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Home My WebLink About20116 ORD - 12/17/1987AN ORDINANCE AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN STANDARDS, SUBSECTION A, STREETS, BY ADDING PRIVATE STREETS TO BE DESIGNATED AS SUBSECTION A.19; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Platting Ordinance, Section IV, Design Standards, Subsection A, Streets, is hereby amended by adding a new Subsection A.19, Private Streets, to hereafter read as follows: A.19 PRIVATE STREETS Private streets not included in a Planned Unit Development (PUD) shall be allowed in a residential subdivision subject to meeting all subdivision regulations and other conditions set forth below: A. General - Private street(s) shall be the principal access easement between a public street and a platted lot which does not abut a public street. Such private street(s) are not dedicated to the public and are not publicly maintained. The term "private street" shall include both the pavement and easement areas of streets, alleys, or service roads within such development. B. Access - A private street shall be labeled on the plat as an access easement and be assigned a lot and block number from its subdivision. Private streets will be reserved for use by owners and residents, served by such private streets and all governmental entities, providing services and regulatory enforcement, as well as private service entities. Access to subdivisions containing private streets shall be controlled by 24-hour security guard or a self -activated gate at the entrance. The gate shall be of a breakaway model which will not damage emergency vehicles responding to a call. C. Lots - A private street shall be designated as a non -buildable T All buildable lots within the subdivision shall have access only to a private street and double frontage lots shall be prohibited. D. Private Street Names - Private streets shall be named so as not to conflict with other street names, whether public or private. E. Design Standards - The Design standards for private streets, including construction standards, widths, all geometric standards, grades and alignments, shall be the same as required 204RP054.ord 20116 for public streets as set out in the Platting Ordinance No. 4168, as amended, and the Driveway Ordinance No. 19105 as amended. The width of the easement for a private street shall be the same as required for the right-of-way of a public street of a similar projected carrying capacity. Any residential subdivision incorporating private streets shall have secondary entrances for emergency vehicle access, with the design and location subject to approval of the Planning Commission. F. Construction - Prior to recording of the final plat with the County Clerk, the subdivider shall submit, for the City Engineer's approval, construction plans of the proposed private street(s) which meet the Platting Ordinance standards. Additionally, the construction of private streets shall be inspected and approved by the City Engineer in the same manner prescribed by the Platting Ordinance for public streets and any fees required for inspection shall be paid prior to and are not refundable. G. Utility Connections - Utilities to any part of the subdivision shall not be connected until the City Engineer has issued a certificate of compliance of proper construction for water, drainage, wastewater, and private streets. H. Easements - Easements for extension of utilities along or across private streets shall be shown on the plat as requested by staff. I. Maintenance - The plat shall make reference to restrictive covenants providing for the perpetual maintenance of private streets by a homeowners' association, and such covenants as approved by the City, shall not be altered without the City's approval. J. Setback and Frontages - All private street access easements shall be treated as public street rights-of-way for purposes of determining building setback requirements and lot frontages. K. Future Dedication - Should the lot owners abutting private streets request the City to accept dedication of the private street as a public right-of-way for purposes of maintenance, a condition of such dedication, if approved by City Council, shall require that the private street meet all city standards and be in satisfactory condition for the safe use of such street by the general public. Any such dedication shall require a replat showing the same. L. Parks - Residential subdivision served by private streets shall meet the park dedication ordinance requirement of 5 percent of land area should the staff determine the subdivision of 204RP054.ord sufficient size to merit such park, and that park will be owned and maintained as a private park in perpetuity. If the staff determines that the subdivision would not require a park dedication, then a cash donation of 5 percent of the land market value will be made to the City in lieu of the dedication and such monies will be expended in accordance with the park requirements further described in the Platting Ordinance. M. Street Lighting - Street lighting shall be in compliance with City design requirements and installed on all private streets. Should public dedication of the private streets occur, the City will only assume maintenance and operation responsibilities for street lights conforming with City standards (i.e., style, spacing, and illumination intensity). N. Traffic Control Devices - Traffic on all private streets shall be controlled, guided and warned by traffic control devices (signs, markings, signals, etc.) in conformance with city and state standards. 0. Hold Harmless - The plat shall contain language whereby the owners of lots served by private streets agree to release, indemnify, defend, and hold harmless any governmental entity for damages to private streets occasioned by the reasonable use of government service vehicles; and/or damages to other persons' properties and/or vehicles claimed as a result in street design or construction. 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. 204RP054.ord That the foregoing ordinance was read for the firs time and passed to its second reading on this the (41.+-{, day of tej...m.tk) , 19 g7 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero ?r 1Tk—Mertder That the foregoing ordinanceas third reading on this the following vote: Betty N. Turner David Berlanga, Leo Guerrero Frank Mendez read day Clif Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong for of Moss e Seco t'me and p ssed to its , 19 f7 , by the T/ Clif Moss Sr. Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong That the foregoing ordi nce was read for the third time and passed finally on this the 19 day of J/2,0 , 19 $r7 , by the following vote: aa.tsoaA,t Betty N. Turner David Berlanga, Sr. Leo Guerrero F I -a414 --M Lndez PASSED AND APPROVED, this the irl City Secretary g,„ APPROVED: 23-tADAY OF /1%a der , 19g: HAL GEORGE, CITY ATTORNEY Byf sis ant City Attorney 99.044.01 Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong day of MA Otoif the abitat AL - 4/0„,„J THE CITY OF CORPUS CHRISTI, TEXAS 20116 PUBLISHER'S AFFIDAVIT State of Texas, 3 City of C C County of Nueces 3 ss: Ad # 49174 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says ,,that she is a Senior Accounting Clerk of the Corpus Christi Caller - 'Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, 'Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, kleberg, Live Oak, Refugio, San Patricia, and Victoria Counties, and that the t:publicationof "NOTICE OF PASSAGE OF ORDINANCE #20116 AMENDING THE" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 22 day o+ December 1987, and each day there- after for one consecutive day(s) one Times $ 26.30 Subscr d and sworn Eugenia S. C rtez Notary Public, Nueces County, Texas My commission expires on 6.30.89 Senior Accounting C1erF.: _red me s 29 day of December, 1987 NOTICE OF PASSAGE OF AMENDING THE PLATTING ORDINANCE 020116 ORDINANCE, SECTION IV, DESIGN STANDARDS, SUB- SECTION A, STREETS, BY ADDING PRIVATE STREETS TO BE SUB- SECTION SIG A.19; ATED AS AND 3i PROVIDING ' FOR SEVER- ANCE. by thas sed and e City Council ofapproved City the 1: th of Corpus Christi Texas on (p{..0_ 1987., The fuullotex0tacemberof said i :�P ordina' co is evadable to the Public i the Office of the City 1 r Secretary. 7J /s/ Armando Chepa City Secretary City of Corpus Christi