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HomeMy WebLinkAbout14720 ORD - 01/17/1979AN ORDINANCE AMENDING CHAPTER 55 UTILITIES OF THE CODE OF ORDI- NANCES, CITY OF CORPUS CHRISTI, TEXAS, BY AMENDING SECTION 55-111 TO INCLUDE ANNEXATION AS A CONTRACT REQUIREMENT, ALSO CONSTRUCTION OF ALL IMPROVEMENTS IN ACCORDANCE WITH ALL CITY CODES; BY DELETING SECTIONS 55-112 THROUGH 55-115 AND IN LIEU THEREOF BY ADDING NEW SECTIONS 55-112 ALLOWING AN EXCEPTION FOR AGRICULTURAL USE OF LAND AND REQUIRING THE COVENANT; SECTION 55-113 REQUIRING CITY COUNCIL APPROVAL OF ALL CONTRACTS FOR WATER SERVICE OUTSIDE THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS IF ORDINANCE REQUIREMENTS ARE MET; ' SECTION 55-114 REGARDING RECONNECTS AND TRANSFERS AND TEMPORARY SERVICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 55-111 of the Code of Ordinances of the City of Corpus Christi be amended to hereafter read as follows: "Section 55-111. Contract requirements where land is partly or wholly beyond City. Prior to delivery of City water to any property which lies partly or wholly beyond the corporate limits of the City of Corpus Christi, a written service contract between the city and all owners and record mortgagees and lienholders of such property shall be entered into whereby said owners, mort- gagees and lienholders agree: (1) To construct all improvements on such property in accordance with all City Codes and regulations and to obtain all City permits as though said property were inside the City, (2) To allow inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes, and (3) To annex said property with the effective date of such annexation being the date when the property becomes adjacent to the City limits, or will become adjacent to the City limits by any type of simultaneous annexation of other properties or at a later date to be solely determined by the City Council. 14720 MICROFILMED 'UL 0 81980 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 owners, mortgagees and lienholders and shall continue in effect until annexation to the City has been completed. 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 used for port - related industry, which is hereby defined to be a heavy industrial use or activity which generates substantial tonnage through the Port of Corpus Christi, adds value to the product which is processed, would only be allowed inside the City limits of Corpus Christi in Zoning District "I-3", and pro- vides for itself almost all services normally provided by City. Platting, however, will be required if the tract involved has resulted from a division of land which was legally required to have been platted when such division occurred. At any time when the use of such property is materially changed, as solely and finally determined by the City Council, the owners, mortgagees and lienholders, their successors and assigns shall be required to enter into a water service contract within thirty (30) days, containing such additional terms and conditions, as the City Council may specify, to bring any existing improvements on said property into compliance with all applicable codes within such period of time as the City Council deems practicable. As to any improve- ment, the applicable codes shall be those in effect at the time of commence- ment of such improvement. In the event such contract is not made within thirty (30) days, City water service shall be terminated by order of the City Council. Upon becoming effective, these provisions shall apply to all new customers outside the City. SECTION 2. That Sections 55-112 through 55-116 are hereby deleted. SECTION 3. That the following sections are hereby added in lieu of the above deleted sections: Section 55-112. Covenant when use of land is agricultural. Where said property is to be used only for agricultural use, hereby defined as meaning cultivating the soil, harvesting crops, raising -2- livestock, pasture grazing, as a prerequisite to water service: (1) 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. (2) The owner must agree that any construction on such property, except for structures which are solely agricultural in nature, must comply with all City codes and permits and that inspectors be allowed on such properties to insure compliance with all City codes and permits. 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 55-113 - City Council Approval. Each contract for water service outside the City limits which includes a new water connection must receive approval by the City Council before the contract for such service can become effective. The City Manager or his designated representative is hereby authorized to execute water service contracts meeting all of the requirements contained herein when no additional service connection is involved. Section 55-114 - Reconnects and Transfers. Whenever an existing use outside the City limits is terminated and later sought to be reactivated or whenever a request is received to transfer an existing tap outside the City limits from one customer to another, a new contract for service must be executed containing all of the conditions in Section 55-111 except that code compliance will only be required for improvements or repairs after the date of execution of such new contract. Temporary service will be provided upon request of a new customer to property being transferred as long as the applicant has signed the appropriate service contract and obtains the approval of all other parties within 6 weeks from the date service is resumed. Failure to provide a fully executed contract will cause such temporary service to be terminated." That the foregoing ordinanc was read foi a first time and passed to its second reading on this the .1 day of i , 1979 , by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance was read fore- second time and passed to its third reading on this the /0 day of � , 19 99, by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the, foregoing ordinan as read for the third time and passed finally on this the /7 day of , 11 71P , by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the /7 day of , 197, ATTEST: tI w Ci y Secre ary PPRO ED: "IkDAY OF 19 J. BRUCE AYCOCK, CITY A ORNEY (� an+, ByC Y� ssis+ City ttorney MAYOR TH CITY 0 C0'' S CHRISTI, TEXAS 14720