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HomeMy WebLinkAbout14314 ORD - 05/10/1978jkh:5- 10- 78 ; "lst r AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PENDARIS CORPORATION FOR EXTENSION OF WATER AND WASTEWATER SERVICES TO THE "WOOD RIVER" SUBDIVISION, PROVIDING THAT SUCH SUBDIVISION BE DEVELOPED IN ACCORD- ANCE WITH CITY CODES RELATING TO PLATTING AND DEVELOP- MENT, AND PROVIDING FOR FUTURE ANNEXATION AS DEVELOPMENT OCCURS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to enter into a contract with Pendaris Corporation for extension of water and wastewater services to the "Wood River" Subdivision, providing that such subdivision be developed in accordance with City codes relating to platting and development, and providing for future annexation as development occurs, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the afore- said contract in order to provide water service and wastewater service to the "Wood River" Subdivision at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested,the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the A9 day f May, 1978. ATTEST: y Secretary MAYOR APPROVED: THE CITY OF C S CHRISTI, TEXAS 10th DAY OF MAY, 1978: J. BRUC YC�K, CITY ATTORNEY By Assistant Ci ttorney C OF L rJUL 0 8.1980 14314 A G R E E M E N T THIS AGREEMENT made ?lay , 1978, by and between PENDARIS CORPORATION, a Texas corporation, having its principal offices in Corpus Christi, Nueces County, Texas (hereinafter referred to as "Pendaris "), and the CITY OF CORPUS CHRISTI, TEXAS, a home rule city of more than 200,000 population, a municipal corporation and body politic under the laws of the State of Texas, situated in Nueces County, Texas (hereinafter referred to as "City "); W I T N E S S E T H: WHEREAS, Pendaris is the owner of a tract of land situated in Nueces County, Texas, containing 493.66 acres, more or less, and lying wholly within the extraterritorial jurisdiction of City; and - WHEREAS, Pendaris intends to develop said tract of land into a major residential community, to be known as "Wood River ";•and WHEREAS, Pendaris desires to contract for water and waste- water services for "Wood River ", and City owns a water system and sanitary wastewater collection, treatment and disposal system which can serve the said "Wood River" development; and WHEREAS, Pendaris desires to contract to purchase, and City desires to contract to sell, water services and wastewater collec- tion, treatment and disposal services, upon the terms, provisions and conditions hereinafter set forth; and WHEREAS, in connection with the development of "Wood River" as a residential community, it will be necessary for Pendaris to construct contemporaneously therewith an on -site water system and wastewater collection facilities which can be connected to the City water and sanitary wastewater systems, and Pendaris desires to transfer to City, and City desires to accept, the said "Wood River" water and sanitary wastewater collection systems, upon the terms, provisions and conditions hereinafter set forth; and p- �9 _'� WHEREAS, Pendaris and City desire to provide for an orderly annexation by contract to City of portions or sections of the "Wood River" development, and to provide now for said development's compliance with City ordinances, resolutions, laws, rules and regu- lations preparatory to such annexation; NOW, THEREFORE, in consideration of the premises, the mutual promises and covenants herein contained, and other good and valuable consideration, it is hereby agreed by Pendaris and City, as follows: 1. The drawing attached hereto as Exhibit "A" and made a part hereof by reference correctly shows the location of that portion of the City sanitary wastewater collection, treatment and disposal system owned, operated and maintained by the City which is intended to serve the "Five Points" area, in and around the intersection of F.M. 624 and U.S. 77, and to which the "Wood River" sanitary waste- water collection system will be connected. Also, Exhibit "A" shows the location of that portion of the City water system, owned, operated and maintained by the City, which serves or is intended to serve the said "Five Points" area, and to which the "Wood River" water system will be connected. 2. The subject real property to be developed as "Wood River" is more particularly described by metes and bounds in Exhibit "B" attached hereto and made a part hereof by reference. 