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HomeMy WebLinkAbout024338 ORD - 01/16/2001 Page 1 of 11 AN ORDINANCE AMENDING THE PLATTING ORDINANCE REGARDING THE CITY'S PARTICIPATION IN STREETS, PARKS, AND STREET LIGHTING INFRASTRUCTURE IMPROVEMENTS; AND REGARDING PARK DEDICATION AND USE OF MONIES IN THE PARK TRUST FUND; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, when the Platting Ordinance was amended, by Ordinance 21808 on November 23, 1993, to provide for City participation in certain street construction costs, funding was available to pay for the participation with proceeds from voter approved bonds. However, the availability of that funding was not certified by the Director of Finance; and WHEREAS, the City's agreement to participation in certain infrastructure improvements, and the level of participation, was a voluntary act, and is not specifically required by State law; and WHEREAS, bond funding is not currently available to cover the costs of City participation in certain infrastructure improvements; and WHEREAS, moneys are not currently available in the City's general fund to cover the costs of City participation in certain infrastructure improvements; and WHEREAS, Section 7 of Article IV of the City's charter prohibits the City from entering into a contract, agreement, or other obligation involving expenditure of money unless the Director of Finance certifies that the money required is in the treasury to the credit of the fund from which the money will be drawn and is not appropriated for any other purpose; and WHEREAS, Section 5 of Article 11 of the Constitution of the State of Texas prohibits municipalities from creating a debt, unless at the same time provision is made to assess and collect a tax to pay the interest on the debt and at least two per cent per year into a sinking fund; and WHEREAS, the approval of plats by the Planning Commission under the terms of the current Platting Ordinance may be creating unfunded obligations of the City; and WHEREAS, the uncertainty of knowing whether or not the City is going to fund certain infrastructure improvements may discourage owners from developing properties within the City; H:\LEG-PIRINOEMIIDDCURTISIMYPOCS\2001 IP&ZORD01 IPlatting .ordIDoyleCID028340A. WPD Last saved by Doyle D. Curtis on 01111/01 at 1 :59 P.M 024338 Page 2 of 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section IV.A.12.c)(2) of the Platting Ordinance, Ordinance 4168, adopted March 23, 1955, as amended, is amended to read as follows: "SECTION IV - DESIGN STANDARDS "A. STREETS. * * * * * "12. Half streets shall be prohibited. * * * * * "c) The Director of Engineering/City Engineer, in his sole discretion, may submit an application requesting the Planning Commission to require cash in lieu of construction for a half street or for cash in lieu of construction of a half street and either or both of its related water and sanitary sewer infrastructure improvements. Upon application by the Director of Engineering/City Engineer, the Planning Commission may approve a plat containing half streets and require cash in lieu of construction of a half street or cash in lieu of construction of both a half street and either or both of its related water and sanitary sewer infrastructure improvements provided that the following conditions are met prior to recordation of the plat: * * * * * "(2) If the City Council authorizes the City's participation in the construction of a half street or construction of both a half street and either or both of its related water and sanitary sewer infrastructure improvements under the street participation policy contained in Section V.B. Hb). water reimbursement policies contained in Section V.B.5.. and sanitary sewer reimbursement policies contained in Section V.B.6.. the The City Council must appropriate the funds necessary to meet the City's participation oblioations to deposit mone'y in the Infrastructure Trust Fund. If the City Council fails to authorize the City's participation in the construction or fails to appropriate the re~uired funds before the recordino of the plat. then the subdivider shall bear all costs of construction for its participation in the construction of a half street or construction of both a half street and either or both of its relatcd 'liJater and sanitary sc',ver infrastructure impl'Oven,ents in accordance with the strect participation policy contained in Gection 'J.D.1.