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Home My WebLink About18399 ORD - 08/07/1984• • AN ORDINANCE AMENDING SECTION 49-12 OF THE CITY CODE TO PROVIDE FOR PAYMENTS FOR THE CLOSURE OF STREETS AND OTHER PUBLIC WAYS IN CERTAIN CASES AND REQUIRING THAT THE PROPERTY BE REPLATTED; AMENDING SECTION 49-13 TO PROVIDE FOR REPLATTING UPON THE CLOSURE OF EASEMENTS; AND PROVIDING FOR PUBLICATION AND SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 49, Streets and Sidewalks, of the Code of Ordinances of the City of Corpus Christi, Texas, as amended, be amended by changing Section 49-12 thereof to hereinafter read as follows: Sec. 49-12. Petition to Council to establish or close streets, etc. (a) All persons desiring to have the City Council exercise its powers under Section 6 of Article IX of the Charter, regarding the establishment or closing of public streets, alleys, or other public ways, shall file their request with the City Engineer, 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 therefrom, 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. (b) Each request shall be accompanied by the payment of a non-refundable application fee in the amount of two hundred dollars ($200.00) to cover the expense of administrative processing, and each applicant shall further be required to pay all notification and legal publication costs incurred by the city. (c) Due to the value of the property released by the City in any action involving the closure, reduction or alteration of any public street, alley or other public way, any person who acquires such property under the terms of this ordinance shall pay to the City the fair market value. Fair market value shall be established by an appraisal prepared or obtained by the City. Applicants who do not agree with the 18393 j!CfOFILMED SEP 2 81984 City's appraisal of the value of closed streets may secure their own appraisal, at applicant's expense, for review by the City. An exemption or credit shall be allowed against such payments under the following circumstances: (1) No further payment shall be required for the closure of all or a portion of a public alley when such property would be acquired by an abutting property owner. (2) No further payment shall be required if the closure or alteration is initiated by the City when such closure 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 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 and used for any public street purpose. The term "public street purpose" is hereby defined to include, 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 ordinance 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 ordinance, 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. (e) Upon the establishment, closure or alteration of any public street, under the terms of this ordinance, the applicant shall be required to apply for the replat of the affected properties so that the plat records shall accurately reflect the revised subdivision of the property. SECTION 2. That Chapter 49, Streets and Sidewalks, of the Code of Ordinances of the City of Corpus Christi, Texas, as amended, be amended by changing Section 49-13 thereof to hereinafter read as follows: All persons desiring to have the City Council close or abandon an easement shall file their requests with the City Engineer, in writing, directed to the City Council. Such request shall contain an accurate description of the easements, or portions thereof, desired to be closed or abandoned. Upon filing of such request, as provided in this section, a deposit shall be made with the City Engineer of the sum of one hundred dollars ($100.00) to cover the expense of processing the request. Upon the closure or alteration of any easement under the terms of this ordinance, the applicant shall be required to apply for the replat of the affected properties so that the plat records accurately reflect the revised subdivision of the property. SECTION 3. This ordinance shall take effect from and after its publication one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in summary the purpose of the ordinance. SECTION 4. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the c2,5orl day of nm , 19 %Cf. , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance was read for the second time and passed to its third reading on this the ,0j*hday of y'y1a , 19$4. , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinan was read for the third time and passed finally on this the jj day o pu p-� , 19 %4. , by the followin. vote: Luther Jones I 4 Leo Guerrero 11 1 Betty N. Turner I�_;, % Dr. Charles W. Kennedy !.1 • 1 David Berlanga, Sr. t Al Joe McComb OP, 0 Welder Brown • Frank Mendez R'1 i Mary Pat Slavik 'I ,' , 19q,.` PASSED AND APPROVED, this the /74.1, day of ATTEST: Secretary APPROVED: DAY OF , 195 : J. BRUCE AYCOCK, CITY ATTORNEY By orn MAYOR l A Lt Q1 tirt THE CI Y OF CORPUS CHRISTI, TEXAS 1 49 1 STATE OF TEXAS, Ls, County of Nueces. 1f PUBLISHER'S AFFIDAVIT AD#38720 Before me, the undersigned, a Notary Public, this day personally came. GRACIE DE LUNA who being first duly sworn, according to law, says that he is the ADM. ASST,- 5.Eg.RE,TARY of the Corpus Christi Caller end The Corpus Chri1ti Times, 'Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSGE OF ORDINANCE NO. 18399... of which the annexed is a true copy, was published in C LLER-TIMES up,L. _ CD. on the 13th day of _Au-st ____. 19_134 and once each_ day_ .-._..._..thereafter for one consecutive. day one..__ Times. n 43-27_50 GRACIE DE LUNA Adm. Asst. Sec. 15th August 84 Subscribed and sworn to before me this .. . of_ 19.. Notary Public, Nueces EDNA KOSTER - 11/30/84 NOTICE OF PASS i OF ORDINANCE NO. 18399; AMENDING SECTION 49-12'. OF THE CITY CODE TO PRO; VIDE FOR PAYMENTS FOR THE CLOSURE OF STREETS AND OTHER PUBLIC WAYS' IN CERTAIN CASES AND RE>* OUIRING THAT THE! PROPERTY BE REPLATTED;r AMENDING SECTION 49-13, TO PROVIDE FOR REPLAT-+ TING UPON THE CLOSURE OF EASEMENTS; AND PROVID- ING FOR PUBLICATION. Was passed and approved by the City Council of the City; of Corpus Christi, Texas one the 7th day of August, 1984:6 r The full text o1 said ordinance: Is available to the pubhc In thea Office of the Crty Secretary. -s-Bill G. Read: City Secretary„ Corpus Chrish, Texas*