HomeMy WebLinkAbout022913 ORD - 04/22/1997DOC# 1997017041
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF NUECES §
I, the undersigned Assistant City Secretary of the City of Corpus Christi, Texas, so
certify that the following is a true and correct copy of Ordinance No. 022913 passed and
approved by City Council on April 22, 1997, 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 8th day of May, 1997.
aundra K. Koenning
Assistant City Secretary
Corpus Christi, Texas
MICROFILME.
AN ORDINANCE
ADOPTING THE CAPITAL IMPROVEMENTS PLAN AND IMPACT FEES
FOR MASTER PLAN DRAINAGE CHANNEL NUMBER 31; AMENDING
THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI TO
INCLUDE SUCH IMPACT FEES; AMENDING THE CORPUS CHRISTI
CODE CHAPTER 13 AND CHAPTER 55 TO INCLUDE REFERENCE TO
THE PLATTING ORDINANCE IMPACT FEE PROVISIONS; AND
PROVIDING FOR SEVERANCE.
WHEREAS, the City of Corpus Christi is authorized by Chapter 395 of the TEXAS LOCAL
GOVERNMENT CODE to enact impact fees to finance capital improvements required by new
development;
WHEREAS, in accordance with Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE,
after proper notice to the public, on Tuesday, November 26, 1996, during a meeting of the City
Council, the City Council approved a resolution which authorized the City Manager or his designee
to take the necessary actions to establish an Impact Fee for the Master Plan Drainage Channel 31
Improvements; scheduled public hearings to receive comment on the adoption of Land Use
Assumptions, Capital Improvements Plan, and Impact Fees; and appointed the Planning Commission
as the Capital Improvements Advisory Committee;
WHEREAS, in accordance with Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE,
after proper notice to the public, on Wednesday, January 22, 1997 and Wednesday, February 5,
1997, during meetings of the Planning Commission, the City Planning Commission, acting in its
capacity as the Capital Improvements Advisory Committee, approved and recommended the City
Council adopt the proposed Land Use Assumptions, Capital Improvements Plan, and Impact Fees
for Master Plan Drainage Channel Number 31;
WHEREAS, in accordance with Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE, after
proper notice to the public, a public hearing was held on Tuesday, February 11, 1997, during a
meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi
allowing all interested persons to appear and be heard;
WHEREAS, the City received a request in writing for separate public hearings on the Land
Use Assumptions and Capital Improvements Plan;
WHEREAS, in accordance with Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE,
after proper notice to the public, on Tuesday, February 18, 1997 and Tuesday, February 25, 1997,
during meetings of the City Council, in the Council Chambers at City Hall in the City of Corpus
Christi, the City Council adopted the proposed Land Use Assumptions for Master Plan Drainage
Channel Number 31; and
WHEREAS, in accordance with Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE, after
proper notice to the public, a public hearing was held on Tuesday, April 15, 1997, on the proposed
Capital Improvements Plan, and Impact Fees for Master Plan Drainage Channel Number 31, during
97N110920212 / 2-25-97
)2 )[3
MIGRUFILMED
a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi,
allowing all interested persons to appear and be heard;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Capital Improvements Plan for Master Plan Drainage Channel
Number 31, attached as Exhibit A, is hereby adopted and incorporated herein for all purposes.
SECTION 2. That the Impact Fees for Master Plan Drainage Channel Number 31 and
Service Area Map, attached as Exhibit B, are hereby adopted and incorporated herein for all
purposes.
SECTION 3. That the Platting Ordinance of the City of Corpus Christi, Section III -
Procedures, Paragraph C, Application Fees is hereby amended as follows:
C. APPLICATION FEES:
1. Application fees shall be based upon the following schedule. The following fees
must be paid before an application is acceptable for review.
Type I or IA Type II or IIA Type III or IIIA
Less than 1 acre $163.00 $488.00 $46.00
1 to 5 acres 325.00 754.00 46.00
More than 5 acres 528.00 853.00 46.00
(Ordinance No. 22382, 10/17/95)
2. Impact fees have been adopted in accordance with the TEXAS LOCAL GOVERNMENT
CODE. Chapter 395 for certain areas of the City. The fee schedule and map of the
service area for such fees is contained in Appendix A of this Ordinance.
3. Interest shall accrue to the impact fees from February 27, 1987, the date the
obligation was incurred . The rate shall be the rate of the latest General Obligation
Bond sale of the City or 9.5% per annum, whichever is lesser.
