City. Such deferred payment agreement shall be executed in 15708 • writing between the developer and the City prior to or upon acceptance of the required subdivision improvements by the City. A substantial copy of said deferred payment agreement is attached hereto and made a part hereof, as Exhibit 'A'. After the effective date of this ordinance, all subdivisions and resubdivisions approved by the Planning Commission shall be required to comply herewith." SECTION 2. 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. • THE STATE OF TEXAS .11 COUNTY OF NUECES G CONTRACT WHEREAS. pursuant to Ordinance No. 4168, Section V. subsection B. paragraph 11, as amended, of the City of Corpus Christi, and for the purpose of compliance with the provisions of said subdivision regulations contained therein, hereinafter referred to as "Developer", being the owner and/or developer of a platted subdivision described as , and the City of Corpus Christi, acting by and through the authority of the City Council, for and in consideration of the exchange of mutual covenants and conditions herein contained, do hereby covenant and agree as follows: 1. That in accordance with Paragraph 11, Subsection B, Section V. Ordinance No. 4168, developer shall provide (number) street lights for said subdivision. 2. That developer shall pay the sum of dollars to the City as developers prorated share of the cost of such street light requirement. 3. Such sum of money and the installation of said re- quired street lights may be deferred upon the written request of developer for such period as developer may request, but in no event for longer than 1 year unless developer shall submit a written request for a further extension until a date certain thereafter. 4. No building permit or certificate of occupancy shall be issued by the City for any lot in said subdivision without payment of the above stated sum in compliance with this agreement. 5. This agreement shall be binding upon the parties hereto, their successors and assigns and shall constitute a covenant running with the land. ATTEST: Secretary ATTEST: Witness our hands this day of 1980. City Secretary APPROVED: day of , 1980 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS Q COUNTY OF NUECES Q BEFORE ME, the undersigned authority on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, a munici— pal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this day of DEVELOPER By CITY 'OF CORPUS CHRISTI By R. Marvin Townsend, City Manager 1980. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS 4 COUNTY OF NUECES d BEFORE ME, the undersigned authority on this day personally appeared known to me to be the person whose name is subscribed Page Two of Three Pages to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this day of 1980. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS ,COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared of a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this day of 1980. Notary Public in and for Nueces County, Texas Page Three of Three Pages That the foregoing ordinance was read for the first time and assed to its second reading on this the (pi-&- day of i/se, , 19 VGI , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance w s read for tj4e second time and passed to its third reading on this the /3 day of , 19 ' , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordina was reafor th hird time and passed finally on this the a0 day of _ _ , 19 '# , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the •?D day of ATTEST: City Secretary MAYO 4 HE C OF CORPUS CHRISTI, TEXAS APP VED: DAY OF , 1910 : J. BRUCE AYCOCK, C TY ATTORNEY By Ass' Ji • City Attar Y o— 15708 _ _ PUBLISHER'S AFFIDAVIT STATE OF TERAS, • County of Nueces. f "" Before me, the undersigned, a Notary Public, this day personally came. LORRAINE CORTEZ ....... who who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of watt... CIF PARSA0.,_OF_QRD _ 9,agD BY ORDINANCE. THE CORPUS CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in on the 25th day of AUGUST 19 80. , and once each thereafter for.. consecutive. day eur 01 1 Y:1' ';_.y. day one one des, i 31.57 LORRAINE CORTEZawse 4 — A•CCO NTii - ERK dL�4 Subscribed and sworn to before me this_ .8th _.._day of_ l AUGUST !980 .././ _ � tory Public, Nueces County, Texas LOIS WINN iii NOTICE OF PASSAGE OF ORDINANCE NO, 15709 I AMENDING THE PLATT- ING ORDYNA'NC-E, 'ADOPTED BY ORDI- NANCE NO. 6168, AS AMENDED, BY AMEND- I ING SECTION V • RE" I ',QUIRE') IMPROVE-. MENTS, SUBSECTION B, (MINIMUM STANDARDS, BY ADDING A NEW. PARA- GRAPH, TO BE NUM- BERED 11, TO PROV4DE' FOR PARTICIPATION-BYI DEVELOPERS IN THE COST OF STREET LIGHTS . IN NEW SUBDIVISIONS OF 70 PER LIGHT,• OREFULLY SET FORTH RTH HEREINAFTER; PROVID- ING FOR SERVERANCE• WAS PASSED AND AR-1 PROVED byt City Cou cil e of the City of Corpus Christi, Texas during the RequldT Council Meeting held on the 28111 p.m. of August, 1988,`et pub- lication tid me providing the-offi- cCorPus publication TexayCtty,4fI AND ESEAL D DofRthe �City,Corpus of this the 21st day of Christi, •s-BRI G. Read, -City S6Cretaf5 City of Corpus. Christi, UFO. -