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Home My WebLink About17092 ORD - 06/23/1982mb;6/2/821st AN ORDINANCE AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V -B(5) TO ESTABLISH A WATER MAIN EXTENSION POLICY, INCLUDING ESTABLISHING $75.00 PER LOT OR $300.00 PER ACRE FEES FOR SINGLE FAMILY OR DUPLEX SUBDIVISIONS, $150.00 PER LOT OR $600.00 PER ACRE FEES FOR OTHER THAN SINGLE FAMILY OR DUPLEX SUBDIVISIONS, $100.00 PER LOT SURCHARGES, PRO RATA FRONT FOOT CHARGES OF $4.25 A FOOT, ESTABLISHING A GRID AND ARTERIAL TRANSMISSION MAINS TRUST FUND FOR USE IN OVERSIZING GRID MAINS, CONSTRUCTING ARTERIAL TRANSMISSION MAINS, AND GRID MAINS AND IN REIMBURSING DEVELOPERS FOR CONSTRUCTING ARTERIAL TRANSMISSION OR GRID MAINS, ESTABLISHING A DISTRIBUTION MAINS TRUST FUND FOR USE IN OVERSIZING DISTRIBUTION MAINS, CONSTRUCTING DISTRIBUTION MAINS, AND IN REIMBURSING DEVELOPERS FOR OVERSIZING AND CONSTRUCTING DISTRIBUTION MAINS OFF-SITE, PROVIDING FOR MAXIMUM EXTENSIONS AND DEVELOPER CREDITS FOR ACTUAL OFFSITE INSTALLATION COSTS UP TO THE AMOUNT OF THE LOT/ACREAGE FEE, PROVIDING FOR REIMBURSEMENT OF DEVELOPERS FROM FUNDS AVAILABLE IN THE RESPECTIVE TRUST FUNDS FOR THAT PORTION OF MAINS INSTALLED BY THE DEVELOPER UP TO THE MAXIMUM EXTENSION AND THAT REQUIRED BY THE DISTRIBUTION SYSTEM STANDARDS, AND PROVIDING FOR BI -ANNUAL REVIEW OF FEES AND SUFFICIENCY OF TRUST FUNDS. Whereas, the Planning Commission and the City Council have determined that there is a need for encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas; and Whereas, the Planning Commission and the City Council recognize the need to establish an equitable system of spreading the cost of water main extensions required for development pursuant to the Distribution System Standards; and Whereas, the Planning Commission and the City Counsp have determined that such an equitable system can be effectuated by the establishment of trust funds to be administered by the City of Corpus Christi for the purpose of carrying out orderly water main extensions, and by the establishment of a system of credits and reimbursements for developer installed water main extensions meeting the Distribution System Standards: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Amending the City of Corpus Christi's Platting Ordinance, Ordinance No. 4168, as amended, Section V -B(5) to hereafter read as follows: 17092 so -46 \9134 WOE iLMED 5. WATER LINES. (a) Where an approved treated water supply main of sufficient capacity as determined by the Water Superintendent is available within one (1) mile of the property being platted, irrespective of location within or without the City Limits, each lot within the subdivided area shall be provided with access to such water supply. The water system shall be designed in accordance with the Distribution System Standards published by the Water Division, Corpus Christi, Texas, in effect at the time of commencement of water system construction. (b) Definitions: 1. Lot Fee: The fee required to be paid by the developer based on the number ot lots in the development. 2. Acreage Fee: The fee required to be paid by the developer based on the acreage in the development including parks, streets, and drainage dedications. 3. Tap Fee: The fee to be paid that provides a utility tap or service connection for City owned utilities. 4. Surcharge: A $100.00 fee to be charged in addition to tap fees for single family or duplex utility connections to be paid when the tap fee is paid. 5. Prorata: A fee required to be paid by the developer as a front foot charge for the portion of water main fronting the property that is required for the development but installed by others. 6. Fee Value: The value of the fees that the property would be charged including lot/acreage fee and surcharge. 7. Distribution Mains: Mains of 12 inches inside diameter or smaller connected to the supply mains that provide fire protection and domestic service. 8. Grid Mains: Mains of 12 inches inside diameter or larger that serve as distribution supply mains and are not to exceed 6,000 feet in length between cross connection mains. 9. Grid Loop: That portion of the grid system where the grid main is completely closed around an approximate square mile area, or as permitted by the Distribution System Standards up to a maximum of an approximate square mile area. 10. Transmission Mains: Mains of large diameter used to transport water from treatment facilities to distribution areas. 11. Arterial Transmission Main: That portion of a transmission main or its branches lying within a distribution area used to supply the grid system within that particular area. (c) Before any unit of a subdivision, or single lot, or tract for which the use is other than single family or duplex, is completed and the final plat signed, the developer will be required to pay to the City of Corpus Christi a fee of $150.00 per lot or $600.00 per acre, whichever is greater. If the subdivision is zoned for single family or duplex use, the fee shall be $75.00 per lot or $300.00 per acre, whichever is greater. A surcharge of $100.00 per lot will be charged in addition to the tap fee for service to each lot for single family or duplex use only. This surcharge will apply to all property, new or existing, when a service tap is applied for. All lot and/or acreage fees and prorata fees will be paid to the • Department of Public Utilities prior to the subdivision plat being released for filing by the City. Surcharges and tap fees will be paid to the