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HomeMy WebLinkAbout033894 ORD - 03/24/2026Ordinance amending the Unified Development Code ("UDC"), §8.5 to revise water and wastewater trust fund administration, fees, and reimbursement procedures; §8.4 UDC to revise participation agreements; and providing for publication. WHEREAS, the Capital Improvement Advisory Committee has recommended amending the Trust Fund Policy as stated herein; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code (" UDC"); and WHEREAS, a public hearing was held during a meeting of the Planning Commission when said Commission recommended approval of the proposed UDC amendments, and with proper notice to the public, an additional public hearing was conducted during a meeting of the City Council, during which all interested persons were allowed to appear and be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The recitals contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. UDC Article 8 "Subdivision Design and Improvements", Section 8.5 "Trust Fund Policy ", is amended by adding the following language that is underlined (added) and deleting the language that is stricken {deleted} as delineated below: § 8.5 Trust Fund Policy 8.5.1. Water Trust Fund 8.5.1.A. Purpose The purposes of the Water Trust Fund are is: 1. To to encourage the orderly development of subdivisions within and surrounding the City. 2. to establish a dedicated trust exclusively funded by development -related exactions, excluding tax or utility revenue of the City of Corpus Christi; Te to establish an equitable system of spreading the cost of water line extensions required for development pursuant to the Water Master Plan. 3.A1. To to establish an equitable system that can be effected by the establishment of trust funds to be administered by the City for the purpose of carrying out orderly water line extensions; and SCANNEb 4 5. To to establish a system of credits and reimbursements for developer -installed water line extensions meeting the Water Master Plan when the developer is a non - taxing entity that is contributing acreage or lot fees under this Unified Development Code. Water infrastructure funded by Tax Increment Financing, Special Assessment District, or other public financing is ineligible for water trust fund reimbursement from the Water Trust Fund, unless approved by the City Council. -6.-the--D eloper/Owner shall, before the agreement is executed by +he Cit„ f, irnish performance -bond if the contract is in excess of $100,000 ande bend-if-thc contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253 anrd all other applicable saws-a-nd regulations. 6. In order to request funds for reimbursement f ern-the-Trusr, ast Funds, ar semcnt agreement application shall be submitted and include the--fol-l-owihglanning commission approved plat, public-i-119-19-rOver e-R4-plans st estimate, application fee, and must be deemed complete before -d-ate for Cit„ Council conside atA,�ion wilt -be scheduled. 7. City Council may, after a public hearing, transfer monies from one trust fund to the other -in order to better carry out the purposes of this United Development Code. Water trust funds may be transferred -to -water „r tewater trust funds 8. Once every two years, City -Council shall review the ndequaey _I n eec anrd ehnrges established herein and the sufficiency of the trust funds, nand -ray, -afte— a pub-1 c hearing ardept a pew schedule of fees and charges. Q� c_eye two-years-er as__requested City cuff shall brief City Coy ncil on the -fiscal status of the4rust F�.r. (Ordinance 032357, 02/23/2021) 8.5.1.B. Payment of Fees 1. Before any unit of a subdivision or single lot is completed and the final plat is recorded, the developer will be required to pay to the City a the water lot fee or acreage fee; w-h-iche-vcr is greater. Acreage fees shall be assessed on multifamily, commercial, and industrial properties. Lot fees shall be assessed on single-family and two-family residential properties. 2. Before any unit of a subdivision or single lot is completed and the final plat is recorded, the developer will be required to pay the City a water distribution line front -foot pro- rata fee if the developer must install infrastructure (above and beyond a tap) to access the utility, pro-rata will not be collected. 2 3. A water surcharge will apply to all property, new or existing, when a service tap or meter set application is made. 4. Separate from the trust fund, water tap/meter fees shall be paid to the City concurrently with any application for a tap or meter set. Corpus Christi Code Sec. 55- 70 establishes the applicable water tap fee rates for installing meters on service lines. 5. These fees shall be applicable regardless of whether the property is located inside or outside the City limits. 6. All water lot or acreage fees and water pro-rata fees will be paid to the developer Trust Fund prior to recordation of the subdivision plat. 7. Water lot and acreage fees, water pro-rata fees, and the water surcharge fees shall be deposited into the Water Trust Fund to reimburse developers for constructing arterial transmission mains, grid mains, and distribution mains in accordance with this Section. Tap fees shall be -pa -id e-he-C;+ e-u-r-rentl� it, th-trh-e-tap application-fo-r water rvicc on individually platted properties. These fees shall be applicable regardless —of whether the properties arc located inside-o-r--e-utsi e-the Cit��yhi;= Q ate service for outside the City limits on,-l-y ,P pro ided -i-n--accordance-with gnunicipal C„d e Section-s55- 110 thro lgh 55- g_ (Ordinance 029376, 02/21/12) 2. The fees collected under this Section-shu„-bbe dep sated into- e separate trust accounts as follows: a —Lot and acreage-fecs and 75%-of the surcharge fees shall be deposited ante +ho W te-r Arterial Transmission --and Gri t Fund for use in over sizing grid mains, constructing arterial transmission mains anti grid main and reimbursing developers for constru g-arterial transmission mains a tthe current -hater Transmission nnaoter Plan (Water Dist-ribution System Standards). b. Pro rata fecs for distributi-en mains and 25% of the surcharge fees will be deposited into the Distribution Mains Trust Fund for use in over sizing distribution mains vcr sizing and constructing distribution mains off site. 3- 8. Prior to the adoption of the City's annual budget, all fees and charges will be indexed to the August Construction Index published in the Engineering News Record and may automatically increase on October 1 of each fiscal year by the same quantum as the annual increase in the August Construction Index for the preceding year. 9. The following categories of property are exempt from the water lot or acreage fees of this Section: a. Property which is platted and has existing, metered, water service and is being replatted for the purpose of changing a building line, easement line, lot line, 3 subdivision name, or as a result of a street, alley, or easement closure action, or for a similar reason. (If such property has metered service and an additional lot or lots are being created by platting, or if such metered service size is being changed, the provisions of this Section will apply to any such lot or lots created) b. Property being platted within separate or independent water districts where such districts provide water and ensure that fire protection, water extensions, etc., are made to properties within such districts. c. Property for which the lot or acreage fees have previously been paid through platting and such property is replatted, unless, at the time of replatting, the land use or density has changed, requiring a higher lot or acreage fee rate (the developer will then pay the City the difference in such higher and lower fee rate). d. Property which has been contractually annexed prior to June 23, 1982; provided that, such property will not be eligible for reimbursement for water lines constructed or proposed to be constructed. e. Government subdivisions, being defined as federal, state, county or municipal entities and their subsidiary or affiliate corporations, whose operation is funded by collection of taxes, including sales tax, property tax, income tax, and other forms of taxes as may be established and accessed by such government subdivisions (entities exempt from payment of said fees shall be prohibited from receiving reimbursement from any fund established as a depository of such fees). f. The exemption in this section only applies to water lot or acreage fees. The exemption in this section does not apply to impact fees or any other fee not specifically identified in this subsection. a. The Tan Foe Ordinance ( iipal Code, SSection 55 7 car Tely est lishes the applicable tap fee ra+4nstallation of meters on service linos. 8.5.1.C. Credits and Reimbursements 1. Arterial Transmission and Grid Main Extensions In the event the arterial transmission and grid main system are not in place when required for development, the developer may install that portion of arterial transmission and grid mains necessary to meet the Water Distribution Sn Gystem-, Current City Standards and Water Transmission Master Plan, and Fire Suppression—Rating---Sched-ul-e; provided, however, the grid system shall be developed as approximate 1-mile grids beyond the existing grid to ensure that sufficient service is available. Such arterial transmission and grid mains installed by the developer will be limited to the maximum of that which is required by current City standards to complete the next grid loop from the grid system in place or under construction prior to the developer's installation, i.e., if any portion of a grid loop is in place or under construction prior to the developer's installation, the developer 4 may be reimbursed for completing that grid loop,plus up to a maximum of one additional grid loop, if such installation is required by current City standards. 