HomeMy WebLinkAbout025816 ORD - 07/13/2004AN ORDINANCE
REVISING SECTIONS 49-12 AND 49-13, CODE OF ORDINANCES,
ELIMINATING THE REQUIREMENT FOR A REPLAT UPON
CLOSURE OR ALTERATION OF A STREET OR AN EASEMENT;
PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION I. Section 49-12, Code of Ordinances, is revised to read as follows:
"Section 49-12. Petition to council to establish or close streets, etc.
(a)
All persons desiring to have the city council exercise its powers under section 6
1 of Article IX of the Charter, regarding the establishment or closing of public
streets, alleys, or other public ways, shall file their request with the city enginccr,
Director of Development Services, in writing, directed to the city council. Such
request shall contain an accurate description of the street, or portion thereof,
desired to be opened, closed or altered, as the case may be and attached to
such request shall be a list of all owners of property abutting the street or alley
and within four hundred fifty (450) feet therefrom, together with the last known
address of all such owners. Unless all such owners of abutting property join in
the request, a statement shall be attached to the request showing the reason for
nonparticipation of those who have not signed the request.
All qrants of establishment or closinq of public streets, allevs, or other public
wavs must be recorded in the real property records of the countv in which the
property is located. Prior to permittinq any construction on the land, an up-to-
date survey, abstracted for all streets, alleys or public wavs and items of record
must be submitted to the Director of Development Services.
(e)
Upon the establishment1 closure or alteration of any public ctroct, under the
tcrms of this section, the applicant shall be requirod to apply for a replat of tho
affected propcrties so that the plat of the affected propcrtics so that the plat shall
accurately reflect the rcviscd subdivision of the property."
SECTION 2. Section 49-13, Code of Ordinances, is revised to read as follows:
"Sec. 49-13. Request for closing or abandonment of easement,
(a) All persons desiring to have the city council close or abandon an easement shall file
their request with the city engineer, Director of Development Services, in writing,
directed to city council. Such request shall contain an accurate description of the
easements, or portions thereof, desired to be closed or abandoned. Ali qrants of
easement or closure of the same must be recorded in the real properh, records of the
county in which the properW is located. Prior to permittinq an,/construction on the land,
an up-to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
(b) Upon filing of such request, as provided in this section, an application fee shall be
made with the city engineer Director of Development Services of the sum of five
hundred dollars ($500.00) to cover the costs of processing the request.
(c) Upon the closure or alteration of any easement under the terms of this c, oction, the
applicant shall be required to apply for the replat of the affected properties so that thc
plat records accurately reflect the revised subdivision of the property."
SECTION 3. If, for any reason1 any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it will not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of the City Council that every section, paragraph, subdivision, phrase, word, and
provision of this Ordinance be given full force and effect for its purpose.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by City Charter of the City of Corpus Chdsti.
SECTION 5. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration of and voting upon ordinances at
two regular meetings so that this ordinance is passed and takes effect upon first reading
as an emergency measure on this 13th day of July, 2004.
A'I-rEST:
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM:
Mary K~r-Fisch~t
City AttOrney"
CITY OF CORPUS CHRISTI
· Neal, Jr~
Mayor
,2O04
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings; lANe, therefore, request that you
suspend the Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal,
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Uoyola
Mark Scott
[: iH[d~CE DEi:'hl~ ~Et: ~'~, PUBLISHER'S AFFIDAVIT
Ot,,JUt23 9:51
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad# 4951632
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
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, Duvai, 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 19TH day(s} of JULY, 2004.
$61.75
TWO (2) Time(s)
Credit Manager
Subscribed and sworn to me on the date of
JULY 20, 2004.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Corpus Christi Caller-~mes
Monday, July 19, 2004/139
NO;F~CE OF PASSAGE
OF ORDINANCE NO.
025816
Ordinance revising
13, Code
Ordinances,
mclulm~nent Io~ a repot
I upon closure or
aJtera~on of a street or
~:ll~mce wa~ pa~sed
City Coundl of the
July 13, 2004,
City Secrelary
C~y ot Comu~ Ch~