(b), vvater reimbursement policies contail,ed in Oection V.D.S., and sanitary sevver reimbursement policies contained in Gection V.D.G.; H:\LEG-PI RINOEMIIDDCURTISIMYDOCS\2001 IP&ZORDOl IPlalting.ordIDoyleCID028340A.WPD Last saved by Doyle D. Curtis on 01/11/01 at 1 :59 P.M Page 3 of 11 * * * * * SECTION 2. Section IV.A.12.d) (1) &(2) of the Platting Ordinance, Ordinance 4168, adopted March 23, 1955, as amended, are amended to read as follows: "SECTION IV - DESIGN STANDARDS "A. STREETS, * * * * * "12. Half streets shall be prohibited. * * * * * "d) Whenever the Planning Commission has approved a plat containing a half street, the following provisions apply to the construction, developer reimbursement, and payment for the half street. "(1) The City Council shall determine the amount of monies to be paid as cash in lieu of construction of the half street prior to the payment in lieu of construction for the half street or both of the half street and either or both of its related water and sanitary sewer infrastructure improvements, if any. The developer paying cash in lieu of construction must provide all cost supporting documentation to the Director of Engineering Services/City Engineer who shall recommend the amounts to be plaC:13clinth13 Infrastructure Trust Account by the City, if any, and the developer. fJt.(~~ mEi recommendation shall include the cost supporting documentation provided by the developer, all cost supporting documentation supporting the City's recommended payment amount, and, if the Director of Engineering Services/City Engineer's recommendation is different than developer's, any documentation required to support his recommendation regarding the developer payment. "(2) If the cash in lieu orconstruction proves inadequate to complete the street improvements, the City MI8\! may pay. subiect to the availability and certification of appropriated funds and approval by the City Council. the additional cost of the improvements at the time of construction of the remaining half street; * * * * * SECTION 3. Section IV.A.16. of the Platting Ordinance, Ordinance 4168, adopted March 23, 1955, as amended, is amended to read as follows: H:ILEG-PIRINOEMIIDPCURTISIMYDOCS\2001 IP&ZORD01 IPlatting.ordIPoyleCID028340A. WPD last saved by Doyle D. Curtis on 01/11/01 at 1:59 P.M Page 4 of 11 "SECTION IV - DESIGN STANDARDS "A. STREETS. * * * * * "16. Where it is necessary for the best utilization of this street system in any subdivision wherein the city limits of the City of Corpus Christi that crossi:ng.s()Il~r drainage ways be provided, the developer shall be required to construct ~~~ffi tliie crossings at his total expense if the ultimate bottom width of the drainage way does not exceed 15 feet. If two or more developers own property adjacent to the drainage way, they shall each deposit an equal shareoftheestima\edsgst of the bridge or crossing. The crossing will then be constructedetstlcfltimeas when all developers involved have deposited their share of the money for the construction. The Sil}','i>'iHmaY participate in the cost of construction of any drainage way crossing!;Jol~~!I the ultimate bottom width of the drainage way exceeds 15 feet . the side slope is approved by the Director of Enoineerino Services, and the followino conditions are satisfied: (1) Before construction beoins. available funds are appropriated and certified and the Citv Council authorizes an infrastructure participation aoreement rSee Section V.B,1 b)(I)l: and (2) Participation shall comply with Texas Local Government Code & 212.071 et. seo..I#~~~ Th~ participation will be an amount determined by multiplying the ultimate bottom width less 15 feet, divided by the ultimate bottom width by the applicable construction costs as defined below. The City will not under any condition participate in the cost of construction of any drainage way crossing if the ultimate bottom width of the drainage way is under 15 feet, even if the property on one side is an existing street or any other public property; nor will the City participate in an amount greater than the amount determined by the above formula even if the property on one side is an existing street or any other public property; nor will the City participate if the bridge is located outside the city limits. In estimating the total cost of construction for bridge crossings, the plans shall include the structure, headwalls, retaining walls, embankments, roadways, pavement, curbs and gutter, sidewalk, railing and related drainage structures, testing and engineering. and like related project expenses, within the right-of-way of the drainage excluding ten (10) feet of improvements on either side of the right-of-way measured towards the centerline of the drainage way, All engineering work shall be performed by the deyeloper's engineer and approved by the Director of Engineering Services/City Engineer. Participation by the City will be limited to the cost of improvements required by the City. Anything in excess or more elaborate than the City's requirements will be at the subdivider's expense. For the purpose of definition, bridge shall be defined as any structure usually referred to as a concrete box culvert or clear span bridge and shall specifically exclude culyert crossings or other crossings utilizing reinforced concrete or corrugated metal pipe." H:ILEG-PIRINOEMIIDPCURTISIMYDOCS\2001 IP&ZORD01 IPlatting.ordIDoyleCID028340A.WPD Last saved by Doyle D. Curtis on 01/11/01 at 1 :59 P.M Page 5 of 11 * * * * * SECTION 4. Section IV.G,2.j) of the Platting Ordinance, Ordinance 4168, adopted March 23, 1955, as amended, is amended to read as follows: "SECTION IV - DESIGN STANDARDS * * * * * "G. PARKS AND PLAYGROUNDS. * * * * * "2. Standards for Dedicated Parkland. * * * * * Ilo'we~'eF, "ark Park trust fund and park bond fund monies shall not be used for any of these improvements except utility extensions." * * * * * SECTION 5. Section IV.G.2.b) of the Platting Ordinance. Ordinance 4168, adopted March 23, 1955, as amended, is amended to read as follows: "SECTION IV - DESIGN STANDARDS * * * * * "G. PARKS AND PLAYGROUNDS. * * * * * "2. Standards for Dedicated Parkland. H:ILEG-DIRINOEMIIPDCURTISIMYDOCS\2001 IP&ZORD01 IPlatting.ordIDoyleCID028340A. WPP Last saved by Doyle D. Curtis on 01/11/01 at 1 :59 P.M Page 6 of 11 * * * * * b) Should the City accept any monies in lieu of land, $t1(;h the fees shall be placed in t~~9ity'~gl:lrKTrust Fund and shall be used for the acquisition and/or improvement of. !'\er~~~~rH~~l!I park(s) whioltis most likely to serve the residents of said subdi.)(i~.iOIl' The park most likely to serve a subdivision shall in no case be located more than .~.~~~ ~.'.'1m5 miles from the subdivision, taking int059."siderati9n$Il~B factors ~Ul:lj,j as the proximity of major barriers to accessibility, lll:let'la$ includina freeways, navigable streams, and bodies of water. Any fees paid in lieu of dedication must be expended by the City within four (4) years from the date received.bytheCity for acquisition, dE'l.\lE'lIOPrnent, or any combination thereof, for l'IeightiC)rhC)~l!I parks as defined herein, $~eh Ef:he funds shall be considered to be expended on a first-in first-outbl:lsi~. If not so expended, the owners of the respective property, on the last day of ~!iI!:ll1! t!!l.!ii period, shall be entitled to a pro-rata refund of $\::feh the sum computE'ldplla square footage area basis. The owners of $\::feh the property must request $tlcl't the refund within one year of entitlement in writing, or $\::feh the entitlement shall terminate. * * * * * SECTION 6. Section V.B.1.b) of the Platting Ordinance, Ordinance 4168, adopted March 23, 1955, as amended, is amended to read as follows: "SECTION V - REQUIRED IMPROVEMENTS * * * * * "B. MINIMUM STANDARDS. The following minimum standards for subdivision street improvements shall be met as a condition of approval of construction plans by the Direct of Engineering Services/City Engineer and before final approval of a plat by the Planning Commission. "1. SUBDIVISION STREET PAVEMENT: * * * * * "b) City Participation Policy. The City wilf-may pay additional construction costs with regard to pavement thickness greater than those of a Residential Collector street cross section for Neighborhood Collectors and Commercial Collectors tc) the extent H:ILEG-PIR\NOEMIIDDCURTIS\MYDOCS\2001 \P&ZORD01 IPlalling.ord\DoyleC\D028340A.WPD Last saved by Doyle D. Curtis on 01/11/01 at 1 :59 P.M Page 7 of 11 permitted by the Tex!ls Loc!ll OO'v'ernment Code, ~ 212.071 et. seq,providei:l1hat.aUlm the foll~ing.condijions are satisfied: ill Participation shall complv with Texas Local Government Code & 212.071 et. sea.: ill Developer must submit a reimbursement application. includina all cost- supportina documentation, to the Director of Enaineerino Services/City Enaineer before approval of the construction plans: [ll There shall be no reimbursement unless, before any construction beoins. the reimbursement application and an infrastructure participation aareement have been approved by City Council after certification that the necessarv reimbursement money is fully available as reauired by Texas Constitution, Article 11, & 5 and City Charter. Article