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Home My WebLink About021735 ORD - 08/17/1993AN ORDINANCE AMENDING THE PLATTING ORDINANCE, SECTION III - PROCEDURE AND SECTION V - REQUIRED IMPROVEMENTS, BY PROVIDING THAT ANY OWNER OR SUBDIVIDER OF ANY TRACT OF LAND WHO DIVIDES THE SAME IN TWO OR MORE PARTS MAY PROVIDE SECURITY FOR IMPROVEMENTS IN LIEU OF IMPROVEMENTS FOR FINAL PLAT APPROVAL; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning an amendment to the Platting Ordinance of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, July 14, 1993, during a meeting of the Planning Commission and on Tuesday, August 10, 1993, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Platting Ordinance of the City of Corpus Christi, Texas, is amended by making the changes hereinafter set out. SECTION 2. That the Platting Ordinance, Section III - Procedure, Paragraph H, Subparagraph 5 is amended to read as follows: 5. Upon approval of a final plat, the applicant shall acknowledge all required improvements as specified by this ordinance and found applicable by the Planning Commission. The Director of Engineering Services/City Engineer shall not endorse the final plat until seventy-five percent (75%) of the required improvements are in place, and in compliance with Section V, Paragraph A, Subparagraph 3 or until security for the construction of the improvements has been provided in compliance with Section V Paragraph A, Subparagraph 3. The Chairman and the Secretary of the Planning Commission are authorized to endorse such final plat as approved and allow said plat to be recorded with the County Clerk of the appropriate county jurisdiction. All required fees shall be paid prior to recordation. SECTION 3. That the Platting Ordinance, Section V - Required Improvements, Paragraph A, Subparagraph 3 is amended to read as follows: 93NH2889.028.ak 021735 MWEUIEILMLU 2 3. That the Director of Engineering Services/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 Services/City Engineer 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 Services/City Engineer has been completed and provided that: (1) The developer submit to the Director of Engineering Services/City Engineer a sworn affidavit requesting approval of the plat by the Director of Engineering Services/City Engineer and agreeing to complete the required public improvements in accordance with such plans to the satisfaction of the Director of Engineering Services/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 or the issuance of required permits within the subdivision; and (3) That all other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, or special covenants have been completed. LW Upon written application by the subdivider and receipt of such application and findings from the Planning Commission, the City Council may determine there exists : reasonable cause to delay the 75% requirement; provided that: al The subdivider has posted a cash bond or equally liquid negotiable security with the City for the construction of the improvements to ensure completion of the project. The security shall be in the amount of 110% of the cost of the project as estimated by the Director of Engineering Services/ City Engineer: shall be in a form and pursuant to an agreement approved by the City Attorney and the Finance Director: and shall be posted prior to the recording of the plat; Q) The subdivider has provided operable water and sewer service as 93NH2889.028.ak 93NH2889.028.ak r 3 approved in the plat for each lot in the subdivision• and al The subdivider has executed an agreement with the City that provides at a minimum the following: Ii) That the subdivider shall construct the improvements in ac ordance with the en • ineerin r tandards in effect at the time of construction. ii That all other subdivision requirements. park dedications. park deferment agreements. maintenance agreements. or special covenants have been completed; (iii) That the security and interest shall be applied to the construction of the required improvements and that any remaining funds shall be returned to the subdivider upon completion of the improvements. (iv) That if the security and interest prove inadequate to complete the improvements that subdivider shall reimburse the City for the additional cost of the improvements; That the improvements must be fully completed within a maximum of five years or a lesser time as determined by the City Council ; (vi) That an increase in security may be required on an annual basis if the Director of Engineering/City Engineer determines that the present principal and interest are not equal to 110% of the estimated construction costs. (vii) That the City may accelerate payment or performance or require additional collateral when the City deems itself insecure as to the prospect of payment or performance. (viii) That the subdivider shall construct the required improvements and that such covenant shall be included in the agreement as a covenant running with the land: and _(x1 That the Director of Engineering Services/City Engineer. at subdivider's expense. shall file of record such agreement in the records of the county in which the property is located. Upon the application by a governmental entity to the Director of Engineering 4 Services/City Engineer 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 Services/City Engineer. (Ordinance No. 20649, 04/18/89) SECTION 4. That a violation of any provision of this Ordinance by any subdivider shall constitute a misdemeanor in accordance with Section XI - Penalties of the Platting Ordinance. SECTION 5. 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 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. 93NH2889.028.ak That the foregoing ordinance was read for the first t Re and passed IC, its second reading on this the �day of �7,"��_ �,:,r[ , 19 i,1=) , by the following vote: L Mary Rhodes ,14Edward A. Martin ftk'j . Dr. Jack Best L, ( Dr. David McNichols a!9''k%�' 6 �� Melody Cooper 117-y David Noyola 1'�) .“1„.0 Cezar Galindo f Clif MosstH, Betty Jean Longoria ,t;vc That the foregoing ordinance was read for the;second time and passed finally on this the (i day of i PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 85825 PO/ Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary 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, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021735 AMENDING THE PLATTING ORDINANCE. SECTION III - PROCEDURE AND SECTION V which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 23rd day(s) of August, 1993. One Time(s) $ 36.80 -T T Business Office Secretary Subscribed and sworn to before me this 3rd day of September, 1993. 00"‘"11111"qq1', �` ‘‘‘‘‘-‘‘.\'‘.. `'‘ �‘6,.H:4R4°°,:i G• ? -O - County, Texas= �T: Z c "f or S' * ' ii74 ,*-0oc \‘‘\` Monday, August 23, 1903 • "' Christi Caller-Times/C11 -1 NOTICIg. lis_ 35 �' -, OF ORDIMID , i't:` NG 1 °RDINANo i ....�`i 11 - PRO REQ .. 1"` VE V I - MENTS, BY PR .V G I THAT ANY OWNER OR SUB- t DIVIDER OF ANY TRACT OF LAND WHO DIVIDES THE • SAME IN TWO OR MORE f PARTS MAY PROVIDE SECU- t RIM' FOR IMPROVEMENTS IN A LIEU OF IMPROVEMENTS F FOR FINAL PLAT APPROVAL. r The ordltwra woo Wood r on wood And MN routing L by tm Cityof CorQus CduikN of On r Christi on the v City 7 h Sy of Austin, 1993. F /e/ Ammcdo Chops P City Secretary b Chy of Capue ant $