2. Distribution Main Extensions When a subdivision, single lot, or tract is developed within an existing grid or in the adjacent grid area, but is not adjacent to the grid main, the extension of a water line may be made to serve the property either by the City or the developer if such extension is necessary to meet the current City standards. Maximum developer credit or reimbursement will be limited to one-half mile (2,640 feet) of the installed distribution main. If the fee value of the property does not equal 50% of the off -site extension cost, the extension will not be made unless the developer provides the difference between the fee value and 50% of the off -site extension cost, which difference shall be non - reimbursable. J. water Trust Fund Reimbursement Agreement a. Developer may request a Water Trust Fund reimbursement agreement for the installation of arterial transmission and grid mains and/or distribution main extensions. b. To request reimbursement from the Water Trust Fund, a reimbursement agreement application shall be submitted and include the following: i. a planning commission -approved final plat; ii. approved public improvement plans (design memorandums do not qualify as public improvement plans)L iii. cost estimate of arterial transmission and grid mains and/or distribution main extensions reviewed and approved by the City; and iv. an application fee. c. The developer shall submit an application for reimbursement, including all cost - supporting documentation, to the Director of Development Services prior to the installation of such arterial transmission and grid mains or distribution main extensions. The application must be deemed complete before a date is scheduled for consideration by the City Council. d. If the location or size of the developer's proposed arterial transmission grid mains is not consistent with the City's Water Master Plan and Capital Improvement Program, the developer's application for reimbursement may not be considered until an amendment to the current City Water Master Plan standard has been approved by the City Council. The developer shall prepare and submit a draft amendment to the Director of Development Services. The submissions for draft amendments to the Water Master Plan shall address the current availability of related infrastructure (including wastewater service, adequate drainage facilities, 5 and roads constructed to the standards of the Roadway Master Plan and/or Urban Transportation Plan) at the site of the proposed development and all tracts of land along the route of the proposed transmission or grid main extensions. The draft amendment to the Waster Master Plan should contain a recommended sequencing of the construction of transmission or grid main extensions. e. A reimbursement agreement must be approved by the City Council before the developer starts construction. q. The Developer shall be reimbursed by a lump sum upon completion of the water infrastructure. f. For each reimbursement request, the Developer shall certify: i. there are no known liens or bond claims outstanding as of the date of the reimbursement request; ii. all due and payable bills with respect to the installed Water Infrastructure have been paid to date or are included in the amount requested in the current reimbursement request; iii. except for such bills not paid but so included, there is no known basis for the filing of any liens or bond claims relating to the installed Water Infrastructure; and iv. releases from all Developer's contractors, subcontractors and materialmen have been obtained in such form as to constitute an effective release of lien or claim under the laws of the State of Texas covering all Water Infrastructure installed; provided if any of the foregoing is not true and cannot be certified, Developer shall revise the certificate as appropriate and identify all exceptions to the requested certifications. h. Upon receipt of a reimbursement request pursuant to a reimbursement agreement, the City will evaluate the work for conformance with the City -approved plans and specifications. Where funds are available, payment will be made for work done in conformance with the City -approved plans and specifications. Where funds are not available, City staff will acknowledge conformance with the City -approved plans and eligibility for reimbursement or trust funcl credits. k. Developer shall complete the Water Improvements, under the City -approved plans and specifications, within 12 months from the date the City Council approved the reimbursement agreement. In the event that the Developer fails to complete the Water improvements in accordance with the plans and specifications approved by the City within 12 months, the Director of Development Services may: i. extend the Reimbursement Agreement once for an additional 12 months (subject to loss of priority for reimbursement) 6 a) If project completion is greater than 50%, the extension may be approved by the Director of Development Services; b) If project completion is less than 50%, the extension may be granted by the Assistant City Manager of Development Services; c) If the Director or Assistant City Manager does not grant the extension, a request for reconsideration may be requested for City Council consideration. ii. terminate the Reimbursement Agreement; iii. refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or iv. any other remedy available under state law. j. If because of force majeure the developer is unable to carry out its obligations under the Reimbursement Agreement, the obligations of the Developer, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no more extended period than the inability, and the Developer shall endeavor to remove or overcome such inability with all reasonable dispatch. k. The City's execution of a Water Trust Fund Reimbursement Agreement is as trustee of the Water Trust Fund. The City acts as a trustee to further its governmental functions of providing water and wastewater service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or making any appropriation or donation to the same, or in any way loaning its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of a Water Trust Fund Reimbursement 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 any judgment can only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. 4. Payment and Priority of Reimbursements a. If the developer installs such arterial transmission and grid mains or distribution main extensions subject to a reimbursement agreement, the developer shall be reimbursed for the actual installation cost that has been submitted to the Director of Development Services pursuant to the reimbursement agreement. b. Such reimbursement shall only be made when monies are available in and appropriated from the Water Trust Fund. The order of reimbursement will be determined according to the date the reimbursement agreement is approved by the City Council. In the event an agreement approved by City Council is extended by the Director of Development Services, the order of reimbursement for the extended contract will be based on the date the agreement extending the reimbursement agreement was fully executed. 5. Credit a. Where monies are not fully available and appropriated from the Water Trust Fund, the Developer may receive trust fund credits in lieu of outstanding reimbursement owed. b. Trust fund credits may be used for payment of water and wastewater lot and acreage fees, pro-rata fees, and surcharge fees. Credits for water infrastructure may be used for either water or wastewater lot and acreage fees, pro-rata fees, and surcharge fees. c. Trust fund credits are assignable with the written authorization of the Director of Development Services. 6. Residential Subdivisions Subdivisions designed for residential use will include individual service to each lot in their water main layouts, which will be installed and tested with the water mains as required to conform to the current City Water Distribution System Standards. 8.5.1.D. Oversight 1. The Director of Development Services may transfer monies from one trust fund to the other in order to better carry out the purposes of this United Development Code. Water trust funds may be transferred to the wastewater trust fund, and wastewater trust funds can be transferred to the water trust fund. 2. Once every two years, City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds, and may, after a public hearing, adopt a new schedule of fees and charges. 3. Once every two years or as requested, City staff and the Trust Fund Advisory Group shall brief City Council on the fiscal status of the Trust Funds. a. Credits If thc developer installs such arterial transmic•sion and grid mains, the developer shall be credited fof-the actual instal-lation cost up_te-the an nt of his '^+ or acreage fee pfovi an application for credit including all cost supporting documentation, has been submitted to the Assistant City Manager of Develo ment Ser„ioes-prior to thc installation of such main and is approved. b. Reimbursement If the actual costs for installation of-s-ueh arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acr-eage--fee credits) f o+ Iti from the 1Alater arterial Transmission_and�d Grid M-ai t Fund for that portion of the arterial transmic•sion and grid mains installed by the developer tip to a.-m-axicrr um o tthat which is regi aired by the Water Distributor -System Standards to 8 completethe-, t--g 6a-4sep firm the grid to in--p-laec or under construction prior to the developer's installation i e if anry-port , -a g;id loop is in place or under construction -prior to the-d e oper's installation, thc developer may be reimbursed for comp-let+ng4la grid --loop, plus up to a maximum cf one additional grid loop if such installation -is rod-u-i-red-1 th-eWater Distribution -System -Standards. Provided h ivueve in order to be reimbursed as set forth in this subsection is Tih--e., developer shall suhmi+ ap application for reim_rhb_arsemcnt, including all cost su-pporting documentation, to the Assistant City Manager-of-0evclopmcnt Services prior to the ins n o, o. such arterial transmission mains and grid main; and +i. If the location or size of thc developer's proposed arterial transmission grid mains is not constent with the Citv's Water Transmission Master Plan, Distribution System Standards, and the Fire Supprec'„ion Rating -Schedule evetopcy's application f r -rein b-w omen#-n�- anot be considered until an amendment -to -the Water Distribution Systte1m-Standards hhaass-bbeen-ap r_prove l by the +y ouncil e dcvclopor shall prepare and stjbmi+ a draft men amendt toa� -th� arte, D.ist�ribution rd Systems Standards-to-thc Assistant -City -Manager Assistant-ty-Manager of Development'lerSer-ices if such is required. If the nssistan ment Services approves the proposed amendment, the amendment shall -be submitted to the Planning Commission for its recommendation and to-th_he City Council for consideration_ c. Plan Amendment and Submission Requirements The submikjons for draft amendments to the Water Distribution -System -Standards -shall address the current availability of related infrastructure (including kQost-�ewate seR4 a4eq-+ate---d-rainage facilities, and roads constructed to thc standards of the Urban Transportation Plan) at thc site of the proposed development and all tracts of land along the route of the proposed transmission or grid main extensions. The draft amendment to the Distribution-Systems,--Sta-r<d-ard-s s eu-ld-con-tain a recommended sequencing -of construction of transmission or grid main extensions. d. Payment and Priority of Reimbursements An arterial transmission and grid mains construction, and reimbursement agreementt mTust be approved by the-Si+y Cuncil-before-the-deve per starts construction. Such reimburscmcn+ air! ben e i rhea monie-s are-fuI; f; om the 'ate-► Arterial-- ra-nsm-issio+ and Grid— main Trust F, nd. The order of reimbursement will —be —determined -according to the date the arterial transmission and grid mains construction and reimbursement agreement is approved by the City Council. 2Distribu-tion MaM Extensions When su;bdivis►on, single lot or tract is developed within an existing grid or in the adjacent lurid area but is not adjacent to the -grid -main, the extension of a water line -may necessary to meet the Water Distribution System Standard . The maximum extension 9 shall be Iimited ens half m+le-(,-6/10 feet). If the fee es not equal /c o;-t#e-off-site-e tension cost, the extension will not be made unIcsc +"one-dov-elepe-r provides the diffcrenee-betweon the -fee -value alue and 50% of the off sitc extension -eon which difference shall be non reimbursable. (Ordinance 032357, 02/23/2021) a. Credits If the developer installs such distribution-mainthe developer shall be credited for -the actual off site installation costs up to the amount of his lot or acr gc fcc, provided an application for wit inc1ud+n-g-all-cost supporting documentation, has been submitted to the Ac•sistant City Manger of Development Serino -t the installation of such distribution main and is approved. If the actual costs for installation of such distribution main are greater than the lot or acreage -fee, the rle„elopor shall he reimbursed noes an„ l + or acreage fee credits) from funds available from the WateeDis ion Main Trust for that portion of the d+str+btktion main -installed —by —the —developer up to the -maximum extension criteria ever, in ordcr to be reimbursed as set forth in this subsection: i. The developer shaII submit an annrcation for reimbursement, including all cost supporting done imentation to +he Assistant City Manager of Development Services ii. If thc location or size of the developer's proposed distribution main is not-e-ensistent witr"r + -Water tier-Dis+r�tributionrr System Stand anr1 Fire Suppression t ng 1 rr��ccrrrcr �rrraTrr� h' Schedule, thc developer's application for reimbursom m„ay nets -be considered until an amendment to thc Water Distribution System Standards has been approved b, thTe--City-Council. The de endment to the Water Distribution System Standards to the Assistant City Manager of Bevelepment Services if such is required. If the Assistant City Manager of Development Services approves thc proposed-a-tie-nd,T+-4hc amendment shall bra submitted try t-he1Planning Commission-fer its recommendation and to thc City Council for consideration. r Plan Amendment and Submission Recti rements The subs ;-So;-ergs-for d-rime Tent to thhe� Qatcr Distribution System Standards shall address the-o ffe ed infrastructure (including-wastewater-sewioe; adequate drainage facilities, and roads constructed to -the -standards in the Urban Transportation Plan) at the site of the proposed development and all tracts of land along the route of the propesed-distri ns The d-raft amendment +mate; n a rccoreed—sequencing of construction of distribution main extensions. d. Payment and Priority of Reimburscmcnts 10 A distribution main extension construction and reimbursement agreement rnu►st be approveb�d--by—the City Council before —the developer starts construction. Such feimbursemc de when monies arc fullyropriated from-ate-r--Distribution--MainTrust Fund. The order of reimbarsemei-la--be determined according to the date the distribution -main extension ors tru Lion and reimbursement agreement is approved by the City Council. In instances where properties arc adjacent to a distribution main installed by others, a pro raf fee -der front #oot will bbe charged for that portion of thc main fronting the property si ich amnu nt to be paid when the property is -developed: —Residentia Subdivisions designed for residential use wi4l include in the' outs individual service to each lot to-bo installed and tested with -the water -mains as required to conform to the Water Distribution System Standards, 4. Exemptions Thefollowingeategorics of property -are exempt from -the -lot accr age fees of th-s Section: a. Property which is platted and has exist��i-ng, metr red, water service and4s-bei-ng replatted for the purpose of changing a building line, easement line, lot line, subelMsion-nameT-o-r-a-s-a-resuit-ef-a-streetalley3-or-easement-olasure-ac4-anar for a similarreason (If such pip r has metered service and an additional lot or lots arc being created by platting, or if such metered sor e-si`e-s�cing changed, thc provisionso any such lot or lots created). b. Property being-platted-within-8 eparateor independerTuent dater rl� i ots wbero s oh dis-tr{cts-provide--cter-and ensure that fire protection, wntor extensienss, etc., are made t„ nr0portios- thin such districts. c. Property for ich thc lot or acreage -fees previous,paid through -1 ttinrr end si ich nroperfy is replatfeca-- c�unIess the tim.ofreplotting, thc land etas-cha-raged-rag-u`-i'ri`ng-a-hig tot---o-r accreage-fee-r-atc (the developer will then per„ the Qit„ the difference in such-hi-igher, a,id-I owe-r-feo rate). d propert„ wchic-h hr,as--been contra annexed prior to June 23, 1982; provided that, such prop— wile-ot be eligible for reimbursement for water lines constructed or proposed to be constructed. c. Government subdiv-isions, being defineed--as ederal Late, county, or municipal e►#t,es-a, heir subsid+ary-or affiliate corporations hose operation is funded by collection of taxes, including sales tax, property tax, income tax, and other forms of taxes as may be established and accessed by such government subdivisions (entities exempt from payment of said fe-e hall be -prohibited from 11 reoeiwing reimbursement from any -fund established as a depository of such fees 5 Exemption for Certain Padre Island -Properties Property previously owned by Padre Island Investment -Corporation covered by thc Water Ag-reement authorized--lay—Ordinance No. 10169 of September 17�9-7 1--wh+c-h incorporatcs_by reference agreements related +^ +he nr^„mion f er- to Padre Island I-n est ent Cerpporation pr-epe-rty-statedSeptember-001970--and January 5, 1968, other than Cape Summer Unit I, Cape Summer Unit II, and Commodore's Cove Unit II subdivisions, is exempt from thc lot or acreage -fee provisions of this Section as having satisfied the provisions of -that ag-reement-rovided that, the area contain, i; pe Summer Unit I, Cape Sum ' dorc's Cove Unit II subdivisions shall also -lac exempt from tot or acreage fees if: (Ordinance 032357, 02/23/2021) a. The -Developer records -an -election -to ' ' na-I-water-tap4glc published -in --the Development Services fee schedule contained in Chapter 14, Municipal Cede with respect to each let-w-I-ich hasan area of 1 acre or lees and with respect to each -lot wh►oh hoc an aroma in e ss of A acre de elToper shall pays ar Imo un+equal to -the PIIC lot fce published in the Development Services fcc schedule contained in Chapter � ^��- Munnkpal-Code, plus —an —additional amount for each -acre, or fraotien4lacreof, that such lot excee�-1 acre, calculated at the rate per acre pub' e I in +ho Dey oilmen+ &r ces fee dule-coat^ ed-i-nr-Cha-pteer 1r4 -MunicipalCodc, in Iicu of lot -or acreage ecc, such surnc behig deposited inPo-the Water /_\rterial Transmission and Gr T Aoin Tn is+ F and (75 ) and +he (lie+rib i+inn AAoins Triist Fund (25%) for use as provided for in paragraph B.2 above; b. Such electi ly to-thc replat ^r new plat ref all or a portion of uch property platted Cane Summer Unit I, CapeSummer Unit-li d Commedo e Gove I Init II subsequent to August 6 2003, provided that such replat or new edu-Ges the tota demand) ^n +hc water system and -the number of lots in the area of the; r The developer of Cape S er I -1-Gap ' Ve Unit II will be solely responsible for the (costs of instalting-a-1-1-water-l-inesidoluding distribution mains a-n-d-arterial transmission or grid -mains -on —or off site, required -to service such subdivisions, that all such construction shall be-sompteted-in-apoordariee with the platting and enggiiineering rent Firemen+s of the Ci+„ and +ha+ i anon completion of construction and acceptance of such linos by the City, such improvements shall be owned and maintained by thc City. The developer shalt have no claim for reimbursement from the `^l arterial Tr^ns,mission and Grid -Main -Trust -Fund or the Water Distribution Main Trust Fund ff-for-any ^„fie-ccoonstruction costs of water lines required for such subdivisions. 12 a . In areas -where a treated ; taper map-p;-y main is not -within one mile, the developer shall construct ,^,ells in sun i,_Tmanncr that an adequate -supply -of potable -water -and -an adequate supply-ef-watcr for-4ire--p otect-io shall be available -to -every -lot -in the subdivision', mee-tirag th -*en—a plcabtc standards of thc adepted-F-Pr-e-cede. Such water— _apply syster shall-ae constructed under the supervision of the City County Health Department according to the aforesaid Distribution System Standards and shall a-lie-eemp with the-reguiations of the -State Board of H Ith in regard to soh system he City Engineer, or his duly authorized representative, shall be responsible fer detefmining that such we41--water sup stems-eernp with the req-eife+aments-ef this subsection. 2. No lot or acreagefee-s,hall-be-paid if such land for wh, ichthe fees are paid lies -within -n an area exempted by the City Council from payee t-ef such fees. Such exem-pied ,ar —sh ll be those detelLrmi ed b„ the City Council net likely -to -lac served by City water -services -within the -next 15 yews. The -City Co-unei-1,wtth the advice of thc Assistant City -Mange of Devetopff}ent Services ndl the Planning Commission roay make such determinations whenever ncce - ary. Any rcques+ for a determination of cxcmpt+en ther than from the Assistant —City —Manager of Development -Se viecs, .(-I-a[n.�n ii.nng.�Cpomm{isnsion or the Cifi�= ,Tni'-7-�,no/l�l Abe submitted in writing to the Assistant i`J '" anage-r-e-De-ve nmetServi'vices. TheA ssist i nanagerc.T f Development gewi est will be schedul i s n heari ;vlthin a,_,_60 da er f� f g such -request. Thefe-a#er, the-Wannin n-shatl ke ifs re o mcndation to the City Coi mcil which shall make the final -dot a he,City Canal-ma-y, at any time, cease to exempt an„ area previousl„ exempted and thorgafter auch fees s#all-a-pp roper", for which a—wate -lot creage--few-has been paid under the -conditions -of this paragraph ma„ recei„e a ref and of their pro rata portieres {based on the total lots or acreage) of the lot or acreage fee -pa -id if, after 10 years, but not more than 20 years from -the date of the fling of the -plat, the owners of 50% of th-c property with -in said final plat petition the City Coi moil for a hearing to determine whether the fees should be refunded:A refund may be made if the City Council -finds a. The petitioners arc the property -owners of lots for which -a water I^+ of aereane fee has been paid; nr I� c eye the pert inners' propertythe-sit Ater system ffroonm another governmental entity, or from existing water control districts or authorities which provide for the-fu-rnishing of water; and r The property i_is not likely to be sere edi-with cif ototer lines within five yei fs- i. Any refunds shall only be made-when--mo„es are kill„ available in, and appropriated frer-n thc Water Arterial Transmission and Grid Main Trust Fund. The order of-r-eim"ursement ,^,ill -be d'etermin.ed-according te-the-d-ate the a-pp-lication for refund is approved by the City Council. 13 ii. Governmental entitiesTwater control districts, or authorities, other than theme ty, which have provided for the fur„,shin d woYater-supply-te-a-tract of land-f r-w ieh-a-let--er acreage -fee -has-been paid to the City may apply -to the City for a reimbut e_ meTf of the lot or acreage fec paid on such tract if sureh fee has net -already been refs deb to the lot owners lAny refunds only- shall be made when r monies ae fG,z-fu;ly available pr„n d from the Water Arterial Transmission and Grid Main Trust Fund -The order of reimbursement will be determined according to the date the application fnr reimbursements approved-by-therJ approhe City Counc-ll- {Ordinance 031539, 09/21/2018) ili The foregoing shall apply with respect to exempting from payment or refunding of let-a-ndaereaage fees only and icy not intendo Platt-ing--or-other requirements. 8.5.2. Wastewater Trust Fund 8.5.2.A. Purpose The purposes of the Wastewater Trust Fund are4s: 1. To to encourage the orderly development of subdivisions within and surrounding the City; 2. to establish a dedicated trust exclusively funded by development -related exactions, excluding tax or utility revenue of the City of Corpus Christi; 2. 3. To to establish an equitable system of spreading the cost of wastewater line extensions required for development pursuant to the Wastewater Master Plan; 3- 4. To to establish an equitable system that can be effected by the establishment of trust funds to be administered by the City for the purpose of carrying out orderly wastewater line extensions; and 4- 5. To to establish a system of credits and reimbursements for developer -installed wastewater line extensions meeting the Wastewater Master Plan when the developer is a non -taxing entity that is contributing acreage or lot fees under this Unified Development Code. Wastewater infrastructure funded by Tax Increment Financing, Special Assessment District, or other public financing is ineligible for-wa-stewater trust fun4 reimbursement from the Wastewater Trust Fund, unless approved by the City Council. 5 T"T,,e-De�-e;cpe Owner shall, before -the agreement is executed by the City, furnis-h-a contract is in excess of $50,080. Beads furnished-m r eet the-req{r-i-r-e-ments--of Tom -Insurance Cod 503, exas Govcrnmen jede-2-2-5-3, and -,all othrapplicable laws and regulations. 14 6. In order to request funds for reimbursement from thc Trust Funds, a reimbursement agreement application shall be submitted and include thc following: planning commission appro is improvement plans, cost estimate, application fee, and must be deeme roo te--be ore a date for City Council „^nsi,rora+i^n will be scheduled- 7. City Council may, after a -public hcarinnsfer monies from one trust fund to the other in order to better carry -out the purposes +oof� this Unified Development Code. Wastewater -trust +�=rst funds gi mabe transferred to -water of wastewater trust fun 8. Q-nce ez�oer two years Ciy Co -nnil shall review the adequacy-ef all fees anti charges i � i..vv a ��. uu�. "J. established here —a the sufficiency of thc trust funds ;d-may, after a pubiiC hearing, a4opt new schedule of fees and charges. Q�Qn.ee-every-two years or as requested, City staff shall brief City Council on thc fiscal status of the Trust Funds. (Ordinance 032357, 02/23/2021) 8.5.2.B. Payment of Fees 1 Before any unit of a subdivision -,or single lotr tom,-a,.ic-h is completed and the final plat is recorded, the developer will be required to pay the City the water lot fee or acreage fee. Acreage fees shall be assessed on multifamily, commercial, and industrial properties. Lot fees shall be assessed on single- and two-family residential properties. t#etot or aereag-e-feetwhichever is gr atcr, shall be paid. 2. Before any unit of a subdivision or single lot is completed and the final plat is recorded, the developer will be required to pay to the City a wastewater collection line front -foot pro-rata fee if the developer must install infrastructure (above and beyond a tap) to access the utility, pro-rata will not be collected. 3. A wastewater surcharge per lot will be charged in addition to the water tap or meter set fee for service to each lot. The surcharge will apply to all property, new or existing, when an application for a wastewater service tap or meter set is made. 4. Separate from the trust funds, wastewater tap fees shall be paid to the City concurrently with any application for a wastewater tap. Corpus Christi Code Sec. 55- 71 establishes the applicable tap fee rates for wastewater tapping. Tap fees will be paid to the City concurrently with the tap or meter set application for wastewater service on individually -platted lots or properties. 5. These fees shall be applicable regardless of whether the property is located inside or outside the City limits. 6. All wastewater lot or acreage fees and wastewater pro-rata fees will be paid into the developer Wastewater Trust Fund prior to the recordation of the subdivision plat. 15 7. Wastewater Lot and acreage fees, pro-rata fees, and surcharge fees will be deposited into the Wastewater Trust Fund to reimburse developers for constructing wastewater trunk lines, trunk force main lines, and collection lines in accordance with this Section. 9. A surcharge per --lot will be charged in addition to the tap fee for service to each lot. -3, The surchargo will anal„ to all-propert now or cxisting7-when-an-a-pptication for a wastewater ce tap is made. All lot or acr ge fees and pro rata fees will be --paid to the City prior to thc subdivision-p1•at being recorded. (Ordinanc 2Q 6, 02/21/12) /1. Tap fees -wail be paid to the Cit„ concurrent ith the tap application fe-w ste meter service on individually platted Tots or properties. -5,---T--hcsc fees shall -anal„ re ardles of w"ether thc propedics arc located insido or outside the City limits o cept as provided in subparag—raph 8 5. 2 D 'I below. 8.5.2.C. Properties Within City Limits AII-Matted property within the Gity lirits shall he served by a Gi.}y_approved- astei water treatment -system, as pe-r-Subsection 8.2.7. 8.5.2.D. Depositing of Fees The fees collected under this Section will be deposited -infer -two sepa ate ust-accounts asfe#ews . Lot and --a- reag-e- fes—and 75% of the-j rcharge fees- it e deposited intone Wastewater Trunk System Trust Fund for use in constructk -W s+ te-rWaster Plan trunk Tines Ma-ste -Plan la„ -mom -stations, and trunk force main linos and reimbursing developers for constructing Wactew er_�o astern _Plan trunk linees-Master Plan lift statioonsa; rl trunk force main lines. 2. Pro rata fees and 25% of the surcharge fz-fees Gila ll-be deposited int„ the Wastewater -Collection Line Trust Fund for use in over sizing collection linos, constructing ee-11ection lines, and -ram r -mid-d-evelopers-for over sizing and construe ng-caUection lines off -site: 3. 8. Prior to the adoption of the City's annual budget, all fees and charges will be indexed to the August Construction Index published in the Engineering News Record and may automatically increase on October 1 of each fiscal year by the same quantum as the annual increase in the August Construction Index for the preceding year. 4.The Tap Fe rdin n^ r}un1e1pal Codc, Scction 55 70, ct seq.) scpar teiy establishes thc applic-a-b-le-4ap-fec rates. 8.5.2.E. Credits and Reimbursements ,Wastewaterunk Line Extensions 16 In h ventthe k line ystem ism r + pI-ac -wl en required far —development, the developer may install that portion-of-t;° trunk estem neco Cary to meet the established design standards. Credits l the-developer installs the ���asteo;rater-tr��nk„„lice, thodeeper shall be credited for the actual installation costs un to the amount of his lot or acr age fee, provided an application for credit;--inekiding all cost supporting documentation, ha: en-s omitted to the ssstnn+ Git, Manager ofi-o, Develepmen+maces prior -to -the installation of the trunk line and is approved. b. Reimbursement ifthe-actual-west f stLa tion-of wastewater trunk line is gr ter than the lot or acre reage fee th ;eloper shall be reimhurserl_`less an„ lot or acreage-fee-c-redits)-frem funds available-frena the �nn� tewater Trunk System Trust Fund -for that portion of the trunk lines installed by the developer. Provided, however, in order to be reimbursed as set forth in this subsection: The developer shall submition for rcimburscmcnt, including all cost supporting documentation, -,cant City -Manager of Development Services prior to thc installation of the wastewater trunk line. ii. If the-lepatien er size of the developer's proposes a tewate mn14- IiTee got consistent-wi i he CIty'e ap 'Teahle 1vnc�asstewater Ma-ster-Pl- and C ni Improvement Program for thc service area, the developer's application-fer reimbursement -may not ben,ded re� until--aTnr-amendment to thc applicable W stewatef Maste _Pl-an has been approved by the City Council. The developer shall prepare and submit a draft -amendment to the applicable Wa-stewater Master Plan to- he i tan+ Ci+„ Manager of Development Services if such is ree ;�i ��„ed-I,f Assi ta-;t- ty M ager of Develop n t Services approves the proposed amendment, the amendment shall be submitted to the Planning Commission for its recommendation and to the City Council for consideration. c. Plan Amendment and Submission Requirement) The submissi nrts to tihe--app•li Wastewater Master Pion shall drainage facilities, and--readsnst, acted -to th ;dards in the Urban Transportation Plan) at the site of thc pro ng the route of thc proposed trunk line extension. The draft amendment to the applicable -Wastewater -Master Plan should contain a recommended sequencing of construction-eff-trunk system improvements. 17 A trunk line construction -arid reimbursemen+ agreement mum e City Council before the developer starts construction. The reimbursement only shal-kbee--made ^won monio are available in and appropri� ed from the Wastewater Tr rnk S Vic$ Tr rst 'Pv-r'-ru-r-rlTrvt , ro�?JrrCttc.�Tnvrrrcrrti v-vlT.7rl.-�vrxrc-I-1'rCTff. '-'7 "men-�'7-rT7.��C fund. The -order of reify"�b�rsemen4 - ^ril',r, ",-detr„ned according to the date the wastewater -trunk system construction and reimbursement agree -by-the City Council. c. Deferred Reimbursement If the developer -is -owed funds from the —Wastewater -Trunk System Trust Fund reimbursement shall be made as fundsare deposited into the trust fund from other development and/or, thc developer will be-given-credit-f rrot o; -acreage fees -that -are -due on subsequent final plats file k. The amounts credited will be deducted from the outstanding —amounts -owed -to the developer-by-th�r� Waste`�ratoateerT unk System Trust Fr rnd r rntil the total amount owed has been pairs provided that the llandss being p1atteed-acre rithinr contiguor s to the boundaries of the preliminary plat of the originally developed -prop the l- anrd w ll be served by the wastewater trunk line for wh-i-ch -i.e-c-Fed t vow rvir �rve-n—anrl an e 4encien of-tlhc trunk -I+ne1 as not required to servo the land. (Ordinance 032357, 02/23/2021) Collection I ire Extensio-n. WhenTba_ udip�ryision single lo+ rnr ct trar�t_i TLde-vei�ed tilin an aVrea--he're-the Assistant -I , evelopment Services has determined that a collection line will serve such area the extension a collection line may be made to serve such property either by the City or thc devele- axirrum developer reimbursement will be limited to 504/0 of the off site extension cost. (Ordinance-03z` F7 0 23i2Q21) a. Credits If the developer -installs such -collection -liner the -developer shall be credited for the actual off site installation-coll-as-airy-ever-sizing beyond its needs and as required by the Assistant Cyr --of Pev nm ryems, un fo the amo, rrnf of his lot or acreage --fee rovidedd an application for credit, including all cost supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of such collection line and is approved. b. Reimbursement If thc actual cost for installation of such collection line is greater than the -lot or acreag-e fcc, the de -veto -per shall be reimbursed (Ics" any l t o acreage -fee credits` frog, f available from thc Wastewater Collection Linc Trust Fund for that portion of the collection line s tilled by -the de-v'eloper rip fo4ho mavimum reimbursement criteria described. Provided, however, rr, order to be reimbursed as set forth in this subsection: 18 i. The developer shall-sttbmi#-a-n application for rein. s r&n+,T-inelud+ng-a-l1-cost- supporti-ng-deEumentation, to -the ncsista► t C-ity Manager of Development Services prior to the installation of the collection line. +i If the Inns+inn er size of fhe ae, eloper's proposed collection line is not consistent with -t-h-e C-it '. nrccab1e-M-as4eplan, the developer's application far reimbursement may not be conside-redt rn+il an amend4-nent to the applicable Master Plan has been approved by th^c ity Counc-i-Th,e developer shall prepare and it a draft amendment to the applicable Ma 1er-plan to the Assistant C-ity nnananer of Development Services if such -is -required. If the Assistant C+i:y-Manager of Development Services approves the propesed amendment, thc amendment shall be &uubm-itted to the Planning Comm-issien-for its rceemmendatien-and to the City Council for consideration. c. Plan Amendment and Submission Reguiremcnts Tq-ee submissions for draf+ amendments tet-h-e pnlicabblln Wastewater Master Plan shall address the current availability of related infrastructure (including water serviceadequate drainage -facilities, and roads constructer +�a-�a-the-s anda �s i- +ho I Irhan Trancnnr+a+in n Plan) at thc site that will be served -by fhe proposed collection line extension. The draft amendment t e-aappli^ b1e at Was+ew� er- n�-er n hoLrld contain a recommended sequencing of construction of collection system improvements. ek-Payment-a-n-el-P-ri-o-rity-of-Reim-b-u-rse-meftts A collection line extension construction and reimbursement a by -the City Council befere—develepe, sta s ee uction. The rcimb-ursement only shall -be -made -when monies arc fully availabl e Collection Line Trust Fund. The order of reimbursement will be determined according to thc date the collection main construction and reimbursement agreement ;sr -approve bammy zhe-City Council. In instances whvvhere properties are adjacent to a collection line installed by others, unlccs privately funded, a pro rata fee per front foetwill-be-arced for that portion of thc line fronting the property such amount to be paid whcln-the proper+„ is pla++eri. c. Deferred Reimbursement) if -developer is e-Cotlect on- n Tr„c+ F„nr1 reimh„rsemnn+ shall be made as funds arc depositeda-,Ate she trust fund from other development and/or, subsciquent lot or acreage fee c ed-ifs- rom subsequent final plats fil sty (,veil, wh�T-l.a.ncl-s-aie-o Within nr contig„o„s tr. the bo„ndaries of the-preiminary plat of the originally developed propa#y anri whieh win bn ser„ec, b„ +he tewater collection line fTnoT� rhiT�To nrin►►ahrnrli+ nias ni,•en r collection line extension, may be credited to the outstanding amounts owed to the developer by the Collection Line Trust Fund until the total amount owed -has-been pair) regardless of the order reimbursement: (Ordinance 032357, 02/23/2021) f. Residential Subdivisions 19 Subdiv+slons designed -for residen ial shall include cellectien lines laid -out -with +ndtvidual-service pre taps -to -each -lot -up -to -the prope 4i-n-e; te-bc installed -in conformity wifh fho cu4renty adopte��/�/r to aters4an dS ``"" `"' ff `` rctsrcvv c.rLc-i-.rcar-r 3. Wi s-tewa'ter-TrTun k F ort;t' Main Exte n s i e s If a trunk force main system is not in place when required for -development, the developer may install that portion of the trunk force main system necessary to meet ci irrenfl„ adopted Wastewater standards and shall -comply with the current a Master -Plan a. Credits if thc developer installs the wastewater --trunk force main fho ddeve1eper shall be credited for the actual installation costs up to thc amount of his lot or acreage fec, provided an a-ppl-ication forcredit, including all cost supporting-dtecumentation, has been submitted to the ssistantMan�+ger of DevelopmentMces prior to the installation of thc trunk force main and is approver) by the n istant City Manager of DeveIL-o-p i er'-i-7 Servi,_ 4aes b. Reim-bitra,-se-m-ent If the actual cost of installing a wastewater trunk force main is greater -than -the -lot -or acreage fee, theme velopGr will he reimbursed (l-<ess any lot or acreage fec credits) from funds available from the Wastewater Trunk System Trust Fun force mains installed by the -developer. No reimbursement shall be available for improvements -installed or designork without the approval of the City Provided however in order to be reimbursed as set forth ii-n-this sf ibsection: i. The developer shall s rsement, including an -cost - supporting documentation, to the Assistant City Manager of Development Services prior to the installation-ef-the-wastew-ater trunk -force -maim, pain ii. If the location or size of the developer's proposed trunk force main is not consistent wit-"r, b-e--City o--appl cable -Master Plan for the service area, the developer application for reimbursement may not -be considered until an amendment to the shall prepare and --submit a -draft -amen l-mcnt to thc applicable -Master Plan to the Assistant City Manager of Development Services if such is required. If the Assistant City Manager of Development Services approves the proposed ame-ndment, the -amendment -shall be submitted to the P er c. Plan Amendment and Submi-sion Requirement) The submissions for draft amendments to thc applicable Wastewater Master Plan shall address the current availability of related infrastructure (including- �afo ervice, adequate drainage facilit„� i and -rows constructez to stand-a-rd-s an Transpor-t,tion Dlr rcr,) n-the area that will--bc serviced by thc proposed trunk force main. The draft 20 amendment to the applicable-Wa tew-ater-Mraste; Plan should contain a recommended sequenc,�,, of construction of try tern4m-p-revemcnts. d. Payment and Priority of Reimbursement A-trLlnk farce- ,. in- extenrsion construe ' rsement,= agree Rent must be ,ap-prayed by the City—C-e-u-nc l before the developer starts construction. The ei�mbursemen+ 0nl„ shfl be made when monies arc available in and appropriated from the the Waste er Trunk System Trust Fund -The order of reimbursement-w+ll bc determined -Wastewater .. _ _" � `" �. r rr-r rcr�i -r-�cr according te-t#e-date- ^castewater to ink force main cons+ru on and-re-inbursement a ,-,enter,-rt is appmeved by the City Council- c. Deferred -Reimbursement If thc devcloperis e s--rem--theme stewater=True-k-SyctemnrustJ d reimbursement shall be made as fund-s-are deposited into the trust fund —from —et —her development and/or, the developer will bY,Tr given credit for let „r acreage fees that arc due on suboequent-;in,�Tal-plats fiI_rgyred ` th-the-Co11ntyTv-Cleik1 The-L hunts ere dc�-vviU be deducted -from -the outstanding amounts-owedto the deveIo cr by the Wn wat r-Trunk System Trust Fund until the total amount owed has been paid provided +hat the -lands being platter are wi+bin or eentigi he perty, the-i nrl will be served bye the to ink force main for which the Gredi+ s gyer anri an ov+ensien ef-fhe trunk force main was not required to -serve -the land. (Ordinance 032357, 02/23/2024) 4. 1ft ewater I ift Station Insta s # a was+c��ce.watefi♦ft station is not in place nr one that is in place is inadequate when required for deve4enmen+ +hc developer may install or upgrade the lift station to meet adopted City wastewater standards, a. Credits l4-thelevel per inc+ally ^grades a lift station, the developer shall be crod+ted-for thc actual installation costs up to the amount of his lot or acreage foe, provided an application fef-credit -including all cost supporting documentation, has been c, ib ed to the Assistent-C-ity-Managcr of Dovciepmc t-Services prier to theme the lift station and is approved, b. Reimbursement If thc actual cost of installing or upgrading a lift station is gr ter than the lot or acr ge fee, the developer will bc reimbursed (less any lot or acrcagc fee credits) from funds available from the Wastewater Trunk S ; TIC-T„-ust-F-und for that portion of the lift station e developer. Provided however, in order to Pe reimbursed as set forth in this subsection: 21 Thc--dev-elspesbe„l- uhmi+ an app1 cation for reimbursement, including all cost- s-upportirg-documentati^n +^ +he Assist ,n ty-Manager of Deese eG prior to installing or upgrading -the -lift station-: ii. If thc location or size of thc developer's proposed-tlecti 1 e is-1-^ot consistent with the Cit s applicable Master —Plan, the developer's application for -reimbursement may not be considered unti-l-en amendnmment to the applicable Master Plan has bgen appreved ii—The developer shall prepare and it a draft amendment to the applicable Master Plan to the Assistant City Manage ^fr �r-vevelopmonf Corvinoc if such is required. If -the Assistant City Manager of Development Services approves the proposed amendment, the amendment shall be submitted to the Planning Commissioner its recommendation and -to -the City Council for consideration. n Plan Amendment and Submission Deguirements Thc submissions for draft amendments to the applicable Wastewater Master Plan shall addresshe current availability of relater) infrastructure in the -area -that -will be scrv-iced-by the proposed lift station. The draft amendment tot t-cr Master Plan should contain a recommended sequencing -of -construction of system improvements. d ment and Priorit„ of Reim-bursemcnt A lift station constr fiction and reimbursement agreement must be approved by thc City Coa-n—l-beforeth e„efaper-star_ ct+'on. Reimburse, n+ ^nl„he made from the Was+ems —ter k System�m Trrust -Fund. Thc order of=reimbursement win be determined according to +he date the waste water 'nation construction and reimbursement a-grcernent is app-reved__by_ e--#-y Council. e. Deferred Reimbursement If the developer is m-th-e WastewatTer T �- ,stem Trust F,u;-nd reimbursement shall be made as funds aro deposited into the trust fund from othe-r development and/or, thc developerwill-be-g+yen credit for lot or acreage fees + th^,�-are-d-u-e en subsequent final p atmoiled-witth---the-Cry-C-ler-k The-aTmounts credited will be deducted from -the outstanding amounts —owed to thc developer by theme'as-tewa-ter Trunk System Trust Fund unti-l-tr.tal Omni in+ owed has been paid, provided that the lands being platted are iguous to the boundaries of the preliminary plat of the originally develops• nr„nor+„ +he land is senie`J by +ham ich the credit was given, a new lift station additional trunk line extension was not -required to serve the land, and the- ne - development did not-reg ire +hhe mod-ification or expansion of the lift station serving the land. (Ordinance 032357, 02/23/2021) 8.5.2.F. perty-Outsid-e-City-ti-mits im, 22 When properly -requesting -wastewater service in accordance with this policy is located outside the Ci+, its, the property -owner shatkagrec to annex or sign a contract to annex such property -to the City-p-r�erto-waste ater-s-efvioc be+nry made avail -at -le to the subdivision- 8.5.2.G. Exemptions 9. The following categories of property are exempt from the wastewater lot or acreage fees of this Section: -1--a. No Wastewater Trust Fund lot or acreage fee shall be paid if such land for which the fees are paid lies within an area exempted by the Director of Development Services or City Council from the payment of such fees. Such exempted areas shall be those determined not to be served by existing improvements, near -term improvements, or improvements to be installed within 10 years, as shown on the Wastewater Capital Improvement Plan. by -the -Di -rector of Development Services er Gi+y r'oun ie1-tee not likely to be se ved-bAf-City waste services within the next 15 years i. The Director of Development Services may make such determination when the fees of the area being exempted are $50,000 or less. City Council, with the advice of the Director Assistant of Development Services and the Planning Commission, may make such determinations whenever the fees of the area being exempted are more than $50,000. Any request for a determination of exemption, other than from the Director of Development Services, Planning Commission, or the City Council, shall be submitted in writing to the Assistant City Manager of Development Services, along with the filing fee published in the Development Services Fee Schedule, Chapter 14, Municipal Code. ii. For areas with fees greater than $50,000, the Director Assistant City Manager of Development Services shall make its recommendation to the Planning Commission, and such request will be scheduled for a Planning Commission hearing within 60 days after the filing of such request. Thereafter, the Planning Commission shall make its recommendation to the City Council, which shall make the final determination. iii. The City Council, may, at any time, cease to exempt any area previously exempted, and thereafter such fees shall apply. b. Government subdivisions, being defined as federal, state, county, or municipal entities and their subsidiary or affiliate corporations, whose operation is funded by collection of taxes, including sales tax, property tax, income tax, and other forms of taxes as may be established and accessed by such government subdivisions, shall be exempt from payment of acreage fees and surcharge fees described 23 herein. Entities exempt from payment of said fees shall be prohibited from receiving reimbursement from any fund established as a depository of such fees. c. The exemption in this section only applies to wastewater lot or acreage fees. The exemption in this section does not apply to impact fees or any other fee not specifically identified in this subsection. 1O.Owners of property for whinh�.a_wastcwater-iet or acreage fee hsbeen paid under conditions of this-seetiof ,-m-ay receive a --refund of their pro rata portions {-19-ased-entotal-lets--er acreage) of the_ot-or acr ge fee -aid if, after 10 15 years, but not more than 2�s-fr-em the date of the filing of the plat, the ners of 50% of the proper y� vitnin-sa14-finel-plat petition the--City-Geuncil for a hearing to determine whether the fees sho, ilri be refunded A refu fd-may be made if the City Council finds: a. The petitioners are the prope y o more of lots fnr wh-ieh a wastewater lot or acreagofce-"mac boon nairli b—No westewater lines se; vo the petitioners' property from the Ci+ wastewater syste- €r-om--annethe-r-gever-nmcn-taI entity, or from -existing -wastewater control districts, or authorities which provide for the collection or treatment of sanitary c. The property is not likely to be served-wit-suela west�+or link ,^-thin five years. '—Any-refu-nds shall only be made when -monies are fully in, and appropriated from the Wastewater Trunk Line Trust Fund. The ordcr of rcimburscment will bed ined according tofie-date-tha-tion-for ref, ind is annreved by the City Council. ii. Governmental entitieo wastewater nnn+r-el districts, or authorities other than the S—inh h revided for the collection or treatrnen+ of sanitar„ sewane-to a tract of land for which a lot or acreage fee has been paid to the + h of„-f T imbursement of the lot nr acreage fec paid on such tract if such-free-h-as-not c iearlccrcry been rat refcrride the let vvviTei�. L1ni refiinrlc • , • e F I s -aI' e ,Wastewate rnk ine Trust F Teord morni se en+ llll—be determined according to the date the application -for -reimbursements is approved by the City Couaeil (0-4manse 031539, 0912/1/2018) iii. The forego' -respect to exempting from payment or refunding of -let -and acreage -fees only -any' is not intended to e*emp aive any other platting or other requirements. 2. Government subdivisions, being defined as federal, state, county, or municipal entities and their subsidiary or affiliate c ern+inn is f„nded b„ e 11ec ion of tax s in ding sale-s-ta-x, property -tax; it -come tax, and other forms of taxes as 24 may-bee-estab11 rhred and accessed b suc1 mnaent subdivisions, shall be exempt ge f-,e nd s„rcharge fees-4esc4bed--hefein Entities exempt from p-a ef-s-aim-fees Shan be nr„hihirod fr receiving rein-,h„_,b-u-rse en+ fr„n-, an„ f- Intl established as a dep i+wry/ of such fccs. 3. The exemption in this section only applies lot or acreage fees to be deposited into the Wastewater TrunR-Line Trust Fund. The-exernOen in this section does n^+ apW„ iITn2et-feesor_a.n„ ether fee riet specifically identified in this subsection. 8.5.2.H. No Double Credit A lot or aercage fee for this same—p-roperzrty ma , onl„ be credited against either the Wastewater Trunk System Trust Fune-s he Collection Line Trustagainst both -trust funds. (Ordinance 032357, 02/23/2021) 8.5.2.C. Wastewater Reimbursements and Credits 1. Wastewater Trunk Line Extensions In the event the trunk line system is not in place when required for development, the developer may install that portion of the trunk line system necessary to meet the established design standards. 2. Wastewater Trunk Force Main Extensions If a trunk force main system is not in place when required for development, the developer may install that portion of the trunk force main system necessary to meet currently adopted Wastewater standards and shall comply with the current adopted Wastewater Master Plan. 3. Collection Line Extensions When a subdivision, single lot, or tract is developed within a service area as shown on the Wastewater Master Plan that will serve such area, the developer may extend a collection line to serve such property. Maximum developer credit or reimbursement will be limited to 50% of the off -site extension cost. 4. Wastewater Trust Fund Reimbursement Agreement a. Developer may request a reimbursement agreement for the installation of trunk line, force main, and/or collection line extensions. b. To request reimbursement from the Wastewater Trust Fund, a reimbursement agreement application shall be submitted and include the following: i. a planning commission -approved final plat; ii. approved public improvement plans (design memorandums do not qualify as public improvement plans); 25 iii. cost estimate for trunk line, force main, and/or collection line extensions; and iv. an application fee. c. The developer shall submit an application for reimbursement, including all cost - supporting documentation, to the Director of Development Services prior to the installation of such trunk line, force main, and collection line extension. The application must be deemed complete before a date is scheduled for consideration by the City Council. d. If the location or size of the developer's proposed trunk line, force main, and collection line extension is not consistent with the City's Wastewater Master Plan and Capital Improvement Plan Program, the developer's application for reimbursement may not be considered by City Council until an amendment to the current City Wastewater Master Plan has been approved by the City Council. The developer shall prepare and submit a draft amendment to the Director of Development Services. The submissions for draft amendments to the Wastewater Master Plan shall address the current availability of related infrastructure (including wastewater service, adequate drainage facilities, and roads constructed to the standards of the Roadway Master Plan and/or Urban Transportation Plan) at the site of the proposed development and all tracts of land along the route of the proposed transmission or grid main extensions. The draft amendment to the Wastewater Master Plan should include a recommended sequence of the construction of the wastewater system improvements. e. A reimbursement agreement must be approved by the City Council before the developer starts construction of wastewater improvements. q. The Developer shall be reimbursed by a lump sum upon completion of the wastewater improvements. f. For each reimbursement request, the Developer shall certify: i. there are no known liens or bond claims outstanding as of the date of the reimbursement request; ii. all due and payable bills with respect to the installed Wastewater Infrastructure have been paid to date or are included in the amount requested in the current reimbursement request:, iii. except for such bills not paid but so included, there is no known basis for the filing of any liens or bond claims relating to the installed Wastewater Infrastructure; and iv. releases from all Developer's contractors, subcontractors and materialmen have been obtained in such form as to constitute an effective release of lien or claim under the laws of the State of Texas covering all Wastewater Infrastructure installed; provided if any of the foregoing is not true and cannot 26 be certified, Developer shall revise the certificate as appropriate and identify all exceptions to the requested certifications. Upon receipt of a reimbursement request pursuant to a reimbursement agreement, the City will evaluate the work for conformance with the City -approved plans and specifications. Where funds are available, payment will be made for work done in conformance with the City -approved plans and specifications. Where funds are not available, City staff will acknowledge conformance with the City -approved plans and eligibility for reimbursement or trust fund credits. k. Developer shall complete the Wastewater Improvements, under the City -approved plans and specifications, within 12 months from the date the City Council approved the reimbursement agreement. In the event that the Developer fails to complete the Wastewater improvements in accordance with the plans and specifications approved by the City within 12 months, the Director of Development Services may: i. extend the Reimbursement Agreement for an additional 12 months (subject to loss of priority for reimbursement); a) If project completion is greater than 50%, the extension may be approved by the Director of Development Services; b) If project completion is less than 50%, the extension may be granted by the Assistant City Manager of Development Services; c) If the Director or Assistant City Manager does not grant the extension, a request for reconsideration may be requested for City Council consideration. ii. terminate the Reimbursement Agreement; iii. refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or IV. any other remedy available under state law. If because of force majeure the developer is unable to carry out its obligations under the Reimbursement Agreement, the obligations of the Developer, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no more extended period than the inability, and the Developer shall endeavor to remove or overcome such inability with all reasonable dispatch. k. The City's execution of a Wastewater Trust Fund Reimbursement Agreement is as trustee of the Wastewater Trust Fund. The City acts as a trustee to further its governmental functions of providing water and wastewater service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or making any appropriation or donation to the same, or in any way loaning its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of a 27 Wastewater Trust Fund Reimbursement 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 any judgment can only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. 5. Payment and Priority of Reimbursements a. If the developer installs such wastewater trunk line, force main, and collection line extensions subject to a reimbursement agreement, the developer shall be reimbursed from funds available from the Wastewater Trust Fund for that portion of the trunk line, force main, and collection line extension installed by the developer. b, Such reimbursement shall only be made when monies are available in and appropriated from the Wastewater Trust Fund. The order of reimbursement will be determined according to the date the reimbursement agreement is approved by the City Council. In the event an agreement approved by City Council is extended by the Director of Development Services, the order of reimbursement for the extended contract will be based on the date the agreement extending the reimbursement agreement was fully executed. 6. Credit a. Where monies are not fully available and appropriated from the Wastewater Trust Fund, the Developer may receive trust fund credit for outstanding reimbursement owed. b. Trust fund credits may be used for payment of water and wastewater lot and acreage fees, pro-rata fees, and surcharge fees. Credits for wastewater infrastructure may be used for either water or wastewater lot and acreage fees, pro-rata fees, and surcharge fees. c. Trust fund credits are fully assignable with the written consent of the Director of Development Services. 7. Residential Subdivisions Subdivisions designed for residential use shall include collection lines laid out with individual service pre -taps to each lot up to the property line, to be installed in conformity with the currently adopted Wastewater standards. 8. Property Outside City Limits When property requesting wastewater service in accordance with this policy is located outside the City limits, the property owner shall agree to annex or sign a contract to annex such property to the City prior to wastewater service being made available to the subdivision. 9. Properties Within City Limits 28 All platted property within the City limits shall be served by a City -approved wastewater treatment system, as per Subsection 8.2.7. 