HomeMy WebLinkAbout033442 ORD - 08/20/2024Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement
Agreement up to $365,028.94 with MPM Development to construct a required
wastewater trunk line for the proposed residential development related to Royal
Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd
intersection; and authorizing future transfer and appropriation of Water and
Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in
accordance with the agreement. (District 1).
WHEREAS, the Developer/Owner, in compliance with the City's Unified Development
Code ("UDC"), has a plat, approved by the Planning Commission on November 1, 2023, to
develop a tract of land, approximately 20.26 acres known as Royal Oak South Subdivision;
WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the
15-inch Wastewater Trunk Line ("Wastewater Improvements");
WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the
Developer/Owner's costs for the construction of Wastewater Improvements;
WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be
constructed to its ultimate capacity under the City's applicable Master Plan; and
WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas
Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of
any private corporation or association, or make any appropriation or donation to the same, or in
anywise loan its credit;
WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the
assets and future assets of the trust are sufficient for such purpose and that any judgement will
only be satisfied out of the assets of the trust and not out of the City's assets and the City is
excluded from personal liability;
WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to
fully reimburse Developer/Owner for Wastewater Improvements under the Agreement;
WHEREAS, a construction and reimbursement agreement must be approved by the City Council
before the developer starts construction. Reimbursement only shall be made when monies are
available in and appropriated from the Wastewater Trunk System Trust Fund. The order of the
reimbursement will be determined according to the date construction and reimbursement
agreement is approved by the City Council;
WHEREAS, the Agreement approved herein will be first in line in the order for reimbursement
from the Wastewater Trunk System Trust Fund based on the date the agreement is approved by
the City Council per UDC 8.5.3.E; and
WHEREAS, If the developer is owed funds from the Wastewater Trunk System Trust Fund
reimbursement shall be made as funds are deposited into the trust fund from other development
and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final
plats filed with the County Clerk per UDC 8.5.3.E.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute a Sanitary Sewer
Trunk Line Construction and Reimbursement Agreement ("Agreement"), attached hereto,
with MPM Development ("Developer"), for the extension of a 18-inch wastewater line,
including all related appurtenanc s the development of Royal Oak South Subdivision,
Corpus Christi, Nueces County, Texas.
SECTION 2. In the event of a project delay, the City Manager or designee is authorized to
execute an extension of the agreement for a period not to exceed a period of 24 months.
SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water
Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and
Wastewater Collection Line Trust Fund to the No.4220-21800-777 Wastewater Trunk System
Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d,
8.5.2.E.1.d, and 8.5.2.E.2.d, until $365,028.94 is appropriated in accordance with this ordinance.
SECTION 4. The City Manager or designee is authorized to appropriate $365,028.94 from
the No.4220-21800-777 Wastewater Trunk System Trust Fund as funds become available to
reimburse the Developer for the wastewater trunk system construction and improvements in
accordance with the Agreement, this ordinance, and the UDC.
SECTION 5. This ordinance takes effect upon passage.
Introduced and voted on the day off , 2024.
D and APPROVED on the PCM day of A` . , 2024.
ATSEST:
Paulette Guajardo, May
Rebecca Huerta, City Secretary
033 442
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money
required for the current fiscal year's portion of the contract, agreement, obligation or
expenditure described below is in the Treasury to the credit of the Fund specified below, from
which it is to be drawn, and has not been appropriated for any other purpose. Future payments
are subject to annual appropriation by the City Council.
City Council Action Date: 08/13/2024 LegistarNumber:
14---1311
Agenda Item:
Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to
$365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed
residential development related to Royal Oak South subdivision located south of the Chisolm Trail and
Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and
Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the
agreement. (District 1).
Amount Required: (Amount to be Certified) $365,028.94
Fund Name
Accounting Unit
Account No.
Amount
Sanitary Sewer Trunk Main
Trust Fund as fund become
available (Future Revenues)
4220-21800-777
540450
$365,028.94
TOTAL
$365,028.94
❑ Certification Not Required
Director of Financial Services
Date: