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Home My WebLink About19047 ORD - 10/15/1985AN ORDINANCE AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V, REQUIRED IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, ITEM 5, WATER LINES, BY PROVIDING FOR EXEMPTION OR REFUND OF LOT AND ACREAGE FEES IN AREAS NOT LIKELY TO BE SERVED BY CITY WATER SERVICES WITHIN FIFTEEN (15) YEARS; PROVIDING FOR SEVERABILITY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Platting Ordinance No. 4168, as amended, Section V, Required Improvements, Subsection B, Minimum Standards, Item 5, Water Lines, paragraph (c) be amended by adding the following words to the second to the last sentence of paragraph (c): "..., except as provided in (k) below." SECTION 2. That the Platting Ordinance No. 4168, as amended, Section V, Required Improvements, Subsection B. Minimum Standards, Item 5, Water Lines be amended by adding a new paragraph (k), to read as follows: "(k) No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City water services within the next fifteen (15) years. The City Council, with the advice of the Planning Department and the Planning Commission, may make such determination whenever necessary. Any request for a determination of exemption, other than from the Planning Department, Planning Commission, or the City Council, must be submitted in writing to the Planning Department, along with a $50.00 filing fee. The Planning Department shall make its recommendation to the Planning Commission and such request will be scheduled for Planning Commission hearing within sixty (60) days after the filing of such request. Thereafter, the Planning Commission shall make its recommendation to the City Council which shall make the final determination. The City Council may, at any time, cease to exempt any area previously exempted, and thereafter such fees shall apply. Owners of property for which a water lot or acreage fee has been paid under conditions of Section V, Subsection B, Item 5 of the Platting Ordinance may receive a refund of their pro rata 19047 MICROFILMED portions (based on the total lot acreage) of the lot or acreage fee paid if, after ten (10) years, but not more than twenty (20) years from the date of the filing of the plat, the owners of 50% of the property within said final plat petition the City Council for a hearing to determine whether the fees should be refunded. A refund may be made if the City Council finds: (1) The petitioners are the property owners of lots for which a water lot or acreage fee has been paid; (2) No water lines serve the petitioners' property from the City of Corpus Christi water system from another governmental entity, or from existing water control districts or authorities which provide for the furnishing of water; and The property is not likely to be served with such water lines within five (5) years. (3) Any refunds shall only be made when monies are fully available in, and appropriated from the Grid and Arterial Transmission Mains Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. Refunds shall include 5-1/2% interest per annum from the date of filing of the final plat. Other governmental entities, water control districts or authorities other than the City of Corpus Christi which have provided for the furnishing of an approved water supply to a tract of land for which a lot or acreage fee has been paid to the City of Corpus Christi may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. Such refund shall include 5-1/2% interest per annum from the date of the filing of the final plat. Any refunds shall only be made when monies are fully available in, and appropriated from the Water Grid and Transmission Mains Trust Fund. The order of reimbursement will be determined according to the date the application for reimbursements is approved by the City Council. The foregoing shall apply with respect to exempting from payment or refunding of lot and acreage fees only and is not intended to exempt or waive any other platting or other requirements." 04P.130.01 2 SECTION 3. If for any reason any section, sion, clause, phrase, word or provision of this ordi invalid or unconstitutional by final judgment of a jurisdiction, it shall not affect any other section, sion, clause, phrase, word or provision of this ordi definite intent of this City Council that every subdivision, clause, phrase, word or provision hereof and effect for its purpose. 04P.130.01 3 • paragraph, subdivi- nance shall be held court of competent paragraph, subdivi- nance for it is the section, paragraph, be given full force • That the foregoing ordinance w s read for the first time and passed to its second reading on this the 104- day of i/ A , 19 g5 , by the following vote: Luther Jones 0 l, Joe McComb Dr. Jack Best `^"it Frank Mendez David Berlanga, Sr. Q.,t4Q Bill Pruet Leo Guerrero CIA,A Mary Pat Slavik Linda Strong That the foregoing ordinance read for sec.nd time and uassed to its third reading on this the r day of �� , � , 19 M37 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordina �s/ read for the t ird time and passed finally on this the / day of f .GCi , 19 , by the following vote: Luther Jones Dr. Jack Best le David Berlanga, Sr. Leo Guerrero /r Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the 04'day of 0,44„/ , 19 Ir. ATTES City cretary V MAYOR APPROVED: 1 L,�' DAY OF Ovhbe.r^ , 1911 : THE CITY OF CORPUS CHRISTI, TEXAS 19047 PUBLISHER'S AFFIDAVIT AD #48486 CITY OF C.C. CITY SECRETARY STATE OF TERAS, tis: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came_..._._.._ MARGARET RAMAGE -, who being first duly sworn, according to law, says that he is the COMMUNITY RELATIONS SUPELVISOR- of the Corpus Christi Caller and The Corpus Christi Timm, ..Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE #19047 of which the annexed is a true copy, was published in C a 1 1 ar-Ti ma c Publishing Co. on theZ'_b day of October8y 19 and once each consecutive.._.. day ONE -Tees. 31.05 MARGARET RAMAGE day thereafter for Ong,. Subscribed and sworn to before me this 24t f! :; _ • .. - f 19 -85-_ EDNA KOSTER 11-30-88 lig► Legal Notice NOTICE NOTICE OF ORDINANCE 019047 AMENDING THE PLATTING S s ORDINANCE NO. 4168, AS AMENDED, SECTION V, RE-.9 QUIRED IMPROVEMENTS, SUBSECTION 6, MINIMUM TEM 5, INA- RI LIIA`.OS, BY PROVIDING R EXOR REFUND FOF LOT ANDION ACREAGE FEES IN AREAS NOT LIKELY TO BE SERVED BY CITY WATER SERVICES WITHIN FIFTEEN (15) YEARS; PROVIDING FOR SEVERABILITY. Was-passed end approved by thu City Council of the City of ,Corpus Christi, Texas on the 16th day of October, 1985. The full text of said ordinance is available to the public in the Office of the City i Seoretory' /s/ Armando Chaps '. City Secretary Corpus Christi, Texas •