8.5.2.D. Oversight 1. The Director of Development Services may transfer monies from one trust fund to the other to better carry out the purposes of this United Development Code. Wastewater trust funds may be transferred to the water trust fund, and water trust funds can be transferred to the wastewater trust fund. 2. Once every two years, the City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the wastewater trust fund, and may, after a public hearing, adopt a new schedule of fees and charges. 3. Once every two years or as requested, City staff and the Trust Fund Advisory Group shall brief City Council on the fiscal status of the Wastewater Trust Fund. SECTION 3. UDC Article 8 "Subdivision Design and Improvements", Section 8.4 "City Participation in Streets and Drainage Crossings", is amended by adding the following language that is underlined (added) and deleting the language that is stricken {dele#ed4 as delineated below: § 8.4 City Development Agreements. 8.4.1. Streets A. All Streets 1 City participation funds may be used to fund street projects and ROW or other improvements. City participation will be limited to a 30 percent reimbursement rate for the construction improvements. The oversizing of improvements, at the request of the City, may be eligible for a reimbursement rate not exceeding 100 percent of the cost for the required oversizing, as outlined in this section. 2. Participation shall comply with Texas Local Government Code §212.071 et seq. 3. The developer shall submit the Public Improvement Package to Development Services for review and acceptance. 4. The developer shall submit an infrastructure participation application, including all cost -supporting documentation, to Development Services. 5. The infrastructure participation agreement must be approved by the City Council after certification that the necessary reimbursement money is fully available as required by Texas Constitution, Article 11, § 5 and City Charter, Article IV, § 7; before any construction begins. 6. The Developer/Owner shall, before the agreement is executed by the City, furnish a performance bond if the contract is in excess of $100,000 and a payment bond 29 if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. B. Drainage Crossings Where crossings over drainage ways are necessary, the developer shall be required to construct the crossings at its expense if the ultimate bottom width of the drainage way does not exceed 15 feet. If two or more developers own property adjacent to the drainage way, they shall deposit an equal share of the estimated cost of the bridge or crossing. The crossing shall be constructed when all developers involved have deposited their share of the money for the construction. The City shall participate in the cost of construction of any drainage way crossing if the ultimate bottom width of the drainage way exceeds 15 feet, the side slope is approved by the Assistant City Manager of Development Services and the following conditions are satisfied: 1. Before construction begins, available funds shall be appropriated and certified and the City Council shall authorize an infrastructure participation agreement. 2. Participation shall comply with Texas Local Government Code §212.071 et seq. The participation shall be an amount determined by multiplying a fraction comprised of the ultimate bottom width less 15 feet divided by the ultimate bottom width and the applicable construction costs. The City shall not under any condition participate in the cost of construction of any drainage way crossing if the ultimate bottom width of the drainage way is 15 feet or less; nor will the City participate in an amount greater than the amount determined by the above formula if the property on one side is an existing street or any other public property; nor will the City participate if the bridge is located outside the City limits. In estimating the total cost of construction for bridge crossings, the plans shall include the structure, headwalls, retaining walls, embankments, roadways, pavement, curbs and gutter, sidewalk, railing and related drainage structures, testing and engineering and related project expenses within the drainage right-of-way excluding 10 feet of improvements on each outside edge of the right-of-way. 3. All engineering work shall be performed by the developer's Texas -licensed professional engineer and approved by the Assistant City Manager of Development Services. Participation by the City shall be limited to the total costs (inclusive of engineering fees) for the improvements required by the City. Anything in excess or more elaborate than the City's requirements will be at the developer's sole expense. C. Wastewater Lift Stations If a wastewater lift station is not in place or if the one that is in place is inadequate when required for development, the developer may be required to install or upgrade the lift 30 station to meet the adopted City wastewater standards and Wastewater Master Plan. The City may participate in the construction or upgrade of a wastewater lift station. 1. Participation shall comply with Texas Local Government Code §212.071 et seq. 2. The developer shall submit an infrastructure participation application, including an approved public improvement plan and all cost -supporting documentation, to Development Services. 3. The infrastructure participation agreement must be approved by the City Council after certification that the necessary reimbursement money is fully available as required by Texas Constitution, Article 11, § 5 and City Charter, Article IV, § 7; before any construction begins. 4. The Developer/Owner shall, before the agreement is executed by the City, furnish a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. D. Other Public Improvements Other public improvements may be considered for funding if they are consistent with the comprehensive plan or utility master plans and implement city initiatives including but not limited to incentivizing affordable or work force housing, walkable communities, mixed use projects in an area development plan designated for mixed use development, redevelopment of vacant buildings; streetscape enhancements along UTP streets, and rehabilitation of buildings with local, state or national historic designations. SECTION 4. UDC Article 1 "General Provisions", Section 1.11 "Definitions", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (delctcd) as delineated below: Wastewater Surcharge: A fee to be charged in addition to sanitary sewer tap or meter set fees to be paid when the sanitary sewer tap or meter set fee is paid. The current surcharge is published in the Development Services fee schedule, Article XII, Chapter 14, Code of Ordinances. Water Surcharge: A fee to be charged in addition to tap or meter set fees for single-family or duplex utility connections to be paid when the tap or meter set fee is paid. The current surcharge is published in the Development Services fee schedule, Article XII, Chapter 14, Code of Ordinances. SECTION 5. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City 31 Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This Ordinance shall become effective upon publication. Introduced and voted on the \"'l"\ day of (V\G(Gh , 2026. D and APP ^ OVED on the ;Li Nay of G,(C,h , 2026. ATTES Paulette Guajardo, M EFFECTIVE DATE 2-30-a(., Reba Huerta, City Secretary 32 033894 USA TODAY CO. I LocaliQ AFFIDAVIT OF PUBLICATION Gina Trotter City of Corpus Christi Development Services 2406 Leopard ST Corpus Christi TX 78408-3720 STATE OF WISCONSIN, COUNTY OF BROWN The Corpus Christi Caller -Times, a newspaper published in the city of Corpus Christi, Nueces County, State of Texas, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio Counties, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 03/01/2026 and that the fees charged are legal. Sworn to and subscribed before on 03/01/2026 My commission expires Publication Cost: $145.84 Tax Amount: $0.00 Payment Cost: $145.84 Order No: 12124075 Customer No: 1349650 PO #: THIS IS NOT AN INVOICE! Please do nor use this form for payment rennuance. # of Copies: 1 NANCY HEYRMAN Notary Public State of Wisconsin PO Box 631667 Cincinnati, OH 45263-1667 NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CORPUS CHRISTI, TEXAS UNIFIED DEVELOPMENT CODE The Corpus Christi City Council will conduct a public hearing on Tuesday, March 17, 2026, during a regular meeting which begins at 11:30 a.m. in the City Coun- cil Chambers, Corpus Christi City Hall, 1201 Leopard Street to consider amend- ments to the Unified Devel- opment Code (UDC), to adjust requirements of Arti- cle 8 "Subdivision Design and Improvements" and related language within other Articles of the UDC regarding platting regula- tions. The proposed amend- ments are available for public viewing at the Devel- opment Services Depart- ment at 2406 Leopard Street. Page 1 of 1 USA TODAY CO. PO Box 631667 Cincinnati, OH 45263-1667 * LocaliQ AFFIDAVIT OF PUBLICATION NOTICE OF PASSAGE OF ORDINANCE(S) Mariah Resendez NO. 033894, Ordinance Accounts Payable City of Corpus Christi-Secretary amending the Unified Devel- PO Box 9277 opment Code ("UDC"), §8.5 Corpus Christi TX 78401 to revise water and waste- STATE OF WISCONSIN, COUNTY OF BROWN water trust fund administra- tion, fees, and reimburse- The Corpus Christi Caller-Times, a newspaper published in the city men t procedures; §8.4 U D C of Corpus Christi, Nueces County, State of Texas, generally circulated in Aransas,Bee, Brooks, Duval,Jim Hogg,Jim Wells, to revise participation Kleberg, Live Oak, Nueces, Refugio,and San Patricio Counties, agreements; and providing and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the for publication. This o rd i- issue: nance was passed and 03/30/2026 approved on second reading and that the fees charged are legal. by the Corpus Christi City Sworn to and subscribed before on 03/30/2026 Council on March 24, 2026. /s/ Rebecca Huerta City Secretary Legal C e Notary,State I,County o Brown 614i. My commission expires Publication Cost: $95.54 Tax Amount: $0.00 Payment Cost: $95.54 Order No: 12199194 #of Copies: Customer No: 1356906 1 PO#: NO.033894 THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. . VICKY FELTY Notary Public State of Wisconsin Page 1 of 1