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HomeMy WebLinkAbout030028 ORD - 12/10/2013Page 1 of 2 ORDINANCE EXEMPTING KITTY HAWK SUBDIVISION UNIT II, A SUBDIVSION LOCATED SOUTH OF SOUTH STAPLES STREET (FM 2444) AND EAST OF COUNTY ROAD 41, FROM THE PAYMENT OF WASTEWATER LOT /ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Kitty Hawk Subdivision Unit II ( "Subdivision ") is located south of South Staples Street (FM 2444), east of County Road 41 and is not currently served by the City wastewater system; WHEREAS, the owner /developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot/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 8.5.2.0.1 of the Unified Development Code 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/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 the Kitty Hawk Subdivision Unit II ( "Subdivision ") is located south of South Staples Street (FM 2444), east of County Road 41, 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/acreage fees at this time, pursuant to Section 8.5.2.0.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.0.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner /developer compliance with the following: a. That the owner /developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached as Exhibit "A" b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot/acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. 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. INDEXED Page 2 of 2 d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. The foregoi ordinance s read for the first time and passed to its second reading on this the �� 'day of ' , 20 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The forego' ordinance s r- ad for the second time and passed finally on I this the ay of I. j 0 ,ti■AZi' , 20 II, by the following vote: Nelda Martinez W. 9 f Kelley Allen 11 Rudy Garza IT4 4 f W i Priscilla Leal , l� David Loeb i 9 d 10P- Chad PASSED AND APPROVED this the day of Magill Colleen McIntyre Lillian Riojas Mark Scott ATTEST: Nelda Martinez Mayor CAUSERS HOLLr itAPP® ALAIROAMING1L51TEOJIP5CP2E5 AF4A D971ABEE :9.8294-02!'iY_'F9F9D9000.©OC 030 SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Kitty Hawk Development Ltd., 8230 S. Staples Street, Corpus Christi, TX 78413 hereinafter called "Developer /Owner ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for Kitty Hawk Unit II, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers /Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer /Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Kitty Hawk Unit II Page 2 City agrees: 1. to allow property to use on -site wastewater treatment in compliance with State and local regulations. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF KITTY HAWK UNIT II, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer /Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement Kitty Hawk Unit 11 Page 3 EXECUTED IN DUPLICATE originals, this _ day of , 2013. DEVELOPER/OWNER: Kitty Hawk Development Ltd. 8230 S. Staples Street Corpus Christi, TX 78413 John P. Bratton, General Manager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this , day of , 2013, by John P. Bratton, General Manager, Kitty Hawk Development Ltd. Notary Public, State of Texas APPROVED: This day of , 2013 By: Renee Couture, P.E. Development Services Engineer APPROVED as to form: By:. Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Kitty Hawk Unit 11 Page 4 ra1109 gftil 0 Iwu 0111111111 112 I I 1111111, 11111111111111,1' v.. 1.0 III 11111111111111111 11111 2.Cd'!4e8' 11/ gral EX B IT 1 MIDEVIELOPMEINTSVCSZPIIAREDILEOSTARS2013 CC AGENDA IITIEKSM-19-MINVIrrir 11-11AVIMIK IIRSAMTARY SEWER comeCTIION AGREEmurrxmry 11..IAWK 'U1,111 2..00C