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Ordinance exempting Heines Substation located at the Northwest corner of
Holly Road and Ennis Joslin Alignment from the payment of wastewater
acreage fees under Section 8.5.2.G.1 of the Unified Development Code;
requiring a sanitary sewer connection agreement.
WHEREAS, Heines Substation located at the northwest corner of Holy Road and Ennis
Joslin Alignment 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 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 to City Council 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 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. It is determined that Heines Substation located at the northwest corner
of Holy Road and Ennis Joslin Alignment 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 or 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 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.
031680
SCANNED
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.
That the foregoin ordinance was read for the first time and passed to its second reading on this
the day of. 019, by the following vote:
Joe McComb I .A t Michael Hunter / ,,
Roland Barrera 1 $/ Ben Molina /
Rudy Garza 111W Everett Roy 4111A
Paulette M. Guajardo 1. .1 / Greg Smith IP.
Gil Hernandez �' / I
That the foregoing ordinance was read for the second time and passed finally on this the
day ofllowing vote:019, by the following U�LU'I
Joe McComb ,Y..! Michael Hunter Glii(ylw-
Roland
Barrera g 4 i Ben Molina I !
Rudy Garza I,,! Everett Roy i !
Paulette M. Guajardo 0,i: Greg Smith
______Odz...
Gil Hernandez
1
,
I 1
PASSED AND APPROVED on this the 11 day of ' I 0 0 ' , 2019.
ATTEST: I d
l ,, 0, a_
Rebecca Huerta se cComb
City Secretary ay►r
() 3168U 1
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 American Electric Power, 1 Riverside Plaza,
Columbus, Ohio 43215 hereinafter called "Developer/Owner".
WHEREAS, Developer/Owner in compliance with the City's Unified
Development Code, has submitted the plat for Heines Substation, Located at the
Northwest corner of Holly Road and Ennis Joslin Alignment and, 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.
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 HEINES SUBSTATION, 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.
EXECUTED original, this LS" day of �aAvar1 2019.
DEVELOPER/OWNERS:
---C) ----1 4'7JC) Iltot----./(
P. Todd Ireland
American Electric Power
OH ID
STATE OF TEXAS §
FRANKLIN §
COUNTY OF ECES §
Thisinstrumentwas acknowledged before me on this �S , day of
o...Kv._°ry , 2019, by P i aokok TYe.t0.tia,
,, nIL
4),,"•--- f,,Its-)Az-vaA.,-
,- -... .. A �� •°s i No ry Public, State of Texas
Sanitary Se -RC . . e !Heines Subst. - h Page 2 of 4
CITY OF CORPUS CHRISTI:
Nina Nixon-Mendez, FAICP
Director of Development Services
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2019,
by , Director of Development Services for the
City of Corpus Christi, Texas.
Notary Public's Signature
APPROVED as to form:
Buck Brice
Assistant City Attorney
For City Attorney
Sanitary Sewer Connection Agreement
Heines Substation Page 3 of 4