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HomeMy WebLinkAbout026799 ORD - 05/30/2006Page 1 of 5 AN ORDINANCE AMENDING THE PLATTING ORDINANCE BY ADDING THE AUTHORITY TO DELEGATE DUTIES UNDER THE PLATTING ORDINANCE AND SPECIFYING AUTHORITY FOR SIGNING PLATS BY A PROFESSIONAL ENGINEER EMPLOYED BY THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section I "General," of the Platting Ordinance of the City of Corpus Christi, Texas, is amended by adding a new subsection D "Delegation of authority," which shall read as follows: SECTION I — GENERAL I. D. Delegation of authority. Whenever a section of this Ordinance requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the act or duty, unless the terms of the section specifically provide otherwise. SECTION 2. That Subsection H "Final Plat," of Section III "Procedure," of the Platting Ordinance of the City of Corpus Christi. Texas, is amended to read as follows: SECTION III — Procedure III. H. Final Plat: * k) (1) STATE OF TEXAS COUNTY OF NUECES This final plat of the herein described property approved by the Development Engineering Services Engineer of the City of Corpus Christi, Texas. This the day of , 20 . Development Services Engineer H \LEG -DIR\ Shared \GaryS \agenda \2006 \05- 23`Plat approval.doc O2799 Page 2 of 5 5. Upon approval of a final plat. the applicant shall acknowledge all required improvements as specified by this ordinance and found applicable by the Planning Commission. The Director of Development Engineering ServicesiGity- Engineer shall not endorse the final plat until seventy -five percent (75 %) of the required improvements are in place, and in compliance with Section V, Paragraph A, Subparagraph 3.a) or until security for the construction of the improvements has been provided in compliance with Section V, Paragraph A, Subparagraph 3.b) or until payment in lieu of the construction of a half street or payment for the half street and related infrastructure improvements has been received in accordance with Section IV, Paragraph A, Subparagraph 12. The Chairman and the Secretary of the Planning Commission are authorized to endorse such final plat as approved and allow said plat to be recorded with the County Clerk of the appropriate county jurisdiction. All required fees shall be paid prior to recordation. SECTION 3. That Subsection A "Streets," of Section IV "Design Standards," of the Platting Ordinance of the City of Corpus Christi, Texas, is amended to read as follows: SECTION IV — Design Standards IV. A. Streets: IV. A. 12. c) (3) The deposit of the City, if any, and the deposit of the subdivider shall be in an amount as determined by the City Council and shall be posted to the Infrastructure Trust Fund prior to the Director of Development Engineering Servicesf #y Engineer signing the plat; * * SECTION 4. That Subsection A "General," of Section V "Required Improvements," of the Platting Ordinance of the City of Corpus Christi, Texas, is amended to read as follows H \ LEG -DI R\ Shared \GaryS \agenda`2006 \05 -23 \Plat approval.doc Page 3 of 5 SECTION V — Required Improvements V. A. General: a) (1) The developer shall submit to the Director of Development Engineehfrg Services/City- Engineer a sworn affidavit requesting approval of the plat by the Dircctor of Development Engineering Services /City Engineer and agreeing to complete the required public improvements in accordance with such plans to the satisfaction of the Director of Engineering Services /City Engineer prior to any occupancy of any building within the subdivision, and agreeing that temporary utility service prior to completion of the improvements may be terminated by the City with 24- hour notice if required public improvements are not completed within ninety (90) days of recording the plat or replat; * * c) The Dircctor of Development Erg- Services /City Engineer shall accept cash in lieu of construction of a half street or cash in lieu of both a half street and either or both of its related water and sanitary sewer infrastructure improvements, if the Planning Commission has approved the plat containing the half street in accordance with Section IV.A 12 and he may sign the plat if the requirements of Section IV.A.12 have been met and the Director of Engineering Services /City Engineer he finds, within his /her sole discretion, that seventy- five(75 %) of the remaining required public improvements for water, sewer, streets and drainage as set forth on plans previously approved by the Dircctor of Engineering Development Services/City Engineer have been completed. SECTION 5. 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, -1 1LEG -DIR1 Snared \GaryS\agenda12006\05- 231PIat approval.doc Page 4 of 5 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 of this ordinance be given full force and effect for its purpose. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That 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. SECTION 8. This ordinance shall take effect upon and after publication of this ordinance. EFFECTIVE DATE (v(5/6(a LEG -DI R\ Shared \GaryS\agenda12 0 0610 5- 2 3`,Plat approval.doc Page 5 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _2-3/4day of Jti•- , 2006, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott That the foregoing ordi ance was read for the second time and passed finally on this the 9O'?day of ' Y 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott PASSED AND APPROVED, this the 3LY day of , 2006. ATTE$.j CITY • ORPUS CHRISTI, TEXAS Armando Chapa City Secretary APPROVED: May 17, 2006. jizzikau ary. Smith Assistant City Attorney for City Attorney H \LEG -DI R\ Shared \GaryS\agenda'2006105- 231PIat approval.doc Hen . arrett Mayor Oar. ^99 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5495310 PO # Before me. the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative 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 oI, 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 or the Caller -Times Interactive on the 5TH day(s) of JUNE, 2006. $ 103.48 MICHELLE JOYCE CABRERA COMMISS' `N EXPIRE March 4, 2008 Cfleti-Letcet, Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. 10F OF a of A 026799 O the the authority th and spool authorfty plats by ap engineer ®vCity; erabiiity Providing a clause; and for an effect** This oodnance was pied and applOved by the City the City of Chripti on its residing on May 3` fa/ Anrt p City City of Corpus C@ri