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HomeMy WebLinkAbout028777 ORD - 09/14/2010ORDINANCE EXEMPTING VICHA ESTATES, BLOCK 1, LOT 1, FROM THE PAYMENT OF WASTEWATER LOT AND ACREAGE FEES PURSUANT TO SECTION V.B.6.I) OF THE PLATTING ORDINANCE; REQUIRING THE OWNER/ DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: WHEREAS, Vicha Estates, Block 1, Lot 1 is not currently served by the City wastewater system; WHEREAS, the owner/developer, Mitchell and Courtney Vicha, have submitted a written request that the subdivision be exempt from the payment of wastewater lot and acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section V.B.6.1) of the Platting Ordinance of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the subdivision be exempt from the payment of wastewater lot and acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Vicha Estates, Block 1, Lot 1, is not likely to be served by City wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot and acreage fees at this time, pursuant to Section V.B.6.I) of the Platting Ordinance of the City of Corpus Christi, SECTION 2. The exemption from the payment of wastewater lot and acreage fees, pursuant to Section V.B.6.I) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: 1) That the owner/developer of the subdivision enter into a Sanitary Sewer Connection Agreement (Completed Agreement attached as exhibit "A"). 2) That the Sanitary Sewer Connection Agreement require payment of the wastewater lot and acreage fees if wastewater services become available to the property. 028777 INDEXED 3) That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. 4) That the Sanitary Sewer Connection Agreement and covenants contained therein, are covenants running with the land. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 14th day of September, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED on September 8, 2010 By:�- /v'c Deb ah Walther Brown istant City Attorney For City Attorney Joe Ada e Mayor Corpus Christi, Texas /4/ " Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adacl4e6411a'4A6 me Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Ausz 028777