4. Impact fees plus interest shall be due and payable to the City upon the occurrence of:
Recordation of a subdivision plat. The approval of a plat of all or any
portion of a tract situated within the service area for Master Plan Drainage
Channel 31. The amount due will be the gross area of the recorded plat
multiplied by the number of service units per acre for each land use
encompassed within the plat multiplied by the rate per service unit plus
interest.
97NH0920 212 / 2-25-97
2
141 Issuance of a buildin ermit. The a..roval or issuance of a buildin'
permit with respect to the construction of any improvements situated on all
or a portion of a tract within the service area for Master Plan Drainage
Channel 31. The amount due shall be the gross amount for the entire tract for
which the building permit is issued.
Connection to the water or wastewater system. The approval of any utility
connections or the furnishing of any utilities with respect to all or any portion
of a tract situated within the service area for Master Plan Draina.e
Channel 31. The amount due shall be the gross amount for the entire tract for
which the connection is requested.
SECTION 4. That the Platting Ordinance of the City of Corpus Christi is hereby amended
by adding a new Appendix A, Fee Schedule, attached as Exhibit B and incorporated herein for all
purposes.
SECTION 5. That Chapter 13, Section 13-2, Building Code, Appendix B, Permit Fee
Schedule of the Code of Ordinances of the City of Corpus Christi is hereby amended as follows:
APPENDIX B
PERMIT FEE SCHEDULE
8101 GENERAL
This Permit Fee Schedule covers fees for permits and other services required by the building,
electrical, gas, mechanical and plumbing codes, and for electrical licensing. All fees associated with
permits, inspections and other aspects of construction are contained in this Permit Fee Schedule.
Impact fees have been adopted in accordance with the TEXAS LOCAL GOVERNMENT CODE
Chapter 395 for certain areas of the City. The fee schedule and map for such fees is contained in
Appendix A of the Platting Ordinance of the City of Corpus Christi.
SECTION 6. That Chapter 13, Section 13-3, Electrical Code, Appendix C, Permit Fee
Schedule of the Code of Ordinances of the City of Corpus Christi is hereby amended as follows:
APPENDIX C
PERMIT FEE SCHEDULE
C101 GENERAL
This Permit Fee Schedule covers fees for permits and other services required by the building,
electrical, gas, mechanical and plumbing codes, and for electrical licensing. All fees associated with
permits, inspections and other aspects of construction are contained in this Permit Fee Schedule.
Impact fees have been adopted in accordance with the TEXAS LOCAL GOVERNMENT CODE
Chapter 395 for certain areas of the City. The fee schedule and map for such fees is contained in
Appendix A of the Platting Ordinance of the City of Corpus Christi.
97N1-10920 212 / 2-25-97
3
SECTION 7. That Chapter 13, Section 13-4, Gas Code, Appendix B, Permit Fee Schedule
of the Code of Ordinances of the City of Corpus Christi is hereby amended as follows:
APPENDIX B
PERMIT FEE SCHEDULE
B101 GENERAL
This Permit Fee Schedule covers fees for permits and other services required by the building,
electrical, gas, mechanical and plumbing codes, and for electrical licensing. All fees associated with
permits, inspections and other aspects of construction are contained in this Permit Fee Schedule.
Impact fees have been adopted in accordance with the TEXAS LOCAL GOVERNMENT CODE
Chapter 395 for certain areas of the City. The fee schedule and map for such fees is contained in
Appendix A of the Platting Ordinance of the City of Corpus Christi.
SECTION 8. That Chapter 13, Section 13-5, Mechanical Code, Appendix B, Permit Fee
Schedule of the Code of Ordinances of the City of Corpus Christi is hereby amended as follows:
APPENDIX B
PERMIT FEE SCHEDULE
B101 GENERAL
This Permit Fee Schedule covers fees for permits and other services required by the building,
electrical, gas, mechanical and plumbing codes, and for electrical licensing. All fees associated with
permits, inspections and other aspects of construction are contained in this Permit Fee Schedule.
Impact fees have been adopted in accordance with the TEXAS LOCAL GOVERNMENT CODE
Chapter 395 for certain areas of the City. The fee schedule and map for such fees is contained in
Appendix A of the Platting Ordinance of the City of Corpus Christi.
SECTION 9. That Chapter 13, Section 13-6, Plumbing Code, Appendix H, Permit Fee Schedule
of the Code of Ordinances of the City of Corpus Christi is hereby amended as follows:
APPENDIX H
PERMIT FEE SCHEDULE
H101 GENERAL
This Permit Fee Schedule covers fees for permits and other services required by the building,
electrical, gas, mechanical and plumbing codes, and for electrical licensing. All fees associated with
permits, inspections and other aspects of construction are contained in this Permit Fee Schedule.
