HomeMy WebLinkAboutC2023-313 - 12/12/2023 - Approved MUNICIPAL SERVICE PLAN AGREEMENT
FOR A 84.368 ACRE TRACT OF LAND, AND BEING PART OF SECTIONS 2, 3, 4, 10 AND 11, OF
THE LAURELES FARM TRACT, A SUBDIVISION RECORDED IN VOLUME 3, PAGE 15 OF THE
MAP RECORDS OF NUECES COUNTY, TEXAS
This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the
City of Corpus Christi ("City"'), and LM&JM Investments, LLC ("Landowner"), both of which may be
referred to herein singularly as "Party" or collectively as the "Parties."
WHEREAS, the Landowner has requested that the City consider annexation of a tract of land
totaling approximately 84.368 acres of land situated in Nueces County, Texas, as specifically described
attached as Exhibit "A" ("Subject Properly"), which is attached hereto and incorporated herein for all
purposes;
WHEREAS, the City intends to institute annexation proceedings for the "Subject Property";
WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the
provision of services in the area first be entered into between the City and Landowner of the Subject
Property prior to annexation;
WHEREAS, the City and the Landowner agree each will benefit from the City's development
restrictions and zoning requirements, as well as other municipal services provided by the City which
are good and valuable considerations for the Landowner to request annexation and for the Parties to
enter into this Agreement for the City to provide the listed services upon annexation and in accordance
with this Agreement;
WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this
Agreement will not provide any fewer services or a lower level of services in the annexation area than
were in existence in the annexation area at the time immediately preceding the annexation process.
The service agreement will provide the annexed area with a level of service, infrastructure, and
infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure
maintenance available in other parts of the municipality with topography, land use, and population
density similar to those reasonably contemplated or projected in the area.
WHEREAS, it is found that all statutory requirements have been satisfied and the City is
authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
hereto agree as follows:
Section 1. Recitals
The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and
correct and are hereby adopted by the Parties and made a part hereof for all purposes.
SCANNED
Section 2. Services to be Provided
The following service list represents the provision of services agreed to between the landowner of the
Property and the City establishing a program under which the City will provide municipal services to the
Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a
level consistent with services levels provided to other similarly situated areas within the City.
a. General Municipal Services.
The following services shall be provided immediately from the effective date of the annexation:
(1) Police Protection:
Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police
protection.
(2) Fire Protection:
Services to be Provided: The Corpus Christi Fire Department will provide fire protection and
suppression through its existing fire stations.
(3) Emergency Medical Service:
Services to be Provided: The Corpus Christi Fire Department will provide emergency medical
services.
(4) Solid Waste Collection:
Services to be Provided: After the effective date of annexation, the City of Corpus Christi will
provide solid waste services to single-family residential customers directly or indirectly through
a third-party contract.
Commercial garbage collection service for businesses and multi-family residences is available
on a subscription basis from private service providers. The City of Corpus Christi will allow
commercial refuse collectors to continue providing this service to condominium complexes,
multi-family apartments, and commercial and industrial establishments.
(5) Water Service:
Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience
and necessity ("CON") for the annexation area.
Services to be Provided: The City of Corpus Christi will continue to provide water service to the
annexed area. In accordance with the applicable rules and regulations for the provision of water
service, water service will be provided to the Subject Property, or applicable portions thereof, by
the utility holding a water CCN for the subject property or portions thereof (the "CON holder")
and, as applicable, the utility providing wholesale or retail water service to said CCN holder.
Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof
as applicable, is located, the extension of water service will be provided in accordance with all
the ordinances, regulations, and policies of the City.
(6) Wastewater Service:
Existing Services: Currently, the annexation area lies outside a wastewater certificate of
convenience and necessity ("CON").
Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject
property, or portions thereof as applicable, is located, the extension of wastewater service will
be provided in accordance with all the ordinances, regulations, and policies of the City. When
areas are not reasonably accessible to a public wastewater facility of sufficient capacity as
determined by adopted City wastewater standards, individual aerobic system or individual
wastewater treatment plant will be utilized in accordance with all the ordinances, regulations,
and policies of the City.
