HomeMy WebLinkAbout030029 ORD - 12/10/2013Page 1 of 2
ORDINANCE
EXEMPTING KITTY HAWK SUBDIVISION UNIT III, A SUBDIVISION
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!!! ( "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.G.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!!! ( "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.G.1 of the Unified Development Code of the City of Corpus Christi.
SECTION 2. The exemption from the payment of wastewater lot/acreage fees,
pursuant to Section 8.5.2.G.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.
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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 forego g ordinance as read fo the fi t time and passed to its second reading on
this the 11 1'-day of Q , 20 , by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
The foreg ing ordinance p as read °e d fpr the second ti and passed finally on
this the (0) --day of , 20, by the following vote:
l
1
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED this the day of
ATTEST:
Armando Chapa
City Secretary
0.
Nelda Martinez
Mayor
K1 DEVELOPMENTSVCS >,SHARED1LEGISTAR12013 CC AGENDA (ITEMS 11- 19.20131KITTY HAWK a+11WASTEWATER EXEMPTION KITTY HAWK UNIT
111 ORDINANCE DOC
I (1. 9
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 III, 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 111
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 Ili, 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 an
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 111
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 III
Page 4
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