Impact fees have been adopted in accordance with the TEXAS LOCAL GOVERNMENT CODE
Chapter 395 for certain areas of the City. The fee schedule and map for such fees is contained in
Appendix A of the Platting Ordinance of the City of Corpus Christi.
SECTION 10. That Chapter 55, Utilities, Article V, Taps and Connections, Section 55-70,
Adoption of rules, regulations, and water and gas fees of the Code of Ordinances of the City of
Corpus Christi is hereby amended as follows:
97N110920.212 i 2-25-97
4
ARTICLE V. TAPS AND CONNECTIONS
Sec. 55-70. Adoption of rules, regulations and water and gas fees.
The rules and regulations concerning the control, operation and administration of utility taps
or service connections of water, gas and sewer utilities owned by the city and the regulations
prescribing fees for utility taps or service connections are hereby adopted and approved as follows:
(1) Utility tap applications. Applications for water, gas or sewer taps may be accepted
from anyone who has properly applied for a building or plumbing permit for taps to
be made inside or outside the city, and the fees for such taps shall be paid before the
permit is issued. Impact fees have been adopted in accordance with the TEXAS
LOCAL, GOVERNMENT CODE, Chapter 395 for certain areas of the City. The fee
schedule and map for such fees is contained in Appendix A of the Platting Ordinance
of the City of Corpus Christi.
SECTION 11. That if for any reason any section, paragraph, subdivision, 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, subdivision, clause,
phrase, word or provision of this ordinance for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and
effect for its purpose.
97NH0920 212 / 2-25-97
5
That the foregoin ordinance was read for the first time and passed to its second reading on
this the /5f In day of (i 19 �% , by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
That J,he foregoing ordinance `xas read for the second time and passed finally on this the 'day
of (1 J 1 , 19 `1 7 , by the following vote:
Loyd Neal
Jaime Capelo
Melody Cooper
Alex L. Garcia, Jr. „I J
Arnold Gonzales
PASSED AND APPROVED, this the
Armando Chapa, City Se red tary
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
day of apt,L) , 1997.
APPROVED THIS 22TH DAY OF APRIL, 1997:
JAMES R. BRAY, JR., CITY ATTORNEY
By:
i
orbert J. Hart, AssistAttorney
97NH0920.212 / 2-25-97
THE CITY OF CORPUS CHRISTI
2!9 13
6
CAPITAL IMPROVEMENTS PLAN
FOR MASTER PLAN DRAINAGE CHANNEL NO. 31
I. SERVICE AREA BOUNDARY
The service area boundary for the Master Drainage Channel No. 31 is generally bounded by County
Road 26, Oso Bay, Yorktown Boulevard, and South Staples Street. The service area boundary was
established by Ordinance No. 19144, passed December 31, 1985, which amended the drainage area
boundaries originally established by the 1961 Master Plan for Storm Drainage as approved by
Resolution 7022 1/2, passed November 6, 1963. The service area is further defined in a map
contained in the attached Exhibit B.
II. CAPITAL IMPROVEMENTS ANALYSIS
A. Comprehensive Plan. The land use assumptions for this area are as shown on the
South Side Area Development Plan (SSADP) as adopted by the City Council by passage of
Resolution 20678, on May 16, 1989. The proposed land uses presented in this document reflect
ultimate proposed land uses. In order to reflect the anticipated land uses in a ten year planning
horizon, adjustments were made to the ultimate land uses presented in the SSADP. Data for these
adjustments was derived from the Population and Land Use Projections for the Regional Storm
Water Master Plan dated July 19, 1991, prepared by the City of Corpus Christi Planning and Urban
Development Department.
B. Prior Improvements. Prior to the construction of Master Plan Channel No. 31, the
existing drainage facilities in the area were limited to those provided by roadside ditches, cross road
culverts, and the natural topography. These facilities provided adequate drainage to the agricultural
lands which predominate the service area as well as the isolated and scattered residential
development. Capital improvements would not be necessary to continue to provide drainage to the
existing needs and usages. However, routine maintenance to restore and optimize carrying capacity
due to siltation and erosion was necessary. At present, no new safety, efficiency, environmental, or
regulatory standards necessitate any changes to the pre-existing system.
C. Analysis of Prior System. The pre-existing drainage system's capacity required for
the current land uses during normal rainfall conditions was adequate. During high frequency
rainfalls, storm water spreads out into the adjacent agricultural lands. The excess run-off does not
present health or safety problems to such land use and in certain circumstances can be beneficial.