3. Pendaris intends to develop "Wood River" in phases. In Phase One, 300 single family dwellings are to be constructed, as follows: 130 such dwellings in Unit One of Phase One, and 170 such dwellings in Unit Two of Phase One. In Phase Two, an additional 300 single family dwellings are to be constructed. Additional "phases" of development are contemplated. Eventually, Pendaris contemplates selling lots for the construction of multi - family dwellings, apartments, commercial and business developments. Ultimately, it is contemplated by the parties that the "Wood River" development 2 a will require water delivery capacity and wastewater collection, treatment and disposal capacity for at least 1900 "units ". As used in this Agreement, in reference to water and wastewater service, the term "unit" shall interchangeably mean the equivalent of the capacity requirements for water delivery to, or wastewater collection, treat- ment and disposal from, one single family dwelling unit. 4. In connection with the development of "Wood River ", Pendaris will construct a wastewater collection system to service the said units. Pendaris will construct a force main to connect the Wood River wastewater collection system with the City sanitary wastewater collection system. The size and adequacy of such connect- ing force main shall be determined after consideration of engineer- ing data supplied to City by Pendaris, subject to final approval by City's Director of Engineering and Physical Development. In addi- tion, Pendaris will construct a wastewater lift station on the "Wood River" development. Pendaris agrees to transfer to City the "Wood River" wastewater collection system, including "Wood River" lift station, force main, and all wastewater mains constructed within said development, as and when each portion of the "Wood River" system is constructed and tied onto the City wastewater system. Such improvements will be constructed according to (i) City's Platting Ordinance and (ii) plans and specifications approved by City's Director of Engineering and Physical Development. Such improvements will become the sole and exclusive property of the City at the time they are attached to the City's wastewater system. 5. Also in connection with the development of "Wood River ", Pendaris will construct a water system to service the said units. In the event that City has authority to provide water service to Pendaris and "Wood River ", then Pendaris agrees to transfer to City the "Wood River" water system, as and when each portion of 3 the "Wood River" water system is constructed and tied onto the City water system. Such improvements will be constructed accord- ing to (i) City's Platting Ordinance and (ii) plans and specifica- tions approved by City's Director of Engineering and Physical Development. Also, such improvements will become the sole and exclusive property of the City at the time they are attached to City's water system. 6. In connection with the tie -in of the "Wood River" waste- water force main, to be constructed by Pendaris, to the City waste- water system, the parties understand that it will be necessary to increase the size of the City wastewater gravity line to be con- structed by City from the "Five Points" area east to Hearn Road and north to U.S. Interstate 37. Pendaris agrees to pay the difference between the cost of pipe for the currently planned line and the cost of pipe for the "oversized" line made necessary in order to add on the "Wood River" wastewater system. The City cur- rently estimates that the difference in cost, which difference is to be paid by Pendaris, will be in the approximate range of $18,000.00 to $20,000.00. The City will pay all other costs involved in "over - sizing" said portion of the wastewater line in order to prepare the line to service the "Wood River" wastewater system. Pendaris' payment of the said difference in cost of oversized pipe shall be assured by providing City with an irrevocable bank letter of credit in the amount of the actual cost of such oversized pipe, or by an escrow arrangement funded by a certificate of deposit in such amount. If an escrow is used, Pendaris shall be entitled to any principal and interest remaining after payment to City of Pendaris' obligation under this paragraph. 