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HomeMy WebLinkAbout11139 ORD - 11/01/1972•JRR:e:10 /25/72 2nd AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY REPEAL OF ARTICLE XI, EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREAS (CORPUS CHRISTI CUMULATIVE SUPPLEMENT) OF CHAPTER 38 OF SAID CODE AND ORDAINING IN LIEU THEREOF A NEW ARTICLE XI, EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREAS (O.C.L.); REQUIRING PLATTING OF PROPERTY TO BE SERVED O.C.L.; PROVIDING FOR CONTRACT OF ANNEXATION AS PREREQUISITE, WITH SPECIAL CONDITIONS FOR TRACT IN EXCESS OF FIVE (5) ACRES DEVOTED EXCLUSIVELY TO PORT OF CORPUS CHRISTI CARGO GENERATION OR DISTRIBUTION AND FOR TRACT DEVOTED TO AGRICULTURAL USE ONLY; REQUIRING COUNCIL APPROVAL OF ALL SUCH CONTRACTS; PROVIDING WATER SERVICE TO O.C.L. AREAS FROM MAINS EXISTING AS OF FEBRUARY 16, 1972, TO PROPERTY PLATTED AS OF THAT DATE; PROVIDING SPECIAL CONDITIONS IN CERTAIN AREAS; AND PROVIDING SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 511; +:b'� SECTION 1. Article XI, Extension of Water System to Outside Corporate Limit Areas, of Chapter 38, Corpus Christi City Code, 1958, as amended, is hereby repealed. SECTION 2. in lieu of said former Article XI, the following provisions, to be captioned as Article XI, Extension of Water System to Outside Corporate Limit Areas, in Chapter 38, of said Code, are hereby adopted: "ARTICLE XI Extension of Water System to Outside Corporate Limit Areas. "Sec. 38 -61. Every lot, parcel or tract of land outside of the city limits for which application for water service is made to the City must be platted in accordance with the Platting Ordinance of the City and the final plat thereof duly filed in the Nueces County Plat Records, or in the Plat Records of any other county where the said property, whether lot, parcel or tract, lies, if not within Nueces County. "Section 38 -62A. If any portion of the property aforesaid lies more than three hundred (300) feet beyond the corporate limits of the City of Corpus Christi, prior to delivery of City water to any part of such property or to any water line, water main, or related facility thereon, it is further mandatory that a written contract between the City and all owners of such property be entered into whereby said owners agree to ;1139 P construct all improvements on such property in accordance and compliance with the City of Corpus Christi Southern Standard Building Code, 1969 Edition, 1971 Revision, as amended, the City of Corpus Christi Southern Standard Plumbing Code, 1967 Edition (Ord. No. 9624) 1971 Revision, as amended, the City of Corpus Christi Southern Standard Gas Code, 1965 Edition, as revised and amended, the National Electrical Code, 1971, as amended, the Corpus Christi Electrical Code (Ord. No. 10832), as amended, the City Fire Prevention Code, 1965 Edition (American Insurance Association), as amended, all lawfully adopted Departmental rules and regulations appli- cable thereto, and such other regulations and requirements as the City Council may deem necessary and lawfully enforce relative thereto, and such owners shall consent by said contract to inspections of all such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes. Every such executed'contract shall be • filed with the City Secretary prior to delivery of water by the City and filed of record in the County Deed Records by the owner(s). As to any improvement the applicable Codes shall be those in effect at the time of commencement of such improvement. Provided, however, that such contract shall not be required wherever such property to be served is in excess of five (5) acres and is devoted exclusively to the direct production, manufacture, processing or distribution of cargo shipped or to be shipped through the Port of Corpus Christi, unless less than five (5) acres of such property is thus devoted or such use of the property is materially changed, as solely and finally determined by the City Council, in which event the owners, their successors or assigns, shall be required to enter into such contract within thirty (30) days upon such terms and conditions as the City Council may specify to bring any existing improvements on said property into compliance with the said Codes within such period of time as the City Council deems practicable. In the event such contract is not made within said thirty (30) days City water service may be terminated by order of the City Council. "Section 38 -62B. If any portion of the property aforesaid lies within three hundred (300) feet beyond the corporate limits of the City of Corpus Christi, or partly within and partly without said three hundred (300) -foot line, prior to delivery'of City water to any part of such property -2- • • or to any water line, water main, or related facility, it is mandatory that a contract of annexation between the City and all