Department of Public Utilities concurrently with the tap application for water service on individually platted lots/properties. These fees shall be applicable regardless of whether the properties are located inside or outside the City Limits. Water service for outside City Limits properties will only be provided in accordance with present City water policy as set for in City Code, Sections 55-110 through 55-119. (d) For all properties inside the City Limits for ten years prior to the date of adoption of this section and adjacent to a water main of sufficient size that existed and was in service on the date of adoption of this "Water Lines" section, the City will exclude acreage and lot fees, provided the land owner within three years of the date of adoption of this ordinance, has under construction a water system with approved City plans and based on a plat having been filed with the Planning Commission. (e) The fees collected under this Section V-6(5) will be deposited into two separate trust accounts as follows: 1. Lot and acreage fees, and seventy-five percent of the surcharge fees will be deposited into the Grid and Arterial Transmission Mains Trust Fund for use in oversizing grid mains, constructing arterial transmission mains and grid mains and in reimbursing developers for constructing arterial transmission or grid mains. 2. Prorata fees for distribution mains and twenty-five percent of the surcharge fees will be deposited into the Distribution Mains Trust Fund for use in oversizing distribution mains, constructing distribution mains, and in reimbursing developers for oversizing and constructing distribution mains off-site. All fees and charges will be indexed to the August Construction Index published in the Engineering News Record and adjusted September 1, each year. The tap fee ordinance (City Code, Section 55-70) separately establishes the applicable tap fee rates for installation of meters on service lines. (f) Credits and Reimbursement: 1. Arterial Transmission and Grid Main Extensions. In the event the arterial transmission main or grid system is not in place when required for development, the developer may install that portion of offsite arterial transmission main or grid main necessary to meet the Distribution System Standards, provided, however, the grid system shall be developed as approximate one mile grids beyond the existing grid to ensure that sufficient service is available. (A) Credits. If the developer installs such arterial transmission main or grid main, the developer shall be credited for the actual offsite installation costs up to the amount of his lot/acreage fee, provided an application for credit, including all cost -supporting documentation, has been submitted to the Director of Engineering and Physical Development prior to the installation of such grid main, and is approved by said Director. (6) Reimbursement. If the developer costs for installation of such arterial transmission main or grid main are greater than the lot/acreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available from the Grid and Arterial Transmission Mains Trust Fund for that portion of the arterial transmission main or grid main installed by the developer up to a maximum of that which is required by the Distribution System 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 may be reimbursed for completing that grid loop, plus up to a maximum of one additional grid loop, if such installation is required by the Distribution System Standards. Provided, however, in order to be reimbursed as set forth in this subsection, (i) the developer must submit an application for reimbursement, including all cost -supporting documentation, to the Director of Engineering and Physical Development prior to the installation of such arterial transmission main or grid main, and (ii) such application for reimbursement is approved by the City Council. Such reimbursement shall only be made when monies are fully available in, and appropriated from the Grid and Arterial Transmission Mains Trust Fund. The order of reimbursement will be determined according to the date the plat is filed for record with the County Clerk. 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 this property either by the City or the developer if such extension is necessary to meet the Distribution System Standards. The "maximum extension" shall be limited to one-half mile (2,640 feet), or 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 up to 50%, which difference shall be non -reimbursable. (A) Credits. If the developer installs such distribution main, the developer shall be credited for the actual offsite installation costs up to the amount of his lot/acreage fee, provided an application for credit, including all cost -supporting documentation, has been submitted to the Director of Engineering and Physical Development prior to the installation of such distribution main, and is approved by said Director. (6) Reimbursement. If the developer costs for installation of such distribution main are greater than the lot/acreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available from the Distribution Mains Trust Fund for that portion of the distribution main installed by the developer up to the "maximum extension" criteria described above. Provided, however, in order to be reimbursed as set forth in this subsection, (i) the developer must submit an application for reimbursement, including all cost -supporting documentation, to the Director of Engineering and