IV, & 7: and ill No construction shall beoin until the Director of Enaineerina Services has approved the construction plans. * * * * * SECTION 7. Section V, B.9. of the Platting Ordinance, Ordinance 4168, adopted March 23, 1955, as amended, is amended to read as follows: "SECTION V - REQUIRED IMPROVEMENTS * * * * * "B. MINIMUM Standards. * * * * * "3. STRCCT L101ITG. The subdivider sh!lll bl!. required to I'!ly the City of Corl'us Christi for the cost of providing street lights at all intersections, at midblecl< locations vvi'iere tne distance betl...een intersections exceeds ene ti'iousand (1,000) feet, at abrupt curves, and vwithin ti'ie turn around end of cui-de sacs in excess of tI...e hundreel fifty' (250) feet in length. Ti'ie subdivider sh!lllnet be required to extend electrical service or lighting te !In'y' freevvay or thorougi'ifare !lS defined in the !ldel'ted Corpus Christi Urb!ln Tr!lnsl'ort!ltion rlan !ldj!lcent to the subdivision. Ti'ie City of Corpus Christi shall, through Centr!ll re.....er and Light Company or the apl'rol'ri!lte ffllnchised utility, i'i!lve street lights installed !It the request of the developer, I'rior to !lccel'tance of the improvements within the subdi'./ision fer m!linten!lnce by the City of Corpus Christi. The H:ILEG-DIRINOEMIIDDCURTISIMYDOCS\2001 IP&ZORD01 IPlatting.ordIDoyleCID028340A.WPD Last saved by Doyle D. Curtis on 01/11/01 at 1 :59 P.M Page 8 of 11 developer shalll'ay the City to.o hundred sixty dollars ($200.00) per street light instelled et intersections, et abrupt curves, and et the ends of cui-de secs in excess of t'v.o hundred fifty (2S0) feet in length. A peyment of h.o hundred thirty' dollers ($230.00) shell be 11 ,ede for ell oHler midblock lights. Instellation of said midblock lights !lhell be deferred until property o..ners ebutting these locations petition the City for their instelletion. rayment shell be made prior to ecceptance of the inlprovements within the subdivision for meintenence by the City.; pro.ided, i"io..re'v'er, that such peyment end/or instellation of street Iigi"its required i"iereunder mey be deferred for a period of ti) l1e not to exceed six (0) nlonti"is from date of acceptence of such stlbdi'v'ision by tile City, Ouch deferred payment agreement shall be executed, in v.riting, between the developer end the City prior to or upon ecceptence of ti"ie required subdivision impro.en ,ents by the City. A substentiel copy of said deferred peyment egreement is etteched hereto and mede party i"iereof, as exhibit A. After the effective dete of this ordinence, all subdi'v'isions end re subdi'visions approved by ti"ie rlanning COll1n,ission shall be required to comply hcre..ith. "9. STREET LIGHTS. The subdivision developer shall be reauired to pav for the cost of all street liahtina in residential. commercial. and industrial subdivisions. as outlined below. The developer shall not be re~uired to pay the cost of street liohts alona any arterial or expressway frontaae road except for the local or collector subdivision streets intersectino with the hiaher functional roadwavs. However. the cost of intersection liohtino for anv subdivision street connectina onto any arterial or expressway frontaoe road shall be included in the developer's subdivision street liohtina fee. ~ Residential Subdivisions ilL The developer shall pay for the installation of all subdivision intersection street liahtino and mid block street liohtina as follows: ill At all intersections -- One (1) intersection street liaht shall be installed per intersection. ill Midblock locations -- Midblock street liohtino shall be installed at spacinos not exceedino 500-feet on block lenaths 1.000-feet or oreater (measured from the centerlines of the two intersectino streets), ilill Cul-de-sacs -- One (1) street lioht shall be installed at the end of cul-de-sacs havina depths of 100-feet or areater (measured from centerline of intersectino street to the furthest curb at the rear of the cul-de-sac). (iv) Horizontal curves -- One (1) street liaht shall be installed at any street horizontal H:\LEG-DIRINOEMIIDDCURTISIMYDOCS\2001 IP&ZQRD01 IPlatting .ordIDoyleCID028340A.WPD Last saved by Doyle D. Curtis on 01111/01 at 1:59 P.M Page 9 of 11 curve with a centerline radius with the associated desion speed less than the leoal speed limit on these street. M The City Traffic Enoineer or his desianee shall have the authority to re~uire additional street liohts in a subdivision whenever limited sioht distance or anv other oeometric conditions or potential hazards may create