owners of such property and of any easement or right of way required by the City connecting to such property, including the terms and conditions for extension and maintenance of water service, be executed by all parties for the annexation to the City of all such property. Every such executed contract shall be filed with the City Secretary prior to delivery of water by the City. "Provided, however, that such contract shall not be required wherever such property to be served is in excess of five (5) acres and is devoted to the direct production, manufacture, processing or distribution of cargo shipped or to be shipped through the Port of Corpus Christi, unless less than five (5) acres of such property is thus devoted or such use of the property is materially changed, as solely and finally determined by the City Council, in which event the owners, their successors'or assigns, shall be required to enter-'into such contract within thirty (30) days upon such terms and conditions as the City Council may specify to bring any existing improve- ments on said property into compliance with the said Codes within such period of time as the City Council deems practicable. As to any improvement the applicable Codes shall be those in effect at the time of commencement of such improvement. In the event such contract is not made within said thirty (30) days City water service may be terminated by order of the City Council. "Sec. 38 -63. Where the said property is to be used for agricultural purposes only, as a prerequisite to water service the owner shall file with the City secretary a covenant running with the land binding successors and assigns, guaranteeing that, in the event such agricultural use is substantially discontinued for nine (9) months, less the time such property is subjected to a natural disaster, if any, such service shall be terminated and the use of City water on such property shall be discontinued. Such covenant shall like- wise be recorded in the Deed Records of the county within which the majority of the area of such property is situated. "Sec. 38 -64. Each contract for water service outside the city limits must receive approval by the City Council before the contract can become effective. -3- • "Sec. 38 -65. Water service to areas outside the city limits may be provided from mains existing as of February 16, 1972 to property platted as of that date. No other water service will be provided outside the city limits after said date except in compliance with this Article XI. "Sec. 38 -66. Whenever the City Manager certifies to the City Council that a pending application for water service outside the city limits presents characteristics of service, terrain, location, or area creating unusual service features the City Council shall specify the terms and conditions of a special contract for service, if it votes to consider such application." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be held invalid by final judgment of a court of competent jurisdiction, it shall not affect any valid provisions of this or any other ordinance-of the City of Corpus Christi to which-these rules and regulations relate. THAT THE FOREGOING ORDINANCE WAS READ FO T E FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE Rau DAY OF l9.ZZ , BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ - REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK L1.4J THAT THE FOREGOING ORDINANCE WAS READ R TH SECOND TIME AND PASSEL} TO ITS THIRD READING ON THIS THE L!j9j, DAY OF�' j9 %Z/ BY THE FOLLOWING VOTE: - BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ ' REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO� SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE�DAY OF-/Lp7}aryt� 19Z, BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS T ATTEST: r✓ ITY SECRETARY APPROVED � -Di OF CI Y.�ATTORNEY OFL • 19Z• O THE CITY OF CgWJA CHRISTI, TEXAS Motion to amend an ordinance passed on its first reading February 23, 1972, to delete Section 38 -62 of Article XI, Extension of Water System to Outside Corporate Limit Areas of Section 2 of said ordinance so that it will hereafter read: Section 38 -62. Prior to delivery of City water to any part of such property or to any water line, main or related facility, it- is further mandatory that a contract between the City and the owner (a) of such property be entered into whereby the owner (s) agree to con- struct all improvements on such property in accordance with the building, plumbing, electrical, fire prevention, building standards codes and ordinances, and such other regulations and requirements as the City Council may deem necessary and lawfully enforce, and agree to the inspection of all such construction by the appropriate City depart- ment; provided, however, that such a contract shall not be required wherever such property to be served is devoted to the production, manu- facture, or processing of products shipped or capable of being shipped through the Port of Corpus Christi, unless the use of the acreage is changed, in which event the owner or owners, their successors or assigns, shall be required to enter into such a contract within thirty (30) days, upon terms and conditions specified by the City for the continuance of the water service privilege, or the City shall terminate such service. Every such executed contract shall be filed with the City Secretary prior to commencement of water service. JRR:jkh:2 -15 -72 TEXAS: AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY REPEAL OF ARTICLE XI. EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREAS (CORPUS CHRISTI CUMULATIVE SUPPLEMENT) OF CHAPTER 38 OF SAID CODE AND ORDAINING IN LIEU THEREOF A NEW ARTICLE XI. EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREAS (O.C.L.); REQUIRING PLATTING OF PROPERTY TO BE SERVED O.C.L.; PROVIDING FOR CONTRACT OF ANNEXATION AS PREREQUISITE, WITH SPECIAL CONDITIONS FOR TRACT IN EXCESS OF FIVE (5) ACRES DEVOTED EXCLUSIVELY TO PORT OF CORPUS CHRISTI CARGO GENERATION OR DISTRIBUTION AND FOR TRACT DEVOTED TO AGRICULTURAL USE ONLY; REQUIRING COUNCIL APPROVAL OF ALL SUCH CONTRACTS; PROVIDING WATER SERVICE TO O.C.L. AREAS FROM MAINS EXISTING AS OF FEBRUARY 16, 1972 TO PROPERTY PLATTED AS OF THAT DATE; PROVIDING SPECIAL CONDITIONS IN CERTAIN AREAS; AND PROVIDING SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. Article XI, Extension of Water System to Outside Corporate Limit Areas, of Chapter 38, Corpus Christi City Code, 1958, as amended, is hereby repealed. SECTION 2. In lieu of said former Article XI, the following provisions, to be captioned as Article XI, Extension of Water System to Outside Corporate Limit Areas, in Chapter 38, of said Code, are hereby adopted: "ARTICLE XI Extension of Water System to Outside Corporate Limit Areas. "Sec. 38 -61. Every lot, parcel or tract of land outside of the city limits for which application for water service is made to the City must be platted in accordance with the Platting Ordinance of the City and the final plat thereof duly filed-in the Nueces County Plat Records, or in the Plat Records of any other county where the said property, whether lot, parcel or tract, lies, if not within Nueces County. "Sec. 38 -62. Prior to delivery of City water to any part of such property or to any water line, main or related facility, it is further mandatory that a contract of annexation between the City and the ow- -aer(s) of such property and of any easement or right of way required by the City connecting to such property, including the terms and conditions for extension 1- JRR:e:10' /25/72, - 2nd Notion to amend an ordinance passed on its second reading April 19, 1972, to delete Section 38 -62 of Article X1, Eri:ension of VaLer System to Outside Corporate Limit Areas of Section 2 of said ordinance so that it will hereafter read as follows: "Section 38 -62A. If any portion of the property aforesaid lies more than three hundred (300) feet beyond the corporate limits of the City of Corpus Christi, prior to delivery of City water to any part of such property or to any water line, water main, or related facility thereon, it is further mandatory that a written contract between the City and all owners of such property be entered into whereby said owners agree to construct all improvements on such property in accordance and compliance with the City of Corpus Christi Southern Standard Building Code, 1969 Edition, 1971 Revision, as amended, the City of Corpus Christi Southern Standard Plumbing Code, 1967 Edition (Ord. No. 9629) 1971 Revision, as amended, the City of Corpus Christi Southern Standard Gas Code, 1965 Edition, as revised and amended, the National Electrical Code, 1971, as amended, the Corpus Christi Electrical Code (Ord. No. 10832), as amended, the City Fire Prevention Code, 1965 Edition (American Insurance Association), as amended, all lawfully adopted Departmental rules and regulations appli- cable thereto, and such other regulations and requirements as the City Council may deem necessary and lawfully enforce relative thereto, and such owners shall consent by said contract to inspections of all such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes. Every such executed contract shall be filed with the City Secretary prior to delivery of water by the City and filed of record in the County Deed Records by the owner(s). As to any improvement the applicable Codes shall be those in effect at the time of commencement of such improvement. Provided, however, that such contract shall not be required wherever such property to be served is in excess of five (5) acres and is devoted exclusively to the direct production, manufacture, processing or distribution of cargo shipped or to be shipped through the Port of Corpus Christi, unless less than