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Home My WebLink About031447 ORD - 06/12/2018 Ordinance exempting lot 1, block 1, STEPS Terminal from payment of wastewater lot or acreage fees conditioned upon a Sanitary Sewer Connection Agreement WHEREAS, lot 1, block 1, STEPS Terminal located west of Manning Road and north of State Highway 44 is not currently served by the City wastewater system; and 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; and WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommends to the City Council that the development is not reasonably accessible to a public wastewater facility of sufficient capacity, and 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 Rangeland Products Terminals, LLC ("owner"), lot 1, block 1, STEPS Terminal is exempt from 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. b. 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. SECTION 3. The City Council authorizes the City Manager or designee to execute the Sanitary Sewer Connection Agreement on behalf of the City of Corpus Christi. A copy of the Agreement is on file in the Office of the City Secretary and incorporated herein to this Ordinance for all purposes. C'\Users\Alyb1AppDala\Roaming\L5\Temp\b93914c2-90084694-gUJl cy,5.gesgb�11911.cloc 44 I INDEXED That the foregoing ordinance was read for the first time and,passed to its second reading on this the R'\C'day of 1 --1A. , 20 I , by the following vote: Joe McComb Ben Molina --014,_ Rudy Garza ___431Everett Roy I . , / Paulette Guajardo 1 ±A; Lucy Rubio i I , Michael Hunter / 1AI Greg Smith II' i Debbie Lindsey-Opel CU,4.Qt ' That the foregoing ordinance was read for the second tirn,e and passed finally on this the ) day of , 20 1 , by the following vote: Joe McComb .4/.— Ben Molina 1 Rudy Garza L.! Everett Roy Paulette Guajardo 1u Ai Lucy Rubio J! 1 % / , Michael Hunter lA.A Greg Smith opIDebbie Lindsey-Opel 0 PASSED AND APPROVED this the � L day of A , 20 18 . ATTEST: CITY 0 CORPUS CHRISTI i (41 (A4?-14/4_/— Re•ecca Huerta Jo cComb City Secretary May r C:1Users\Alyb\AppData\Roaming\L51Temp\b93914c2-9c08-469d-ac95-de8bbd4e0971.doc X3144 SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § § COUNTYOFNUECES § 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 Rangeland Products Terminals, LLC, 2150 Town Square Place, Ste. 700, Sugar Land, TX 77479, hereinafter called "Developer/Owner". WHEREAS, Developer/Owner, in compliance with the City's Unified Development Code, has submitted the plat for STEPS Terminal Block 1, Lot 1, 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 Developer/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. City agrees. 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations. Sanitary Sewer Connection Agreement STEPS Terminal Block 1. Lot 1 Page 2 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 STEPS TERMINAL BLOCK 1, LOT 1, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreement and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk, 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 STEPS Terminal Block 1, Lot 1 Page 3 EXECUTED original, this Z3 dday of _R p , 2018. DEVELOPER/OWNER: Rangeland Products Terminals, LLC 2150 Town Square Place, Ste. 700 Sugar Land, TX 77479 • AZ-6;m- Robert F. Singleton Senior Vice President STATE OF TEXAS § COUNTY OF t or 1- e § nd § This instrument was acknowledged before me on thisrd 23 , day of ' r 1 _ , 2018, by ADbtrr $tn1i!toe 6_331 ma, Notary Public, State of Texas r Penny Pennington 1. MY Commission Expires 03/06/2022 % ID No.131/74000 Sanitary Sewer Connection Agreement STEPS Terminal Block 1, Lot 1 Page 4 APPROVED: This day of , 2018 By: Nina Nixon-Mendez Director of Development Services City of Corpus Christi THE STATE OF TEXAS § COUNTY OFNUECES § This instrument was acknowledged before me on , 2018, by Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: ---- -By Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement STEPS Terminal Block 1, Lot 1 Page 5 ,. • • ill.I I; • • 41e- z cc IQ I— (/) (.1 • • LU 11...Ica EXHIBIT i - PACE I Sanitary Sewer Connection Agreement STEPS Terminal Block 1, Lot 1 Page 6 i I 4 . . E b IW a n • � R 2. s `• .1tt9az 3.6S:L100 S �o.4 J.:, , ,9P11YZ 3.6C.i1O0 S 3 3 a .3 V il R • i la • o• � ii e e s ^+ S141 33saa 7 \ • .ta'90L, 3-"Pi" S ---..--------,-'•• —`_ __---_� f .,6'09 .[ 0, 3 ,1.00 S � i N 8- oe i \ JL : _e EXHIBIT I - PAGE 2