HomeMy WebLinkAbout024338 ORD - 01/16/2001
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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;
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024338
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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.;
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* * * * *
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:
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"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."
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* * * * *
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.
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* * * * *
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
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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
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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
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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
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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.
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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
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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,
.