HomeMy WebLinkAbout033504 ORD - 10/29/2024Ordinance authorizing a Wastewater Collection Line Construction Reimbursement
Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc
("Developer") to construct off -site wastewater improvements for a planned
residential development, Westwood Heights Unit 4, located on Sunny St, south of
Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line
Trust Fund to reimburse the developer per 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 13, 2019, to
develop a tract of land, approximately 9.059 acres known as Westwood Heights Unit 4;
WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the
8-inch Wastewater Collection 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 Collection Line 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 Collection Line 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 Collection Line 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 Collection Line 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
Collection Line Construction and Reimbursement Agreement ("Agreement"), attached
hereto, with Devonshire Custom Homes, Inc. ("Developer"), for the extension of an 8-inch
wastewater line, including all related appurtenances, for the development of Westwood
Heights Unit 4 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. Funding in the amount of $14,476.00 is appropriated from the No.4220-21801-
777 Wastewater Collection Line Trust Fund to reimburse the Developer for the construction
of a wastewater collection line, and improvements in accordance with the Agreement.
SECTION 4. The future revenue of the Water Arterial Transmission and Grid Main Trust
Fund, Water Distribution Main Trust Fund, and Wastewater Trunk System Trust Fund are
transferred by way of water and wastewater lot and acreage fees and pro-rata fees to the
No.4220-21801-777 Wastewater Collection Line Trust Fund until $14,476.00 is appropriated
in accordance with Section 3 of this ordinance.
SECTION 5. The City Manager or designee is authorized to appropriate $14,476.00 from the
No.4220-21801-777 Wastewater Collection Line Trust Fund as funds become available to
reimburse the Developer for the wastewater collection line construction and improvements
in accordance with the Agreement.
SECTION 6. This ordinance takes effect upon passage.
Introduced and voted on the aa��day of �442( , 2024.
-S • - nd APPROVED on the g 9 l' aay of O G'OW , 2024.
Paulette Guajardo, May
17e1T4:
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Rebecca Huerta, City Secretary
033504
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: 10/4/2024 Legistar Number: 24-1700
Agenda Item:
Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement
("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer") to construct
off -site wastewater improvements for a planned residential development, Westwood Heights
Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the
Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District
1).
Amount Required: (Amount to be Certified) $14,476.00
Fund Name
Accounting Unit
Account No.
Amount
Wastewater Collection Line Trust Fund
as fund become available (Future
Revenues)
4220-21801-777
540450
$14,476.00
Total:
$14,476.00
❑ Certification Not Required
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Director of Financial Services Date:
1