Physical Development prior to the installation of such distribution main, and (ii) such application for reimbursement is approved by the City Council. Such reimbursement shall only be made when monies are fully available in, and appropriated from the Distribution Mains Trust Fund. The order of reimbursement will be determined according to the date the plat is filed for record with the County Clerk. In instances where properties are adjacent to a distribution main installed by others, a front foot charge of $4.25 per foot will be charged for that portion of the main fronting the property, to be paid when the property is developed. (g) Subdivisions designed for residential use will include in their water main layouts individual service to each lot to be installed and tested with the water mains as required to conform with the Distribution System Standards. (h) The City Council shall review on a bi-annual basis the adequacy of all fees and charges established herein and the sufficiency of the trust funds, and may, after public hearing, adopt a new schedule of fees and charges and/or transfer monies from one trust fund to the other in order to better carry out the purposes of this ordinance. (i) 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, subdivision name, or for a similar reason will be exempted from the acreage and/or lot fee provisions of this section. 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 ordinance will apply to any such lot or lots created. (j) In areas where such treated water supply is not within one (I) mile, the subdivider shall construct wells in such a manner that an adequate supply of potable water and an adequate supply of water for fire protection shall be available to every lot in the subdivision meeting the then applicable standards of the State Fire Insurance Commission. Such water supply system shall be constructed under the supervision of the City -County Health Unit of the county in which the lot is located according to the aforesaid Distribution System Standards and shall also comply with the regulations of the State Board of Health in regard to such systems. The Director of Public Utilities or his duly authorized representative shall be responsible for determining that such well water supply systems comply with the requirements of this subsection (j). SECTION 2. Severability. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not effect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, word, phrase or provision hereof be given full force and effect for its purpose. SECTION 3. Effective Date and Publication. This ordinance shall be effective upon publication one time in the official publication of the City of Corpus Christi, by publishing the caption of this ordinance stating in substance the purpose, intent, and effect of the aforesaid ordinance. ' That the foregoing ordinance v29 read for he first time 4pd passed to its second reading on this the day of , 19 X21 , by the following vote: , Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance v read for t second time ad passed to its third reading on this the day of , 19 , by the following vote: Luther Jones Betty N. Turner Jack k:Tiumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance wa read for the th41:0 Ome and passed finally on this the „2.3 day of , 19 er.Z./, by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the .23 day ATTEST: r /167,,de' tity Secretary ' APPROVED: '4& • DAY OF , 1922-: J. BRUCE AYCOCK, CITY ATTORNEY City Attorne S.2) em THE CITY OF CORPUS CHRISTI, TEXAS z ` . t AMENDING. THE—PLATT- ING ORDINANCE NO. 01 AS AMENDED, SECTION V•B (51 `TO ESTABLISH WATER MAIN EXTEN- SION POLICY, INCI , FEES—FOR 'SINGLE FAV IILY OR DUPLEX SU DIVISIONS, s150.00 PEI/j LOT OR 5600.00 PER ACR FEES FOR OTHER THAili SINGLE FAMILY 0 'DUPLEX SUBDIVISIONd 1100.00 PER LOT SU CHARGES, PRO RATA) FRONT FOOT CHARGE rERIAL TRANSMISSION tAAINS TRUST FUND FO USE IN OVERSIZING GRIgi SION MAINS, AND GRII;j'" 7AAINS AND IN RE• ,OPERS FOR CONSTRUC •• ING ARTERIA !TRANSMISSION OR GR MAINS, ESTABLISHING DISTRIBUTION MAIN•Sej TRUST FUND FOR USE I TION MAINS, CO TION MAINS, AND I REIMBURSING DEVELij AND CONSTRUCTING DI ,,:j TRIBUTION MAINS OFF SITE, PROVIDING FOIV MAXIMUM EXTENSIONd AND DEVELOPER CRED• ITS FOR ACTUAL OF SITE INSTALLATIOO COSTS LIP TO TH AMOUNT OF THE LOp ACREAGE FEE, PROVI IMBURSEMENT OF Dej VELOPERS FROM FUNDS AVAILABLE IN THE R SPECTIVE TRUST FUN .;.) FOR THAT PORTION 0 MAINS INSTALLED 134j THE DEVELOPER UP T THE MAXIMUM EXTE_ ,til• SION AND THAT RF:)- OUIRED BY THE DISTRI- STANDARDS, AND PRO- VIDING FOR BI•ANNU REVIEW OF FEES AND SUFFICIENCY OF TRUS Was passed and approved I; the'Cfly-C-ouncil of the Clty of Corpus Chrlstl, Taxes on Hi 23rd da9 of June, 1907.--rh full text of said ordinance I • available to the public In the \` STATE OF TEXAS, t„, County of Nueces. ) Before me, the undersigned, a Notary Public, this day personally came LORRAINE MARTINEZ , who being first duly sworn, according to law, says that he is the vo- #V388603 PUBLISHER'S AFFIDkVIL.J GI TY OF CC. nO9 ACC0UNTI1K. ULM{ of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of f NOTICE OF PASSAGE OF ORDINANCE NO. 17092,... of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES on the.28th day of JUNE 19 82., and once each day thereafter for gale consecutive day $- onp Times. 73.80 LORRAINE MARTINEZ::*.Y6)1§4,An-aira ACCOUNTING CLERK • , Subscribed and sworn to before me this 19th day of JJILY ib -82 EUGENIA S. CORTEZ. Notary Public, Nteces nty, Texas