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HomeMy WebLinkAbout025960 ORD - 09/21/2004AN ORDINANCE AMENDING THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY REVISING SECTION III. I. 3. 0, AND SECTION V.B. 11. c) 4),REMOVlNG THE REQUIREMENT FOR TEXAS GENERAL LAND OFFICE WRITTEN APPROVAL OF STATE BOUNDARY DETERMINATION OF STATE OWNED SUBMERGED LANDS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Platting Ordinance of the City of Corpus Chdsti; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 25, 2004, during a meeting of the Planning Commission, the first reading was on Tuesday, August 31, 2004, and a public hearing and second reading was held on Tuesday, September 21, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this 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; SECTION 1. That Section III. I. 3. f) of the Platting Ordinance of the City of Corpus Christi is revised to read as follows: III. I. 3. f) The boundary line of any submerged lands belonging to the State of Texas that adjoins the tract, based on a State approved determination of the boundary between the State-owned lands and privately owned property under Section V. B. 11. (c) (4). SECTION 2. That Section V. B. 11. c) 4) of the Platting Ordinance of the City of Corpus Christi is revised to read as follows: V. B. 11. c) (4) All plats of land that border on submerged lands belonging to the State of Texas must have a State approved determination of the boundary between the State-owned land and privately owned property by a Licensed State Land Survevor in compliance with the Professional Survevinci Act and State General Land Office criteria. The boundary line must be shown on the final plat with the date of the survev. H:~LEG-DIR~3oseph\Ord-Plat-G LOLtr.doc B. 11. c) B. 11. c) (4) (i) The plat shall have a certification bv a Licensed State Land Surveyor for the water boundary portion of the plat. (4) (ii) The Plat shall have the followinq notes: "The (shoreline or qradient line), as shown on this plat represents its location on (date of survey). This line is affected by natural events and has potential for movement or relocation. As this line may move, title to the land on either side of said line may chanqe. "The (shoreline or ~radient line), as shown on this plat constitutes the boundary between the upland owner and the (submerqed lands or riverbed) owned by the State of Texas. Planned development alonq or across thin line may be subject to review and approval or permittinci by the Texas General Land Office. "An updated determination of the boundary between the State-owned land and privately owned property is required at the time of a Buildin¢l Permit or replat." SECTION 3. 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 4. 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-DIRX_loseph\Ord-Plat-GLOLtr.doc That the foregoing ordinance was read..f. Qr the first time and passed to its second reading on this the ~ 15' day of ~..~ ~.kY~.-vJ- , 2004, by the following vote: U Samuel L. Neal, Jr. ~.~..~.~ Bill Kelly ~ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance_was read for the second time and passed finally on this the ,~/-(~' day of____~'~t'~g'~- , 2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary to legal form 4,.L,,.,/~ 7-4, Approved as By: Josep H~ame¢ ~-~/' Assistant City Attorn~-/ For City Attorney Bill Kelly (~.~., Rex A. Kinnison Jesse Noyola Mark Scott <~l ~'q day of &-~d,'hJ~_, 2004. CITY OF CORPUS CHRISTI Mayor ,2004; H:\LEG-D1R~Joseph\Ord-Plat-GLOLtr.doc County of Nueccs PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5012991 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 ManaKer 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 Time$ and on the World Wide Web on the CallerTirnes Interactive on the 27TH day(s) of SEPTEMBER, 2004. $75.50 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 28, 2004. Notary Public, Nueces County, Texas ROSA MAR1A FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus OhdstJ Caller-TIrne~, Mor~a~,, Septen~ber 27, 2004