7. In the event that City provides water service to Pendaris and "Wood River ", Pendaris will install a 12 inch water.line from the "Wood River" water system to City's water main located at the westerly boundary of Calallen High School on F.M. 624. Said water line will be constructed according to (i) City's Platting Ordinance 4 and (ii) plans and specifications approved by City's Director of Engineering and Physical Development. It is agreed and understood by the parties hereto that the City's water ordinances provide for reimbursing the developer for constructing such a water line, at actual cost, at the rate of 10 feet per lot. If Pendaris constructs said 12 inch water line, then, as each Unit or Phase, whichever should be the case, is annexed and structures on 50% of the lots involved are connected to the water system as provided in Section V.B. 9. (c), Platting Ordinance, Pendaris shall be reimbursed by City the actual cost of 10 feet of said 12 inch water main for each lot in "Wood River ", up to the full cost of said 12 inch water main, but without interest. 8. City represents. and warrants that adequate water services and wastewater collection, treatment and disposal services will be available to all units in "Wood River" as and when each of such units are tied onto the wastewater system at "Wood River" and the water system at "Wood River ", if water services are provided by City. In this regard, City represents that wastewater services, and water services, if water is provided by City, will be available to "Wood River" and fully operational on or before November 1, 1978. In this regard, City represents that said wastewater line to be constructed to the "Five Points" area will be constructed and fully operational on or before November 1, 1978; however, if said wastewater line is not constructed and /or fully operational by said date, City will utilize alternative methods to collect, treat and dispose of "Wood River" wastewater, such as by storing said wastewater in the City gravity main and regularly siphoning same and trucking same to City treatment plant, until the said line is fully opera- tional. 9. City represents and warrants that its existing water system and wastewater collection, treatment and disposal systems are owned, operated and maintained in accordance with and in com- pliance with any and all applicable laws and administrative regula- tions and standards of all governmental authorities having juris- diction, whether local, county, state or federal; and City further represents and warrants that its water system and sanitary wastewater collection, treatment and disposal system, serving the "Wood River" development, shall be so operated and maintained in the future. 10. City agrees to operate and maintain the water system and wastewater collection systems to be built at "Wood River" by Pendaris and conveyed to City, including but not limited to the "Wood River" lift station and force main, which maintenance and operation shall conform and comply with all standards of all governmental authorities having jurisdiction. Further, City represents and guarantees that it shall provide wastewater collection, treatment and disposal services, and water service, to "Wood River" which conform to all applicable standards of all governmental authorities having jurisdiction and at least sufficient to meet the reasonable requirements of all units at "Wood River ". 11. The parties agree that City will charge "Wood River" applicants water and wastewater permit fees equal to those fees being charged by City to other outside - City - limits residents. Further, City will charge "Wood River" applicants tap fees equal to those tap fees being charged other outside - city - limits residents, and City will perform the taps for "Wood River" appli- cants. Furthermore, City will charge "Wood River" customers for wastewater and water services rates equal to those rates being charged other customers outside the city limits. Finally, City shall be entitled to charge and collect security deposits for wastewater and water services from "Wood River" customer - applicants, which deposits shall be no more than those deposits being required of other City customer - applicants outside the city limits. Provided, however, that as portions or sections of "Wood River" become annexed to City, in accordance herewith, all rates, fees, deposits, and all other applicable charges being charged by City for wastewater and water services shall then become equal to similar rates and charges charged City residents. 