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HomeMy WebLinkAbout028778 ORD - 09/14/2010ORDINANCE EXEMPTING KATHERINE ESTATES SUBDIVISION, FROM THE PAYMENT OF WATER AND WASTEWATER LOT AND ACREAGE FEES PURSUANT TO SECTIONS V.B.5.k) and 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, Katherine Estates Subdivision, is located approximately 2 miles outside the City limits, west of County Road 47 and north of County Road 22, approximately 0.75 miles south of FM 43 (Weber Road) and one mile west of SH 286 (Chapman Ranch Road) and is not currently served by the City water or wastewater system; WHEREAS, the owners, Santos and Alma Garza, have submitted a written request that the Subdivision be exempt from the payment of water and wastewater lot and acreage fees based on the determination that it is not likely that the area will be served by the City water or wastewater system within the next fifteen (15) years; WHEREAS, based on Sections V.B.5.k.) and V.B.6.I) 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 water or wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of water and 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 Katherine Estates Subdivision which is located approximately 2 miles outside the City limits, west of County Road 47 and north of County Road 22, approximately 0.75 miles south of FM 43 -(Weber Road) and one mile west of SH 286 (Chapman Ranch Road), is not likely to be served by City water or wastewater service within the next fifteen (15) years and is therefore exempt from the payment of water and wastewater lot and acreage fees at this time, pursuant to Sections V.B.5.k.) and V.B.6.1) of the Platting Ordinance of the City of Corpus Christi, SECTION 2. The exemption from the payment of water and wastewater lot and acreage fees, pursuant to Sections V.B.5.k.) and V.B.6.I) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: € 28778 INDEXED 1) That the owner/developer of the Subdivision enter into a Water and Sanitary Sewer Connection Agreement (Completed Agreement attached as exhibit "A"); and 2) That the Water and Sanitary Sewer Connection Agreement require payment of the water and/or wastewater lot and acreage fees if water and/or wastewater services become available to the property; and 3) That the Water and Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat; and 4) That the Water and 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 Joe Adame City Secretary Mayor APPROVED on September 8, 2010. By: , AE/. fti D6 rah Walther Brown Assistant City Attorney For City Attorney Corpus Christi, Texas Day of r , 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 Adafine 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 —43/1— Mark Scott —/241 028778