The URL can be used to link to this page

Home My WebLink About020649 ORD - 04/18/1989AN ORDINANCE AMENDING THE PLATTING ORDINANCE BY PROVIDING FOR THE EXEMPTION OF PUBLIC EDUCATIONAL FACILITIES FROM THE PAYMENT OF ACREAGE, LOT, PRO RATA, AND CERTAIN OTHER PLAT SUBMISSION FEES; PROVIDING FOR THE ISSUANCE OF BUILDING PERMITS AND CONDITIONS FOR APPROVAL OF PLATS SUBMITTED BY GOVERNMENTAL ENTITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section I A. Jurisdiction of the Platting Ordinance of the City of Corpus Christi is hereby amended to read in its entirety as follows: Section I - GENERAL A. Jurisdiction. Before any plan, plat, or replat of a lot, subdivision, or addition of land located within the limits or in the extraterritorial jurisdiction of the City of Corpus Christi shall be recorded with the County Clerk of the County in which it is located, it shall first be approved by the Planning Commission of the City of Corpus Christi in conformity with Chapter 212. MUNICIPAL REGULATION OF SUBDIVISIONS AND PROPERTY DEVELOPMENT of the Local Government Code and the provisions of this ordinance. No transfer of land in the nature of a lot, subdivision, or addition as defined herein shall be exempt from the provisions of this ordinance even though the instrument or document of transfer may describe the land by metes and bounds. The filing of any plan, plat, or replat without complying with the requirements of this ordinance, or the transfer of land by the filing of any instrument in the nature of a conveyance without having first obtained an approved plat thereof in compliance with the requirements of this ordinance, shall be deemed a violation of the provisions of this ordinance and of the provisions of the City Charter. Wherever the terms "subdivision" or "subdivider" appear herein, it shall include "lot" and "owner", respectively, and the plat or replat of a lot shall comply with all the provisions of this ordinance to the same extent as the plat or replat of a subdivision. There is, however, excepted from the provisions of this ordinance any conveyance or other division of land transferring any land or interest in land to or from any governmental entity. There shall be required a plat or replat of such tract of land prior to the issuance of a building permit by the City of Corpus Christi pursuant to Section 6 of Article V of the Charter of the City of Corpus Christi. SECTION 2. That Section V - Required Improvements of the Platting Ordinance of the City of Corpus Christi is hereby amended by the insertion of the underlined language to Paragraph 3 of Subsection A, General, to read in its entirety as follows: 502RP281.ord 1 20649 MICROFILMED 3. That the City Engineer be given discretionary authority to approve plats of subdivisions prior to the completion of the improvements as required by the Platting Ordinance (the "required public improvements") under the following conditions: (a) The Director of Engineering finds, within his sole discretion, that seventy-five percent (75%) of the required public improvements for water, sewer, streets, and drainage as set forth on plans previously approved by the Director of Engineering has been completed, and provided that: (1) The Developer submit to the City Engineer a sworn affidavit requesting approval of the plat by the City Engineer and agreeing to complete the required public improvements in accordance with such plans to the satisfaction of the City Engineer prior to any occupancy of any building within the subdivision, and agreeing that temporary utility service prior to completion of the improvements may be terminated by the City with 24-hour notice if required public improvements are not completed within ninety (90) days of recording the plat or replat; (2) The remaining construction of the required public improvements shall not hinder or impede building construction within the subdivision; and (3) That all other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, or special covenants have been completed. (b) Upon the application by a governmental entity to the Director of Engineering verifying that a construction contract has been awarded which provides for construction of the required public improvements for water, sewer, streets, and drainage as set forth on plans previously approved by the Director of Engineering. SECTION 3. That paragraph H of Section VI - Exceptions of the Platting Ordinance is hereby amended to read in its entirety as follows: H. Exceptions for Public Educational Facilities. This exception for public schools shall apply only to property, regardless of whether platted or replatted, meeting all of the following conditions: (1) The tract of property is in use as of January 1, 1989, as an educational facility; (2) The property is in the ownership of a governmental entity with the expressed public purpose of providing educational facilities; (3) The property is not being platted or replatted for the sole purpose of subdividing to permit future sale or use by a non-governmental entity. 502RP281.ord 2 All properties covered by this exception shall be exempt from lot, acreage, and pro rata fee provisions provided by paragraph 5. Water Lines, of Subsection B. Minimum Standards, in Section V. Required Improvements, of the Platting Ordinance. All tracts of property which are covered by this exception shall be exempt from lot, acreage, and pro rata fee provisions of paragraph 6. Sanitary Sewers, of Subsection B. Minimum Standards, in Section V. Required Improvements, of the Platting Ordinance. Plat approval for tracts qualifying under this exception shall be exempt from water and sewer requirements for off-site and on-site improvements required pursuant to paragraphs 5. Water Lines, and 6. Sanitary Sewers which are not directly necessary to serve the property platted. Properties platted under this exception shall not be eligible for reimbursement from the trust funds established under paragraphs 5. Water Lines, and 6. Sanitary Sewers. Applicants submitting plats which qualify under this exception shall be exempt from all plat submission fees but must remit to the City all costs necessary for legal notice advertisement and recording fees before the final plat is recorded in the County plat records. Except for the exemptions provided herein, all plats must conform to all other required public improvements (including water and sewer requirements) set forth as subdivision requirements in the Platting Ordinance or the City Code. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passe and shall t ke effect upon i st reading as an emergency measure this the day of pftC,( , 19 ATTEST: o City Secretary J1,11.4"-e/c-- MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: //& DAY OF ,'? ri/ , 19 89 HAL GEORGE, CITY ATTORNEY By Assistant City Attor 502RP281.ord 3 Corpus Christi, Texas day of ap/2,(_,C 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, I1AY 99.045.01 Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner -el} David Berlanga, Sr. ael/ Leo Guerrero dil, Tom Hunt d,e,4y, Edward A. Martin (It�1 Joe McComb dil2 C1 i f Moss (i/ Mary Rhodes lizt-i Frank Schwing, Jr. ai-y _, 20649