five (5) acres of such property is thus devoted or such use of the property is materially changed, as solely and finally determined by the City Council, in which event the owners, their successors or assigns, shall be required to enter into such contract within thirty (30) days upon such terms and conditions as the City Council may specify to bring any existing improvements on said property into compliance with the said Codes within such period of time as the City Council deems practicable. In the event such contract is not made within said thirty (30) days City water service may be terminated by order of the City Council. "Section 38 -62H. If any portion of the property aforesaid lies within three hundred (300) feet beyond the corporate limits of the City of Corpus Christi, or partly within and partly without said three hundred (300) -foot line, prior to delivery of City water to any part of such property or to any water line, water main, or related facility, it is mandatory that a contract of annexation between the City and all owners of such property and of any easement or right of way required by the City connecting to such property, including the terms and conditions for extension and maintenance of water service, be executed by all parties for the annexation to the City of all such property. Every such executed contract shall be filed with the City Secretary prior to delivery of water by the City. "Provided, however, that such contract shall not be required wherever such property to be served is in excess of five (5) acres and is devoted to the direct production, manufacture, processing or distribution of cargo shipped or to be shipped through the Port of Corpus Christi, unless less than five (5) acres of such property is thus devoted or such use of the property is materially changed, as solely and finally determined by the City Council, in which event the owners, their successors or assigns, shall be required to enter into such contract within thirty (30) days upon such terms and conditions as the City Council may specify to bring any existing improve- ments on said property into compliance with the said Codes within such period of time as the City Council deems practicable. As to any improvement the applicable Codes shall be those in effect at the time of commencement of such improvement. In the event such contract is not made within said thirty (30) days City water service may be terminated by order of the City Council." a and maintenance of water service, be executed by all partiesfor the annexa- tion to the City of all such property; provided, however, such annexation shall not be required as a prerequisite of water service wherever such property to be served is in excess of five (5) acres and is devoted exclusively to the direct production or distribution of cargo for handling through the Port of Corpus Christi, unless less than five (5) acres of such property is thus devoted or the use of the acreage is changed, in either of which events the owner or owners, their successors or assigns, shall be required to con- summate annexation to the City within thirty (30) days after the occurrence of either such event, upon terms and conditions specified by the City for the continuance of the water service privilege, or the City shall terminate such service. Every executed annexation contract shall be filed with the City Secretary prior to commencement of water service. "Sec. 38 -63. Where the said property is to be used for agricultural purposes only, as a prerequisite to water service the owner shall file with the City Secretary a covenant running with the land binding successors and assigns, guaranteeing that, in the event such agricultural use is substantially discontinued for nine (9) months, less the time such property is subjected to a natural disaster, if any, such service shall be terminated and the use of City water on such property shall be discontinued. Such covenant shall likewise be recorded in the Deed Records of the county within which the majority of the area of such property is situated. "Sec. 38 -64. Each contract for water service outside the city limits must receive approval by the City Council before the contract can become effective. "Sec. 38 -65. Water service to areas outside the city limits may be provided from mains existing as of February 16, 1972 to property platted as of that date. No other water service will be provided outside the city limits after said date except in compliance with this Article %I. "Sec. 38 -66. Whenever the City Manager certifies to the City Council'that a pending application for water service outside the city limits presents characteristics of service, terrain, location, or area creating unusual service features the City Council shall specify the terms and conditions of a special contract for service, if it votes to consider such application." -2-