a traffic safety hazard that can be reduced by the installation of a street Iiaht. ill The City Traffic Enoineer or his desianated representative shall determine location of street liohts. ill The City's authorization for installation of the subdivision street lightino shall occur only after the developer has submitted payment for all subdivision street liohtina. ffi The developer's fee for the subdivision street liahtino shall be the full aid-to- construction cost estimated bv the responsible utility franchise for the subdivision proiect. JU Commercial and Industrial Subdivisions ill The same re~uirements shall be maintained for commercial and industrial subdivisions as that for residential subdivisions. ~ Decorative Street Liahtino llL Upon approval by the City's Traffic Enoineerino Division, the developer has the option to install decorative street liahts within a new subdivision of a type which is or can be inventoried and maintained bv the responsible utility franchise under the franchisee's current tariff with the City. aL Developers wishino to use decorative street liohtino shall bear the full aide-to- construction cost of the re~uested installation. After the developer has deposited the reauired subdivision street liohtino fee with the Citv, the Citv shall authorize the utilitv franchise to install the approved decorative Iiahtina system. .Ql.. Only one pole, lamp, and alobe type will be allowed for each subdivision. Q1 Street Liohtino Reouirements in New Subdivisions in Outside City Limit-ET J Area For new subdivision development outside of the Citv Limits within the Citv's ETJ. the street liahtino re~uirements in Subparaoraphs a) and b) (Residential. Commercial. and Industrial Subdivisions) above shall applv. In addition to the re~uirements in Subparaoraphs a) and bl. the subdivision developer shall be responsible for paying the monthly operatino costs of the installed street lioht system to the affected utility until the H:ILEG-DIRINOEMIIDDCURTISIMYDOCS\2001 IP&ZORD01 IPlatting.ordIDoyleCID028340A. WPD Last saved by Doyle P. Curtis on 01/11/01 at 1 :59 P.M. Page 10 of 11 subdivision is annexed bv the City of Corpus Christi. At the time of annexation, the City will authorize the affected utility to bill the City of Corpus Christi for the monthly operatino expenses." SECTION 8. 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. SECTION 9. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIRINOEMIIDDCURTISIMYPOCS\2001 IP&ZORD01 IPlatting.ordIDoyleCID028340A.WPD Last saved by Doyle P. Curtis on 01/11/01 at 1 :59 P.M. Page 11 of 11 That the foregoing o):,dinance was read for the first time and passed to its second reading on this the Lrnaay of Jlit\ULU'lJ\ 2001 by the following vote: Samuel L. Neal, Jr. ~ Rex A. Kinnison . , Melody Cooper Betty Jean Longoria Javier D. Colmenero John Longoria Henry Garrett ~ Mark Scott Dr. Arnold Gonzales That the foregoing ordinance Wf3,S read for the second time and passed finally on this the \ lo*'day of _-rOX\uo..1j' 2001, by the following vote: Samuel L. Neal, Jr i1W' Rex A. Kinnison ~ Javier D. Colmenero OlJt Betty Jean LOngOria~ Melody Coope' Jt- Joho Loo,oc;, ---fJ!; Henry Garrett Mark Scott ~ Dr. Arnold Gonzales 0.1 (f-: PASSED AND APPROVED this the Ilt'day of JD...ItUCLr~ ' 2001, ATTEST: THE CITY O~ORPUS CHRISTI ecreta ry LEGAL FORM APPROVED January 11, 2001 JAMES R. BRAY, JR. CITYATTO~L2u ~~ By: !2ri: 10 Doyle Curtis Senior Assistant City Attorney H:ILEG-DIRINOEMIIDDCURTISIMYDOCSI2001 IP&ZORD01 IPlatting.ordIDoyleCIP028340A. WPD Last saved by Doyle D. Curtis on 01/11/01 at 1 :59 P.M. 024338 FINANCE DEPAR11',E~il o t JAr! 30 Ul Sui PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad# 3703121 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on tl1,. Wnrlrl Wirl,. Wph nn thp Caller-Times Interactive on the 22ND day(s) of ~Corpus 0l1lIIlI .., "...u."..;'.:.} a-ry 22~. No. 0 fl4:i3t NOTICE OF PASSAGE OF ORDINANCE NO. 024338 OrdInance amending the Ptattlng Ordinance regarding the City" participation In streets, perks, and street lighting Infrastructure Improvements; and regarding park dedication and use of monies in the Park Truet Fund. This ordinance was palsad and opprovod by the City COuncil of the City of Carpus Christl on January 18. 2001. 101 _ CIlofll OIly S. QI,lL:; ~of h-Olt 51 ~~ Credit Customer Service Manager Subscribed and sworn to me on the date of JANUARY 23.2001. '.,,9t..~ . ER EXPIRES .2004 Notary Public, Nue ounty, Texas EDNA KOSTER Print or Type Name of Notary Public My commission expires on 11/30/04, .