(7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the
Service Area of Another Water or Wastewater Utility:
Water and wastewater service will be provided in accordance with the Corpus Christi Unified
Development Code, Utility Department Policies and engineering standards and provided the
service is not within the certificated service area of another utility through existing facilities
located within or adjacent to the area. Any and all water or wastewater facilities owned or
maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall
continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater
facilities that may be the property of another municipality or other entity shall not be maintained
by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of
Corpus Christi. The current water line mains at their existing locations shall be available for point
of use extension based upon the current City's standard water extension policies now existing
or as may be amended.
On-site sewage facilities may be allowed contingent upon the property owner meeting all city,
county, state and federal requirements.
(8) Operation and Maintenance of Roads and Streets, including Street Lighting:
The City will maintain public streets over which the City has jurisdiction. Roads, streets or
alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which
are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and
extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads,
streets and alleyways shall be maintained by the applicable utility company servicing the City
unless the lighting facility has been dedicated to the public, in which case the City will be the
operator.
(9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Currently there are no public recreational facilities in the annexation area including parks,
playgrounds, or swimming pools. Any park that may be under the responsibility of the County
will be maintained by the City only upon dedication of the park by the County to the City and
acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or
swimming pools within the annexation area, an appropriate City department will provide
maintenance services.
(10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or
Service:
Currently there are no such other publicly owned facilities, buildings, or services identified. If the
City acquires any publicly owned facilities, buildings, or services within the annexation area, an
appropriate City department will provide maintenance services.
(11) Planning and Zoning Services:
Existing Services: Subdivision planning services currently provided when plats are submitted
for City review.
Services to be Provided: The City will impose and enforce zoning, subdivision development, site
development and building code regulations with the Annexed Area upon the effective date of the
annexation. Enforcement will be in accordance with City ordinances. Development plans and
plats for projects within the Annexed Area will be reviewed for compliance with City standards.
The use of land in a legal manner may continue in accordance with Texas Local Government
Code §43.002.
(12) Other Municipal Services:
City recreational facilities, including parks and library, will be available for use by landowners or
residents of the Annexed Area on the same basis as those facilities are available to current City
landowners and residents. City residents receive program preference for some City programs.
Excluding gas and electric services, other City services including Animal Control, Code
Enforcement, Municipal Court and General Administration services will be also be available to
landowners and residents in the Annexed Area on the same basis those facilities are available
to current City landowners and residents.All other services contemplated herein will be available
upon the effective date of annexation.
b. Capital improvements.
No additional capital improvements are necessary at this time to service the Subject Property in the
same manner as similarly situated properties. Upon development of the Subject Property or
redevelopment, the Landowner will be responsible for the development costs the same as a developer
in a similarly situated area under the ordinances in effect at the time of development or redevelopment.
Capital improvement acquisition or construction will occur in accordance with applicable ordinances
and regulations and the adopted capital improvement plans of the City, as may be amended.
(1) Water and Wastewater Facilities: Water and Wastewater infrastructure and
improvements will be constructed by the Landowner or Landowner's developer according to the
Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's
master plans, as may be amended.
(2) Roads and Streets: Road and street infrastructure and improvements will be constructed
by the Landowner or Landowner's developer according to the Corpus Christi Unified
Development Code, City's design standards, and City's master plans, as may be amended.
In general, the City will acquire control of all public roads and public streets within the annexation
area upon annexation. Future extensions of roads or streets and related facilities, such as traffic
control devices, within the City limits will be governed by the City's standard policies and
procedures.
(3) Street Lighting: Street lighting in new and existing subdivisions will be installed and
maintained in accordance with the applicable standard policies and procedures.
4
Section 3. Schedule of Services
In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated
by this Agreement and a schedule for future services as contemplated by Texas Local Government
Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective
date of annexation.
Section 4. Level of Service
Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to
each area of the City, including the annexed areas, if different characteristics of topography, land use,
and population density are considered a sufficient basis for providing different levels of service.
The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in
type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi,
Texas, who reside in areas of similar topography, land utilization and population density.
Section 5. Vested Rights Claims.
This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245.
