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HomeMy WebLinkAbout031298 ORD - 11/14/2017 ORDINANCE EXEMPTING OSO GEORGE VILLAGE UNIT 2, LOCATED NORTH OF YORKTOWN BOULEVARD AND WEST OF ROCHER ROAD, FROM THE PAYMENT OF THE WASTEWATER LOT OR 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, Oso George Village Unit 2, located north Yorktown Boulevard and west of Rocher Road 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 or 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, the Planning Commission recommend the City Council that the area is not likely to be served by the City wastewater services within the next fifteen (15)years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Oso George Village Unit 2, The Mostaghasi Investment Trust("owner"), the Planning Commission recommends the City Council to approve the applicant's request to waive wastewater lot or acreage fees in the accordance with 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 or 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 hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or 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. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. M 1DEVELOPMENTSVCS\SHAREDLLEGISTARL2017 CC AGENDA ITEMSN 1.7.201POSO GEORGE PHASE 2 WV/FEE EXEMPTION\DO NOT UPLOADIOSO GEORGE VILLAGE UNIT 2 ORDINANCE DCC 031298 INDEXED That the foregoing ordinance wap-Lead for the first time and passed to its second reading on this the Il 'day of ek,(undi 2017, by the following vote: Joe McComb __4_ Ben Molina _Le_ Rudy GarzaLucy Rubio At Paulette Guajardo a ,• Greg Smith b, f Michael Hunter i_ ,/ Carolyn Vaughn Debbie Lindsey-Opel a A...4 . I That the regoing ordinance was read for t a second time and passed finally on this the 1 't�"day of 111 p V 7, by the following vote: Joe McComb t I / Ben Molina , .4€4. - ___ie2 Rudy Garza ILucy Rubio Paulette Guajardo W ; Greg Smith Michael Hunter all 1 Carolyn Vaughn IAAJ! Debbie Lindsey-Opel � t PASSED AND APPROVED on this the 17- day of 01 17. ATTEST: 1--cD _L-Cttr-ik: /(_S2Att 6. A' I/1 4 L'(-'°-1''''-6'-- Re ecca Huerta Jo- cComb City Secretary ayor K:IDEVELOPMENTSVCS\SHAREDILEGISTAR12017 CC AGENDA ITEMS\11-7-20171OSO GEORGE PHASE 2 WW FEE EXEMPTION\DO NOT UPLOAD\OSO GEORGE VILLAGE UNIT 2 ORDINANCE.DOC i3129 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 The Mostaghasi Investment Trust, 8026 Bar Le Doc Dr, Corpus Christi, Texas 76414 hereinafter called "Developer/Owner. WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Oso George Village Unit 2, Located northeast of intersection Yorktown Blvd and Roscher Rd., hereinafter called 'Development," (Exhibit 1); and, WHEREAS,wastewater construction plans and construction are a requirement of the plat, and WHEREAS, 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. Page 1 of 6 Sanitary Sewer Connection Agreement Oso George Village Unit 2 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 OSO GEORGE VILLAGE UNIT 2, 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. Page 2 of 6 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 3 EXECUTED original, this j day of Ce. ---, 2017. • :VELOPER/OWNERS: \ , Ui/ Hossei"*'aghasi, Owner STATE OF TEXAS § COUNTY OF NUECES § This instr n was acknowledged b=o thi , day of 2017, by . —184 • po,r. ,,,,..-:,',..;:..\ YVONNE Ml1NOZ > No .ry Pub' , Sta - of -xas +/`� ' lD# 12465834-3 { �� } Notary Public N. ,1., ./. / STATE OF TEXAS „yV;h' My Comm Exp 08 22-2019 .- vv v v v v v v v v A. Page 3 of 6 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 4 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta William J. Green P.E. City Secretary Development Services Interim Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State Of Texas APPROVED as to form: By: Buck Brice Assistant City Attorney For City Attorney Page 4 of 6 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 5 N , ' z D �' u- U o- 0. \ 1—:-.., L ; i X- 0 L. 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