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Home My WebLink About12281 ORD - 09/25/1974JRR:hb:9- 11- 74.; 3rd I •, • AN ORDINANCE AMENDING TEE 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.; PRO- VIDING FOR CONTRACT OF ANNEXATION AS PREREQUISITE, WITH SPECIAL CONDITIONS FOR TRACT IN EXCESS OF FIVE (5) ACRES DEVOTED 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; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 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of Water System to Outside Corporate Limit areas, of Chapter 38, Corpus Christi City Code, 1958, as amended, is hereby repealed.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 Sister 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. Except as hereinafter provided, 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. Prior to delivery of City water to any property, a part of which lies beyond the corporate limits of the City of Corpus Christi or to any water line, water main, or related facility 12281 thereon, it is further mandatory that a written contract between the City and all owners and record mortgagees and lienholders,of such property be entered into whereby said owners, mortgagees, and lienholders 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 (Ordinance 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 (Ordinance No. 10,832), as amended, the City Fire Prevention Code, 1965 Edition (American Insurance Association), as amended, all lawfully adopted Departmental rules and -regulations applicable thereto, and such other regulations and require- ments as the City Council may deem necessary and lawfully enforce relative thereto, and such owners, mortgagees, and lienholders shall consent by said contract to inspections of all such construction by duly authorized inspectors or representatives of City departments charged with enforce- ment 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), mortgagees, and lienholders. As to any improvements the applicable Codes shall be those in effect at the time of commencement of such improvement. Provided, however, that neither platting nor such contract shall be required wherever such property to be served is in excess of five (5) acres and not less than five (5) acres thereof is principally devoted to the direct production, manufacture, processing or distribution of cargo shipped or to be shipped through the Port of Corpus Christi. At any time when less than five (5) acres of such property is thus devoted to such use or such use of the property is materially changed, as solely and finally determined by the City Council, the owners, mortgagees, and lienholders, 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 -2- any existing improvements 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 ter- minated 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 or to any water line, water main, or related facility, it is mandatory that a contract of annexation between the City and all owners, mortgagees, and lienholders 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 not less than five (5) acres thereof is principally devoted to the direct production, manufacture, processing or distribution of cargo shipped or to be shipped through the Port of Corpus Christi. At any time when less than five (5) acres of such property is thus devoted to such use or such use of the property is materially changed, as solely and finally determined by the City Council, the owners, mortgagees, and lienholders, 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 an 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 -3- be terminated by order of the City Council. "Section 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. "Section 38 -64. Each contract for water service outside the City limits must receive approval by the City Council before the contract can become effective. "Section 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. Except as herein otherwise provided, no other water service will be provided outside the City limits after said date except in compliance with this Article %I. "Section 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. Any person, firm or corporation violating the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in a sum not to exceed Two Hundred Dollars ($200.00). SECTION 4. If for any reason any section, paragraph, sub- division, 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, sub- division, clause, phrase, word, or provision of this ordinance, for it -4- is the definite intent of this City Council that every section, para- graph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi, by publishing the caption of this Ordinance, stating in substance the purpose of the ordinance. That the foregoing ordinance w read for t e f rst time and passed to its second reading on this the day of 19 ° , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark . That the foregoing ordinancg was read fo the second time and passed to its third reading on this the H_day of 19_20 by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinance was read for the third time and passed finally on this the 25 day of S��T 197,1/ , by the following vote: Jason Luby Q yiF James T. Acuff AYE- Rev. Harold T. Branch A Ye Thomas V. Gonzales Rym` Ricardo Gonzalez &E Gabe Lozano, Sr. Q yli� J. Howard Stark fly& PASSED AND APPROVED, this the day of Sc7 19 7 J ATTEST: City Secretary APPROVED: (� ,LL_DAY OF �1 19�! : �k f�KM�ity Attorney MAY THE CITY OF CORPUS CHRIS , TExAR PuBLISTIERIS AFFIDAVIT STATE OF TEXAS. County of Nuem. a Before the undersigned, a Notary Public, thi day Personally came who being first duly sworn, Recording to law, says that he is the Of the Corpus Christi Caner and The CiOrPm Christ' T'Mes' Daily Newspapers published at Corpus Christi, Texas' in said County and State, and that the publication Of of which the annexed is a true COPY, Was published in on th.28— day 19'7j4-- as S. Ad. Manager - -- - --- - -- - 19-74-- Subscribed and sworn to before me this t gu—e;jj-s County, Texas Louise Viols B9LL G. READ Ctty SevaRl�ory IS E A aj A � dui811. Tote