Increased development, i.e., an increase to imperious cover, would overload the system resulting
in property damage and possible safety issues with flooded roadways.
D. Description of Capital Improvements. The 1985 Amendment to the 1961 Master
Plan for Storm Drainage revised the direction to the outfall of approximately 600 acres between
South Staples Street and Cimarron Boulevard to the east across Cimarron Boulevard instead of to
the south of Yorktown Boulevard. Master Plan Drainage Channel No. 31 is an open drainage
channel approximately 17,000 feet long of varying bottom width ranging from 15 feet wide upstream
adjacent to Kaffie Middle School to 90 feet wide at the downstream end at Oso Bay. Side slopes
97NH0920,212 / 2-25-97
Exhibit A 7
have a ratio of approximately 2.5:1. Storm frequency design basis is the 5 year frequency event for
open channel with the 25 year frequency event for structures. Box culverts are located under Rodd
Field Road (5-4'X8') and under Cimarron Boulevard (4-4'X8'). Master Plan Drainage Channel
No. 31 is necessary to provide an adequate major drainage outfall for new development within the
service area.
CAPITAL IMPROVEMENTS PLAN.
The City Council hereby finds and determines that:
1. Master Drainage Channel No. 31 established by Ordinance No. 19144, passed
December 31, 1985, which amended the drainage area boundaries originally established by
the 1961 Master Plan for Storm Drainage as approved by Resolution 7022 1/2, passed
November 6, 1963 is hereby found to be necessary and adequate for the storm water drainage
of the service area.
2. The land use assumptions for this area shown on the South Side Area Development
Plan approved by Resolution 20678, on May 16, 1989 are valid and appropriate for the
Master Drainage Channel No. 31 service area and the proposed land uses presented in the
South Side Area Development Plan reflect ultimate proposed land uses.
3. In order to reflect the anticipated land uses in a ten year planning horizon,
adjustments were made to the ultimate land uses presented in the South Side Area
Development Plan and such adjustments are reflected in the Land Use Assumptions adopted
by Ordinance No. 022857 on February 25, 1997.
Accordingly, the Master Plan for Storm Drainage is hereby amended to include Land Use
Assumptions for Master Drainage Channel No. 31 within the service area established by Ordinance
No. 022857 with the service area and the channel configuration and capacity remaining as
established by Ordinance No. 19144.
97NH0920.212 / 2-25-97
Exhibit A 8
V
L
y
N m
O
aninV 01r P 'N ,oc nP.a mr tNM W M.t nrr NN M-,vn in M P in vnre N CC.0 r0,-,
.a - .O POr O,O00be COrn.0 r00- O.O in a. in .0 000e Prbe rnr.rn rP 00
00 4 W 4MNMboo O -N .O4 rr 6--O-MN W O- W PN er Mr r namen6 bbr
- P w m N C M a.O 0 b a 0P O r M e Or n rn n on to O - N 0`n00M V 0 e.ON N V 0 O ore
.OM - NNeN6 rNV Mr M0 -MN 0, 0 e - Vi .O Pe00 eO vi - - PPO M in or onIOr WN.a'P
V er-r 00 CC W.Oe V 0 V O- M P 00 tr. in O n O r 00,-00CAnn0-0 W 00000000 00PNrm
Nr-N__n-rn eN000
N
'0
00
r
n
00
M
11
Net Service
Units
r Pr N -N 00 .O r- in on 6 ot00 P'0 r^rP - r CPP0m^ Cr RPr r0n-CO Vi mIN
00 r el N r N M 00 n r Rr W P OC n N r N O 0 N P N 0 r 0 C. 0 m .0 00 r n r r W O e O P
0 0 e n 0 0 0 n N a 6 rrnn mr N N N P n N (N_ r N r r e e- O- P n O r- N O b m .0 P V 00 e C C C r rn C M w
- - 00 M P N N-- M- N 0 M N n 00 In .O N r- e 00 N N N N N e 0 00 P
3968.3
10
Total Dist.
C V V C e V Helm O.m PP00 PP.Ommm E-- r-. r r r - - -N.pC nN
nnn rrl nn el r-- eeC e V V .1- .o. 00 ell M mm-rrrr.D.O.. . . . . .- NP On
e e r .0 O N N N N N N N N b .0 0 0 0 co m-- e r r P P P P P r r P P m b r r m P 0 0 0 0
0 o n V V V e R V C C e V 0 0 0 0 0 0 0 0 0 0,D 0 r r 00 m P P P P P 0 0 0 O
9
Dist. U.S.
