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Home My WebLink About032006 ORD - 01/28/2020 Ordinance amending Corpus Christi Code of Ordinances to add Section 49-15 authorizing execution of easement encroachment licenses as an administrative remedy WHEREAS, under current regulations, the remedy for property owners whom accidently encroach on City easements is to remove the encroachment or request the City to abandon the easement, or portion thereof; WHEREAS, easement encroachment license provides an alternative administrative remedy which can be a more equitable and efficient resolution of encroachment on City easements; and WHEREAS, an easement encroachment license that is terminable at any time by the City does not constitute an alienation or lease of City property pursuant to Corpus Christi City Charter Article IX. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinances, Chapter 49 is amended by adding the following language as delineated below: Sec. 49-15. — Easement Encroachment License. (a) Any person that has erected, constructed or maintains an encroachment structure on a City easement may obtain an easement encroachment license therefor. An easement encroachment license may be obtained by filing a written application with the department of development services. The application shall state the name and address of the owner of the adjacent real property benefited by the encroachment and shall be accompanied by a legal description of the adjacent real property benefited by the encroachment, a one-sheet plot plan illustrating the encroaching structure and a written justification as to the need for the encroachment. (b) Each applicant for an encroachment license shall, at the time of filing the application, pay a nonrefundable application fee of$530. (c) Easement Encroachment License may be granted by the City Manager or designee where with the following criteria apply: (1) the encroachment will not be detrimental to the health, safety or welfare of the community or the surrounding property; (2) the encroachment will not interfere with access to any public place; (3) the encroachment does not require the relocation of public or franchise utilities and said utilities have no objections to the encroachment; (4) all erected structures or improvements are in compliance with Unified Development Code and building code standards; and 032006 SCANNED (5) the encroachment is less than 1/3 of the total width of the easement. (d) If the City Manager or designee finds that the encroachment meets the criteria in subsection c, they shall approve the application. If the proposed encroachment does not meet each of the criteria set out in subsection c, the City Manager or designee shall deny the license, giving their reasons in writing. (e) Requests for an Easement Encroachment License that do not meet the criteria of subsection c may be granted by City Council. (f) If at any time it is determined by the City Manager or designee that the encroachment structure has become detrimental to the health, safety or welfare of the community or the surrounding property, interferes with access to any public place, or if a public works project or development requires removal of the encroachment, the encroachment license granted hereunder shall be revoked by the City Manager or designee upon providing the licensee thirty days' notice thereof. (g) Encroachment licenses shall run with the Property and be recorded in the real property records of Nueces County, Texas. (h) No encroachment licensed under this ordinance is intended to grant any permanent right or title to all or any portion of an easement, or other City property and does not constitute alienation of the City's property right. SECTION 2. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 4. This ordinance is effective immediately upon final passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the ) -day of , 2020, by the following vote: 4-7- Joe McComb Michael Hunter /,e � Roland Barrera ()1 Ben Molina `` Rudy Garza 47-- Everett Roy t ,, Paulette M. Guajardo !! ,e_ Greg Smith 6, 47 Gil Hernandez Y That the foregong ordinance was read for the second time and passed finally on this the n2Dday of jarya2020, by the following vote: Joe McComb -- Michael Hunter 4y Q Roland Barrera A� Ben Molina /4-7.q.... Rudy Garza Everett Roy AM Paulette M. Guajardo 47� Greg Smith Gil Hernandez Azi1 PASSED AND APPROVED on this the ,-20-day of J a►\ ✓ail , 2020. ATTEST: R•z1,(04L-i--(e-A--a7,1-7., vvt. if...