Section 6. Effective Term
The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is
effective upon execution by the City.
Section 7. Force Majeure
In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the
City is forced to temporarily divert its personnel and resources away from the annexation area for
humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable
measures to restore services to the annexation area of the level described in this Agreement as soon
as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy,
war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods,
washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions
and other inability of the City, whether similar to those enumerated or otherwise, which is not within the
control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes
of this Agreement.
Section 8. Legal Construction.
If any provision in this Agreement is for any reason found to be unenforceable, to the extent the
unenforceability does not destroy the basis of the bargain among the parties, the unenforceable
provision will not affect any other provision hereof, and this Agreement will be construed as if the
unenforceable provision had never been a part of the Agreement. Whenever context requires, the
singular will include the plural and neuter include the masculine or feminine gender, and vice versa.
Headings on this Agreement are for reference only and are not intended to restrict or define the text of
any section. This Agreement will not be construed more or less favorably between the Parties by reason
of authorship or origin of language.
Section 9. Amendment and Modifications.
This Agreement may be amended or modified only in a written instrument that is executed by both the
City and the landowner or landowners after it has been authorized by the City Council.
Section 10. Effect of Future Laws.
No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement.
Section 11. Venue and Applicable Law.
Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under
and in accordance with the laws of the State of Texas.
Section 12. Counterparts.
This Agreement may be executed in any number of counterparts with the same effect as if all signatory
Parties had signed the same document. All counterparts will be construed together and will constitute
one and the same instrument.
Section 13. Entire Agreement
This Agreement contains the entire agreement between the Parties relating to the rights herein granted
and the obligations herein assumed and cannot be varied except by written agreement of the Parties.
Any oral representation or modification concerning this instrument shall be of no force and effect except
for any subsequent modification in writing, signed by the Party to be charged.
Section 14. Binding Effect/Authority
This agreement binds and inures to the benefit of the Parties and their respective heirs, successors,
and permitted assigns. Each party further warrants that each signatory to this agreement is legally
authorized to bind the respective individual or entity for the purpose established herein.
6
CITY OF CORPUS CHRISTI LANDOWNER
gy. y: XALlAtiei1/4-e r Zano , kulencak, Manm c er/Owner
City Manager LM&JM Investments, LLC
I26/ 23 1 / a9 -�3
Date: Date:
APPROVED AS TO FORM: ATTEST: tAt4‘
RE ECCA HUERTA
✓V / L i p CITY SECRETARY ' ` -�
By:
Buck Brice
Deputy City Attorney
for the City Attorney
O 'O 5 AUTHORIZED
BY COUNCIL i a-13.-23
ilt\I5o
SECRETARY
7
EXHIBIT A
METES AND BOUNDS
DESCRIPTION OF A
84.368-ACRE TRACT PROPOSED ANNEXATION
STATE OF TEXAS S
COUNTY OF NUECES S
Being an 84 368-acre tract of land,and being part of Section 11.of the laureles Farm Tract a subdivision
recorded in Volume 3.Page 15 of the Map Records of Nueces County,Texas also being in the R'ncon De
Corpus Christi Grant.Abstract No.411. Nueces County.Texas and being more particularly described by
metes and bounds as follows.
COMMENCING at a cotton spindle found in the centerline of the right-of-way of County Road 22.said
cotton spindle being in the south line of a called 306 704-acre tract of land conveyed to Corpus Chnsti
Island Apartment Villas Management Group,LIC,by deed recorded as Document No.2022034325 of the
Official Records of Nueces County.Texas,
THENCE South 0'5010'East for a distance of 2000 feet more or less,to a point in the south right-of-way
line of the 4000 foot wide County Road No 22 right-of-way for the POINT OF BEGINNING of the herein
described tract.