V) vi r rel r r r r r r r r r r r r r r T P n n M r r r r 0 r r r r r r r r r r r r r r N 00 C 0 f- M^ rn n
P a el r N N 0 N N 0 0 0 N el el 0 0 0 0 0 el el el el en en r r en Cm 0 0 ken ke) 0, 10.0 b P N N N N N e' e N N N 01 O N C r
N rn r r r r r r- r r r- r r 00Leo 0000' P 000 C m 00 00 00 m M n r r r 0 0 tn 0 C. .O .PO a.P0 .P0
8
Gross Service
Units
e m .O .0 P m r r r P P r N- - r co-, e n .0 .O - r P PNP 0 P- 00 r r n n m N N N N N en m el
0- r C M r- 0 O P M r P C M M r m .O m n M O m tee P m m O r O r m r W r .O r .O r r .0 N N N N N e O P r
.O NN MNCr-4VOUerm m'- P- toe er-M i--: r-- r-: .r: r rr nO CO NOr rr Nn4O0�
eM n Ooirmr enCA0N^.OPeeNNe-eviC e-Pei OC morNNNNe00,
en _ - .- Ne C _-
eCOC
r
co
U
rV
r P r P r el e C .O r-
, 00 M
N N O- r C rn V o r .O
n e M 00 C m r m m
e M N - M N
237.73
eU
Z
0 en ,
'0 a .o rr
-
en
M
v, C
S
0 00001 P n
0 00 P kn V e Vi e r M P .O
Orn a vi CNO 4 m .O a 0j
N e
en
m
Lei
M
_,
e ❑
r- a. co a b b-6 m M en
r en .p O o r o 0 M 001 m M vei e
_ - r .6 .6 .6 .6 .6 o > M
or -
0
r
n
IX
M 0
N N N N N
en 01 .O r el r r n r on .0 - N r e .0 C e P 0. b .0 a .O N n n n M M '0 d-
0. 00 Nev1 r.0 en en Mr.D en 00 - Ct. r0. P.O- et, 0-CMNNNNN e0r
.O r r C- N n n b O- O O e m C 6 r O r O O O r M r M M n ^ O- e v1 N e r r r r r O'n O
n r r N N N- - N n e M C ten M- .O - C N
930.57
L0r
N VP_-
a
N N N N N
O. n M r P In vl kn in 00 m- N r 0 0 0 0 .a
. Om m.Om N'O.O00 CO t-- 00 ' - n r r r
r e- NM nnnn cc --n v'. r r in r0. P r. 000 r O 00 r O O O 0. 00_ 0000 Cnr nmmm W mOOam
M N C N N n C m C P m a. a O. N n
1472.51
1
Tract
- N en ,e1 r .OrmCr, 0 -el re) e r.OrmO.O-el re) er.DrmC0-N mer,0rmPO-.col n -co) rn or., r .0 r- 00
N N N N N N N N N N n M rn M M rn M n rn e e e e. ' ' ' ' eCeee e e e
eeee C
EXHIBIT "B" 9
Note: Using 2.39, 5.97, 11.35 and 5.91 factors.
97NH0920.212
Exhibit B
11111 111
u otioVee
\ t'V I -a0-c0
.M.7 ai:Ct:ro
ni hghicoo ,A
al • SER
W 1—
ti
Lu
i
1111IIIIIIIIIIIIII
Exhibit B
Any provision herein rhkh retiob the Sohl, Renes or no
of �th�e dercribed REAL lionditag f ea $ybNeprs�R of jReoe, Color,
ineeed.nd u seder FECEFIY. LAM, a° et
STATE OF TEXAS
COUNTY OF NUECES
I hereby certifythetfis ImwmeetmlRfDIeFbtteeW
Seeuence on the date and et the time stimpad herein y Se, uS
was duly RECORDED, in the WNW Vehdc aeree* IN
Nueces County, Texas
0-
c/6
COUNTY CLERK
NUECES COUNTY, TEXAS
City of Corpus Christi
1201 Leopard Street
P. O. Box 9277
Department of Engineering Services
PROPERTY& LANDACQUISITION DIV.
Corpus Christi, Texas 78469-9277
Dote 1997017041
N Pages: 12
Date a 05-08-1997
Time : 04:17:36 P.M.
Filed & Recorded in
Official Records
of NUECES County, TX.
ERNEST M. BRIONES
COUNTY CLERK
Rec. i 31.00