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HomeMy WebLinkAbout024714 ORD - 12/18/2001 AN ORDINANCE AMENDING SECTION 55-73 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING WATER SERVICE ON MUSTANG AND PADRE ISLANDS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-73 is revised to read as follows: "Sec, 55-73, Showing of availability of service on portions of Padre and Mustang Islands. "(a) All-Except as provided in subsections (cUd). and (e) of this section. all applicants for water service on Padre and Mustang Islands lying between Mustang Island State Park and the Padre Island National Seashore must, prior to receiving such service, in addition to meeting all other requirements of the city's ordinances, show that sewer service is available to the tract to be served or will be made available to the tract simultaneously with the connection to the city water system"; except that existing platted lots may be seFlied by private se"age disposal Systel,.,s constructed in accomance ..'ith the Texas Department of Ilealth Construction Otandards for rrivate Ge"age racilities, pro.ided that such lots are not located in areas of special flood hazard (A zone) as designated in the rederallnsurance Administration nood Ilazam OouneJary Map, and further provided that o..flers of such properties enter into a ..ritten contrlIct '....ith the city agreeing to cemnect to city sewer at such tin1e that city sanitary se'..er service becomes available as pro'v'ided herein, "(b) An existing water customer in the area above described must connect to the sewer system within six (6) months from the time such sewer system is within three hundred (300) feet of any boundary of the property receiving water service, if said sewer system is available through public right-of-way without the necessity of crossing Padre Island Drive. "(c) Subsection (a) does not applv to a lot platted before March 2. 1983. which is served by private sewaae disposal svstems constructed in accordance with the Texas Natural Resource Conservation Commission rules for On-Site Sewaae Facilities. 30 TAC Chapter 285. provided that such lots are not located in areas of special flood hazard (A-zone). as desianated in the Federal Insurance Administration Flood Hazard Boundarv Map. and further provided that owners of such properties enter into a written contract with the citv agreeina to connect to citv sewer at such time that city sanitary sewer service becomes available as provided herein. Rl0618C3,wpd r' !. '1 . 4 ' ." J '../ ~.. J .. .. T" '----...,....._. 2 "(d) Subsection (a) does not applv to a lot platted after November 7.2001. if the owner of the platted lot enters into a written contract with the Citv aareeina to connect to a city sanitary sewer when Citv provided sanitary sewer service is within three hundred (300) feet of anv boundary of the propertv receivina water service and the platted lot is: "(1) Located on the west side of State Highwav 361 between Packerv Channel and Mustana Island State Park: "(2) Laraer than two (2) acres: "(3) Within an "F-R" Farm-Rural or "RE" Residential Estate District: and "(4) Is beina used for a single familv residential dwellina. church. public park. or other public use. "(e) Subsection (a) does not apply to a lot platted after November 7.2001, if the owner of the platted lot enters into a written contract with the Citv aareeina to connect to a city sanitary sewer when a citv sanitary sewer service is within three hundred (300) feet of anv boundary of the propertv receivina water service and the platted lot is: "(1) Located on the east side of Park Road 22 between Nueces Countv Padre Bali Park and the boundary line between Nueces and Klebera Counties: "(2) Laraer than two (2) acres: "(3) Within an "F-R" Farm-Rural. "RE" Residential Estate. or "AT" Apartment- Tourist District: and "(4) Is beina used for a single familv residential dwellina. church. public park. or other public use, "(f) Water service shall be made available to a lot platted after November 7.2001. to the owner of the platted lot. without a showina that sewer service is available to the lot. if the lot is: "(1) Located on the east side of State Highwav 361 between the Mustana Island State Park and the Nueces Water Control and Improvement District #4 water tank facilitv: "(2) Laraer than one (1) acre: and "(3) Is beina used for a public use." R10618C3.wpd 11 T 1 '-"-'^-.,...--~_.~--'--._"- 3 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. SECTION 3, 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. Rl0618C3,wpd .. ? 4 That the foregoing orqi~~e was Zfor the first ti~ and passed to its second reading on this the ~ Clay of CO .f"YI. t;lo 2001, by the following vote: Samuel L Neal, Jr. Rex A. Kinnison ~ Brent Chesney John Longoria ~~ Javier D. Colmenero Henry Garrett Bill Kelly Jesse Noyola Mark Scott That the foregoing rdinance was'read for the second time and passed finally on this the \~~ay of \ II ~ ,2001 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly PASSED AND APPROVED, this the ATTESI1 CJ.LJt Arman~o ~~O City Secretary APPROVED: 6th day of December, 2001: James R. Bray, Jr. C;ty Att~ By: ~ R. Y inln First Assistant City Attorney Rl0618C3.wpd 11 r Rex A. Kinnison ~ John Longoria Jesse Noyola Mark Scott 111 '\'\ . I't) day of -J)~LL(\'\..t).U0 ,2001, _d.~~ &;muel i? ai, Jr. Mayor r ~"\ :' "'1 4 ' , " J ... .f' ,.~~.... I fiNANCE DE?AfnMEh1 02 -'Mol II AM 9: 4 I PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 4044301 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 the World Wide Web on the Caller-Times Interactive on the 24TH day(s) of DECEMBER. 2001. Ovrl, No. o~q1(+ TWO 12 ) Time(s) ./) n.. -"7 .:> ~ tomer Service Man ger . '. .. .. MondaY l)e08IIlber 24, 2001 " c""",(:II\lllr.Ti~. ' ~. ,.. Subscribed and sworn to me on the date of ,NOTICE OF PMSAGE I OF ORDINANCE NO. DECEMBER 25.2001. 024114 Ordinance amending Section 55.73 of the Code of Ordinances, . City of > Corpus Christi, ,,> regarding . water ... selVice on MUBtang , and Padra Islands. This ordinance was passed and approved by the City CoUncU of i tho CI1y of Corpus' ChrIIU on December ...., 18,2001. IoIA_~ ClIy --.y City of Corpus Chl1ett Q?cf);w ~ ~it.mp/V Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. -