-e-yvtie" Rebecca Huerta Joy cComb City Secretary M. . 032006 „yUS Com` Ir1 CITY OF CORPUS CHRISTI vehdr CERTIFICATION OF PUBLIC RECORD 1852 THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 032006, passed and approved by the Corpus Christi City Council on January 28, 2020 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 11th day of February, 2020. Re ecca Huerta ” - City Secretary • • ° ;;y Corpus Christi, Texas • City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3105 SCANNED rebeccah@cctexas.com • Nueces County Kara Sands Nueces County Clerk *VG-57-2020-2020008648* Instrument Number: 2020008648 Official Public Records CERTIFIED COPY Recorded On: February 26, 2020 03:12 PM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $23.00 STATE OF TEXAS Fe"Y Cop4I,1, Nueces County * ,f* *01, I hereby certify that this Instrument was filed in the File Number sequence on the date/time •c, j0— „,i printed hereon,and was duly recorded in the Official Records of Nueces County,Texas %G rigai S '�``= Kara Sands Nueces County Clerk Nueces County, TXT ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2020008648 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20200226000164 2406 LEOPARD STREET Recorded Date/Time: February 26, 2020 03:12 PM User: Maria H CORPUS CHRISTI TX 78408 Station: CLERK03 Caller TiIT1eSANCE DEPARTMENT PART OF THE USA TODAY NETWORK 2020 FEB 14 PM 3: 30 Certificate of Publication NOTICE OF PASSAGE OF NOTICE OF PASSAGE OF ORDINANCE(S) ORDINANCE(S) rez 032001, Ordinance or CITY OF CORPUS CHRIS TI -SECRETARY NO. 032001, Ordinance neeaarr 2g property athe Kleberg Place from rezoning property at or n PO BOX 9277 near 221 Kleberg Place the "CR-1" Resort from the "CR-1" Resort Commercial District to the Commercial District to the "CR-3" Resort Commercial CORPUS CHRISTI, TX 78401 "CR-3" Resort Commercial District. District. NO. 032002, Ordinance NO. 032002, Ordinance rezoning property at or rezoning property at or near 202, 229, and 230 near 202, 229, and 23C Kleberg Place from the STATE OF WISCONSIN) Kleberg Place from the "RM-AT" Multifamily AT )) "RM-AT" Multifamily AT District to the "CR-3" Re- sort to the "CR-3" Re- sort Commercial District. COUNTY OF BROWN) sort Commercial District. NO. 032003, Ordinance NO. 032003, Ordinance rezoning property at or rezoning property at or near 6734 Saratoga Boule- I,being first duly sworn,upon oath depose and say that I near 6734 Saratoga Boule- yard (State Highway 357) am a legal clerk and employee of the publisher,namely,the yard (State Highway 357) from the "RS-6" Single- from the "RS-6" Single- Family 6 District to the Corpus Christi Caller-Times,a daily newspaper published Family 6 District to the "CG-2" General at Corpus Christi in said City and State,generally circulated "CG-2" General Commercial District. Commercial District. NO. 032006, Ordinance in Aransas,Bee, Brooks, Duval, Jim Hogg,Jim Wells, NO. 032006, Ordinance amending Corpus Christi Kleberg,Live Oak, Nueces,Refugio,and San Patricio, amending Corpus Christi Code of Ordinances to add Code of Ordinances to add Section 49-15 authorizing Counties,and that the publication of which the annexed is a Section 49-15 authorizing execution of easement en- true copy,was inserted in the Corpus Christi Caller-Times execution of easement en- croachment licenses as an croachment licenses as an administrative remedy and on the following dates: administrative remedy and providing for an effective providing for an effective date of January 28,2020. date of January 28,2020. These ordinances were These ordinances were passed on February 3,2020 passed and approved on second and read ngproved the second reading by the Corpus Christi City Council Corpus Christi City Council On this February3,2020, I certifythat the attached on January 28,2020. on January 28, 2020. /s/Rebecca Huerta /s/Rebecca Huerta document is a true and exact copy made by the publisher: City Secretary City Secretary v Legal Notice Cle i Notary Public a of Wisc.._in,County of Brown 515.43 Notary Expires Publication Cost: $199.00 -,..,......- -..m... Ad No: 0004030907 Customer No: 1490432 NANCY HEYRMAN PO#: NO032001 Notary Public #ofAffidavitsl State of Wisconsin This is not an invoice