THENCE with the east line of the herein described tract same being the west boundary line of that called
80.00-acre tract of land conveyed to Superior H&H Development LLC as recorded in Document Number
2021-010174 in the Official Public Records of Nueces County,Texas South 0'50'10'East.for a distance of
260087 feet more or less to a point in the north right-of-way 6ne of a 40.00 foot wide public right-of-way
called County Road No 22A
THENCE with the north right-of-way line of County Road No 22A and the south line of the herein described
tract South 89'14'41`West for a distance of 1.414 36 feet more or less,to a found 5/B+rich iron rod with a
cap marked"(MISTER"in the east boundary line of a called 40 00-acre tract of land conveyed to Melissa
Flores,as recorded in Document No 2005039814 in the Official Public Records of Nueces County.Texas,
said point also being the southwest corner of the herein described tract
THENCE with the east boundary line of said 4000-acre tract and the west boundary line of the herein
described tract,North 0'50'09'West for a distance of 2,596.46 feet more or less to a point in the south
right-of-way line of aforementioned County Road No 22.sad point being the northwest corner of the
herein described tract
THENCE with the south right-of-way line of said County Road No 22,same being the north boundary line
of the herein described tract North 89'10'38" East for a distance of L41410 feet to the POINT OF
BEGINNING,containing in total 84.368-acre of land,more or less
Pus survey description is based on a survey made under my supervision in February 2023 It is true and
correct to the best of my knowledge and belief Bearings and coordinates are based on the Texas State
Plane Coordinate System,South Zone.NAD 83
n D Mercer,RDLS Dt n;• R
John mercer@lynngroup.com ice*.
Texas No 1924 e!
•
Surveyor Firm No.10116600
Date:November 29,2023
Job No.37003
8
0,
PROPOSED ANNEXATION
OF MPM DEVELOPMENT. LP. COPRUs C RISTI ISLAMO APARTMENT --41016. eg
DOCUMENT NO. 202022145 VILLAS MANAGEMENT GROUP, LLC
LONDON RANCH ESTATES O.P.R.N.C. DOCUMENT NO. 2022034325 M
OF LAND
84.368—ACRE TRACT 312.90-ACRES O.P.R.N.C.
� �� -�
FND. COTTON SPINDLE i-
FND. COTTON SPINDLE BEARS N 0'50'10' W 20.00
MORE OR LESS '• N
nE BOUNDARY SURVEY AS SWAN HEREON IS BEARS N O'50'09' W 20.00'
BASED ON A SURKY MADE ON ME OROUNO - _ - ' n
UNDER NY SUPERM N SION FEBRUARY Of 2023 N 89'10•38' E 1414.10' C.R.
AND IT IS TRUE AND CORRECT TO DIE BEST OF X N
N W IOIORlEDCE ANO BE1.ET. BEARNCS A11E 2 Q r
BASED ON THE a I,:' COORDINATE I
SYSTEM SOUM• r�;`' ..ZiT < n M
Q' * •. ••' I I I POINT OF BEGINNING
,p'MiEacEit
VI Oq
:13 co ‘,. , ' .-u •.it-:-• I il Cb
t �' �'— N. 84.368-ACRES .
xIII ,,.{.1) VIRCFR a P. S NO 1924 N= LONDON RANCH ESTATES
!(/�r/y73 J OO. ; SUBOMSION W
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♦ 2°g LW & JM INVIESTMENTS, LLC u' u:
b• DOCUMENT NO. 2020044490 •b s�
�j O.P R.N.C. �, < w
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o I SUPERIOR H & H LL �%
I DEVELOPMENT, U.C. I M L.:
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.. DOCUMENT NO. 202101017 z °4
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O.P.R.N.C. Q :: a
= 80.00-ACRES z
a FND. 5/8 I.R. •y v
p JOHNNY FERNANDEZ, ET AL 1$ W/ CAP MARKED 'MISTER' Gu Z u
DOCUMENT NO. 2010045395
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O.P.R.N.C. 10.10-ACRES u.I D IX
1 IF
5 89 21 22' W 1414.36' C.R.22-A z CU
OCl)
Cl LEHMAN ENTERPRISES, LLC. HOUSTON PPE UPC.
COMPANY 0
GI DOCUMENT NO. 2010016415 O.P00. 13.315-ACRES I JUUUS J. iDANSKY t 1r
dI O.P.R.N.C. — DOCUMENT NO. C-43688-2 Q <
ci 356.985-ACRES I W.P R.N.C. x
89.9-ACRES F