12. In consideration for City's agreement to extend waste- water and water services and make them available to "Wood River ", 6 Pendaris has agreed that the subject development shall be even- tually annexed in sections to City without the need for annexation elections. In the interim, Pendaris agrees that the subject develop- ment and subdivision shall be subject to all City ordinances, regu- lations, laws, and rules, including, but not limited to, wastewater ordinance, building code, water ordinance, fire prevention ordinance, and electrical ordinance. 13. Pendaris and City agree that portions or sections of the "Wood River" development, as defined in Paragraph 3, above, shall be annexed to, and become a part of, City, as follows: all. Units and /or Phases platted and filed for record as of May 15, 1983, will be subject to annexation as of that date; after May 15, 1983, every new Unit and /or Phase in "Wood River" will be subject to annexation as and when it is platted and filed for record; provided, however, that no Unit or Phase, whichever be the case, at "Wood River" shall be annexed to City prior to May 15, 1983, by any method now provided, or to be provided, by statute, the City Charter, or any other applicable law. To implement such annexation, the parties contemplate that each such Unit or Phase, whichever be the case, of the said "Wood River" development shall be annexed in accordance with the Charter of the City of Corpus Christi, Article I, Section 2(b). As each Unit or Phase, whichever be the case, is platted and filed for record in accordance with this Paragraph, and upon adoption of an ordinance annexing said Unit or Phase to City by the City Council thereof, the territory encompassed within such Unit or Phase shall thereafter be annexed within the corporate limits of the City for all purposes. Further, Pendaris agrees to develop the "Wood River" subdivision, or, at least, to plat por- tions of the subdivision acreage, so that on May 15, 1983, Units One and Two of Phase One will be adjacent and contiguous to the City or to another portion (or portions) of the subject subdivision acreage which will have been platted prior to or on May 15, 1983, and which portion (or portions) is (or are) adjacent and contiguous to the City limits at the Nueces River. 7 14. So that this Agreement for future annexation shall be valid and binding on all homeowners and other successors in interest and assigns at "Wood River ", Pendaris agrees to impose on the subject land the duties, obligations and liabilities under this Agreement by deed restrictions or declaration of covenants prior to the sale of any portion of the subject development tract to third parties. 15. City agrees that it will promptly initiate proposed amend- ments to the Platting Ordinance relating to Planned Unit Develop- ments (PUD) for the purpose of permitting such developments to be platted and developed within the City's extraterritorial jurisdic- tion. City further agrees that it will initiate amendments to the Zoning Ordinance, without fee to Pendaris, providing for subdivisions so platted and developed by Pendaris to be designated as PUD districts upon annexation by City. 16. As part of the consideration for this Agreement, Pendaris and City stipulate that for the purpose of calculating the period of ninety days required to complete annexation under Tex.Rev.Civ. Stat.Ann.Art. 970A, that the "institution of annexation proceedings" will be defined to mean the adoption by the City Council of an annexa- tion ordinance,pursuant to this Agreement. Pendaris will confirm its ownership of each Unit or Phase to be annexed by executing a separate contract of annexation ratifying this Agreement as each Unit or Phase is platted and filed for record. 17. The parties hereto hereby expressly agree and intend that all future property owners in "Wood River" and any homeowners' association, country club or recreation club or clubs, are third party beneficiaries in this Agreement; further, all third party beneficiaries are entitled to enforce the rights and privileges of Pendaris under this Agreement, as well as being subject to the duties and obligations of Pendaris under this Agreement. 18. The undersigned officers of Pendaris Corporation have been authorized to execute this Agreement on behalf of Pendaris by Resolution duly adopted by the Board of Directors of Pendaris 8 at a special meeting of the Board held at the offices of Pendaris in Corpus Christi, Texas, on May , 1978. Further, the under- signed has been authorized to execute this Agreement on behalf of City by Ordinance duly adopted by the City Council at a duly called meeting of the City Council held at City Hall, City of Corpus Christi, Nueces County, Texas, on May , 1978. 19. This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements or under- standings oral or written, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. 20. No assignment of this Agreement by either party shall be valid without the prior express written consent of the other party. 21. All of the promises, representations, warranties, cove- nants, terms and conditions of this Agreement shall survive any and all conveyances hereunder. 22. This Agreement may not be amended or modified orally; and no amendments, modification or attempted waiver shall be valid unless in writing signed by the party against whom the same is sought to be enforced. 23. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns, heirs and personal representatives, and all purchasers or occupants of lots and /or improvements in "Wood River" subdivision. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple counterparts on the month, day and year written above at Corpus Christi, Nueces County, Texas. PENDARIS CORPORATION (SEAL) ATTEST: B i ent Secretary -. 9 ATTEST: City Secretary APPROVED: CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager APPROVED: Director of Finance day of , 1978: J. BRUCE AYCOCK, City Attorney By Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Nueces County, Texas, known to me to be the person whose name is subscribed to the foregoing contract and stated to me that he signed the foregoing contract for the purposes and consideration therein stated and in the capacity therein stated, and as the act and deed of the City of Corpus Christi, Nueces County, Texas. SUBSCRIBED AND SWORN TO BEFORE ME, this the day of , 1978. Name Typed or Printed: Notary Public in and for Nueces County, Texas My commission expires: THE STATE OF TEXAS . COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM II. HOLLAND, President of PENDARIS CORPORATION, known to me to be the person whose name is subscribed to the foregoing instrument, and aknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this the / `�•" 1L day of !1yL :. 1978. Name Typed or Printed: Notary P— u lain and for Nueces County, Texas My commission expires: ; 10 .. _ _ _ _ ._ . ... :a7• _ a' EXHIBIT "B" This Exhibit "B" is attached to and forms a part of the Agreement, dated May , 1978, from PENDARIS CORPORATION, a Texas corporation, to CITY OF CORPUS CHRISTI, TEXAS: A 493.66 acre tract of land out of a 400 acre tract and a 205.8 acre tract out of the Mariano L. de Herrera Grant, Abstract 606, said 400 acre tract as conveyed by Bess L. Hurd, et vir, to Nina G. Stewart, widow, by Deed dated June 22, 1944, and recorded in Volume 300, Page 153, Deed Records of Nueces County, Texas, and said 205.8 acre tract as conveyed by Bess L. Hurd et vir to Nina G. Stewart by Deed dated August 29, 1940 and recorded in Volume 261, Page 235, Deed Records of Nueces County, Texas: BEGINNING at a 1 inch iron pipe found within the right - of -way of Farm -to- Market Road No. 624 CBluntzer Road) at the Southwest corner of said 205.8 acre tract for the Southwest corner of this survey; THENCE North 00° 32' 40" East with the Rest boundary of said 205:8 acre tract, at 85.42' found a 1" iron pipe on the North right -of -way line of FM 624 at its intersection with the East boundary of East Riverside Drive, in all a distance of 4,847.33 feet for the lower Northwest corner of this survey; THENCE South 890 27' 20" East 450.00 feet for an inside corner of this survey; THENCE North 000 32' 40" East 805.80 feet to a point on the South bank of the Nueces River for the upper North- west corner of this survey; THENCE with the meanders of the South bank of said Nueces River, as follows: South 63 °48100" East 199.11 feet; South 60 °27110" East 118.24 feet; South 60 039115" East 210.69 feet; South 66 °31155" East 389.76 feet; South 68 °44130" East 82.21 feet; South 71 018105" East 101.25 feet; South 63 °22120" East 200.23 feet; South 66 °48150" East 200.00 feet; South 70 °49'45" East 57.27 feet; South 68 °25'50" East 199.38 feet; South 76 °37120" East 200.43 feet; South 79 0381101' East 657.49 feet; North 89 °55150" East 300.02 feet; South 87 °53'10" East 393.10 feet; North 86 006135" East 300.01 feet; North 85 °20'45" East 300.01 feet; North 79 °49'40" East 301.60 feet; North 81 °33100" Fast 339.19 feet; North 85 °33140" East 307.83 feet; South 89 °04'50" East 302.66 feet; South 79 °11145" East 300.24 feet and South 74 °32'15" bast 207.22 feet for the Northeast corner of this survey; THENCE South 09 050145" hest, along the Fast line of said 400 acre tract with a fence, at 245.00 feet pass a 1 -1/2 inch iron pipe found on line, in all a distance of 1,852.47 feet to a 1 -1/4 inch iron pipe found on the North boundary line of the Riverside (.olf Course 102.62 acre tract for a corner of this survey; THENCE North 71 °47125" nest, along said North boundary line on or near a fence 638.70 feet to a 5/8 inch iron rod found 2.0' South of said fence for an inside corner of said 102.62 acre tract and a corner of this survey; THENCE North 17 008110" East, 6.50 feet for a corner of said 102.62 acre tract and an inside corner of this sur- vey; THENCE continuing with said North boundary line of the 102.62 acre tract on or near last above mentioned fenc6, North 72 051'50" West 522.16 feet to a 5/8 inch iron rod found in said fence for a corner of said 102.62 acre tract and a corner of this survey; THENCE North 73 000140" Nest, along said North boundary line with said fence 603.59 feet to a fence corner post found for the Northwest corner of said 102.62 acre tract and an inside corner of this survey; THENCE South 16 °56120" West, along the West line of said 102.62 acre tract with a fence, 588.55 feet to an angle point in said fence for a corner of this survey; THENCE South 17 °06'15" West, with said fence, 1,203.00 feet to a fence corner post found for the Southwest corner of said 102.62 acre tract and an inside corner of this survey; THENCE South 72 °23115" East, along the South boundary line of said 102.62 acre tract with a fence, 373.19 feet to a 5/8 inch iron rod found for a corner of said 102.62 acre tract and a corner of this survey; THENCE continuing with said South boundary line, South 72 °11100" East 883.92 feet to a 2 inch iron pipe found for the Northwest corner of River Hill Subdivision, a map of which is recorded in Volume 33, Page 91, Map Records of Nueces County, Texas, and a corner of this survey; THENCE South 07 °33145" West, along the West line of said subdivision, 273.00 feet to a 1 inch iron pipe found for the Southwest corner of said River Hill Subdivision and a corner of this survey; THENCE. South 58 °43'50" bast, along the South line of said subdivision, 1,044.42 feet to a 1 inch iron pipe found on the East boundary of said 400 acre tract for the South- east corner of River Hill Subdivision and a corner of this survey; THENCE South 2S °27110" West, along the common boundary line of said 400 acre tract and Nueces River Irrigation Park Annex No. 1, a map of which is recorded in Volume A, Page 55, Map Records of Nueces Court y, Texas, 1,140.05 feet for the Southeast corner of said 400 acre tract and the South- east corner of this survey from which corner an axle found on the North right -of -way line of said F.I. No. 624 bears South 25 °27'10" hest 48.85 feet; THENCE North 43 °32100" hest, along; the common boundary line of said 400 acre tract and Nueces River Irrigation Park Annex No. 2, a map of which is recorded in Volume A, Page 55 of said Map Records, 2,036.94 feet for a corner of Rueces River Irrigation Park Annex No. 2 and an inside corner of this survey; THENCE South 12 023100" hest 130.55 feet for an inside corner of said Nucces River Irrigation Park Annex No. 2 and a corner of this survey; THENCE North 79 °32100" Nest, along the North line of said Nueces River Irrigation Park Annex No. 2, 1,838.12 feet to a point on the East line of said 205.8 acre tract for the Northwest corner of said Park Annex No. 2 and an inside corner of this survey; THENCE South 1001612011 west, along the common boundary- line of said 205.8 acre tract and Nueces River Irrigation Park Annex No. 2, at 1,355.88 feet pass a jog on the North right -of -way line of said F.M. No. 624, at 1,370.89 pass another jog in said right -of -way in all 1,441.09 to the Southeast corner of said 205.8 acre tract for a corner of this survey; THENCE North 83 *4710011 West, with the South boundary of said 205.8 acre tract, 1,524.93 feet to the PLACE OF BEGINNING containing 493.66 acres of land of which 2.99 acres lie within the right -o£ -way of FM 624 and 1.99 acres lie within the right -of -way described in Volume 378, Pages 532 -533 of Nueces County Deed Records; . 5 GRANT �45-11 45-15 EXHIBIT 0 1 ITEVE15 -TER TREI-ENT PLANT rn C', FARIAS GRAN p 0 I f arr 4 5101 Z 45-14 C, �Jfq ? FL A G. FAO I/