HomeMy WebLinkAboutC2023-316 - 7/18/2023 - Approved MUNICIPAL SERVICE PLAN AGREEMENT
FOR 10.817 ACRE TRACT BEING ALL OF AN 8.00 ACRE TRACT DESCRIBED IN A
DEED RECORDED IN DOCUMENT NO. 2016053230, OFFICIAL PUBLIC RECORDS
NUECES COUNTY, TEXAS, AND ALSO BEING OUT OF A 3.472 ACRE TRACT
DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 2021002859, OFFICIAL
PUBLIC RECORDS NUECES COUNTY, TEXAS. SAID 10.817 ACRE TRACT BEING
OUT OF SECTION "D", LAURELES FARM TRACTS SUBDIVISION, AS SHOWN ON A
MAP RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS NUECES COUNTY,
TEXAS
This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and
between the City of Corpus Christi ("City"), and Susan Klaus, Agape Ranch
("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 10.817 acres of land situated in Nueces County,
Texas, as specifically described in Metes and Bounds attached as Exhibit A and map in
Exhibit B ("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 consideration 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:
SCANNED
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.
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 ("CCN") for the annexation area.
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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.
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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.
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.
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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. Binginq 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.
CITY OF CORPUS CHRISTI LANDOWNER
By: By:
Pe er Zanon , Sus Klaus
City Manager Executive Director
Agape Ranch
Date: 5—S-42,3 Date:
c13Iz
ATTEST: Mite
APPROVED AS TO FORM: R ECCA HUERTA44
7 CITY SECRETARY
By:
Buck Brice
Senior Assistant City Attorney 0th o 63-3CfitiAUTHORIZED
for the City Attorney
BY COUNCIL 1—I(tc-- a�
ft-1. 156
SECRETARY
EXHIBIT A
METES AND BOUNDS
10.817 acres
Field notes of a 10.817 acre tract being all of an 8.00 acre tract described in a deed
recorded in Document No. 2016053230, Official Public Records Nueces County,
Texas, and also being out of a 3.472 acre tract described in a deed recorded in
Document No. 2021002859, Official Public Records Nueces County, Texas. Said
10.817 acre tract being out of Section "D", Laureles Farm Tracts Subdivision, as shown
on a map recorded in Volume 3, Page 15, Map Records Nueces County, Texas. Said
10.817 acre tract being more particularly described as follows.
BEGINNING at a point in the east right of way of County Road 33, for the northwest
corner of Lot 2, Block 17, London Towne Subdivision Unit 1, as shown on the plat
recorded in Volume 69, Pages 493 - 494, Map Records Nueces County, Texas, and for
the southwest corner of this tract.
THENCE with the common line of the east right of way of County Road 33, and this
tract, North 20°19' 51" East, at a distance of 379.42 feet pass a 5/8" re-bar found
previously set 14.20 feet to the left, and in all a total distance of 533.06 feet to a point
in the east right of way of County Road 33, in the south line of a 64.00 acre tract
described in a deed recorded in Document No. 2020001025, Official Public Records
Nueces County, Texas, and for the northwest corner of this tract, from WHENCE a 5/8"
re-bar found in the west right of way of County Road 33, and for the northwest corner
of said 3.472 acre, bears South 89°12'48" West, at a distance of 15 .41 pass a 5/8" re-
bar found previously set, and in all a total distance of 54.20 feet.
THENCE with the common line of said 64.00 acre tract and this tract, North 89°12'48"
East, a distance of 936.36 feet to a 5/8" re-bar found in the west line of a 308.99 acre
tract described in a deed recorded in Document No. 941343, Official Records Nueces
County, Texas, for the northeast corner of said 3.472 acre tract, and for the northeast
corner of this tract, from WHENCE a 5/8" re-bar found in the east line of said 64.00
acre tract, bears North 18°03'22" East, a distance of 299.26 feet.
THENCE with the common line of said 308.99 acre tract and this tract, South 18°03'22"
West, at a distance of 146.03 feet pass a 5/8" re-bar found previously set for an outside
corner of said 3.472 acre tract, and in all a total distance of 525.44 feet to a point for
the southwest corner of said 308.99 acre tract, and for the southeast corner of this
tract.
THENCE with the south line of this tract, South 89°12 '51" West, at a distance of
274.72 feet pass a 5/8" re-bar found for the northwest corner of Lot 15, of said Block
17, at a distance of 374.76 feet pass a 5/8" re-bar found for the northwest corner of Lot
13, of said Block 17, at a distance of 574.78 feet pass a 5/8" re-bar found for the
northwest corner of Lot 9, of said Block 17, at a distance of 774.84 feet pass a 5/8" re-
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bar found for the northwest corner of Lot 5, of said Block 17, and in all a total distance
of 958.71 feet to the POINT of BEGINNING, and containing 10.817 acres of land,
more or less.
Notes:
1.) A Map of equal date accompanies this Metes and Bounds description.
2.) Set 5/8" re-bar = steel re-bar set with yellow plastic cap labeled Brister Surveying.
3.) This exhibit does not represent an on the ground boundary survey.
4.) Measured bearings are based on global positioning system NAO 83 (93) 4205
DATUM.
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EXHIBIT B
ANNEXATION AREA MAP
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