HomeMy WebLinkAbout17396 ORD - 12/15/1982AN ORDINANCE
AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED,
SECTION V -B(6) TO ESTABLISH A SANITARY SEWER EXTENSION
POLICY, INCLUDING ESTABLISHING $150.00 PER LOT OR
$600.00 PER ACRE FEES, $100.00 PER LOT SURCHARGES, PRO
RATA FRONT FOOT CHARGES OF $5.00 PER FOOT; ESTABLISHING
A SANITARY SEWER TRUNK LINE TRUST FUND FOR USE IN
CONSTRUCTING TRUNK LINES AND REIMBURSING DEVELOPERS FOR
CONSTRUCTING TRUNK LINES; ESTABLISHING A COLLECTION
LINE TRUST FUND FOR USE IN OVERSIZING AND CONSTRUCTING
COLLECTION LINES AND REIMBURSING DEVELOPERS FOR
OVERSIZING AND CONSTRUCTING COLLECTION LINES OFFSITE;
PROVIDING FOR DEVELOPER CREDITS FOR ACTUAL 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 THE LIENS INSTALLED BY DEVELOPERS UP TO THE
MAXIMUM REIMBURSEMENT CRITERIA; SETTING FORTH FEE
EXEMPTION CRITERIA; 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;
WHEREAS, the Planning Commission and the City Council recognize
the need to establish an equitable system of spreading the cost of sanitary
sewer line extensions required for development pursuant to the Design
Standards of the Department of Engineering of the City of Corpus Christi;
and
WHEREAS, the Planning Commission
determined that
establishment of
Christi for the
extensions, and
and the City Council have
such an equitable system can be effectuated by the
trust funds to be administrered by the City of Corpus
purpose of carrying out orderly sanitary sewer lines
by the establishment of a system of credits and
reimbursements for developer installed sanitary sewer line extensions
meeting the aforesaid Design Standards;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the platting ordinance of the City of Corpus
Christi, Texas, Section V -B, Paragraph 6, Sanitary Sewers, be amended to
read as follows:
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6. SANITARY SEWERS
(a) Where a sanitary sewer is reasonably available and of sufficient
capacity as determined by the City Engineer, to property being platted
under this ordinance, irrespective of location within or without the City
Limits, each lot within the subdivided area shall be provided with access
to such sanitary sewer system. The sanitary sewer system shall be designed
in accordance with the Design Standards promulgated by the Department of
Engineering of the City of Corpus Christi, Texas, in effect at the time of
commencement of construction.
(b) Definitions:
1. Lot Fee: The fee required to be paid by the developer based on the
number of 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 charge to be added to sanitary sewer tap fees to
be paid when the sanitary sewer tap fee is paid.
5. Fee Value: The value of the fees that the property would be charged
including lot/acreage fee and surcharge.
6. Trunk Line: A sanitary sewer line of 18" diameter and larger that
conveys wastewater.
7. Collection Line: A sanitary sewer line of 15" diameter and smaller
that conveys wastewater.
8. Lift Station: A structure designed for collection and pumping or
lifting wastewater conveyed to it by trunk or collection lines.
9. Force Main: A line designed to convey wastewater as a pressure
system.
10. Pro-Rata Fee: A fee required to be paid by the developer as a front
foot charge for the use of a sanitary sewer which serves property being
platted or developed but which was installed by others.
(c) Before any unit of a subdivision, or single lot, or tract which 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. A surcharge of $100.00 per lot will be charged in
addition to the tap fee for service to each lot. This surcharge will apply
to all property, new or existing, when a sanitary sewer service tap is
applied for. All lot and/or acreage fees and pro -rata 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 sanitary sewer service on individually platted lots/properties. These
fees shall apply regardless of whether the properties are located inside or
outside the City Limits.
(d) For all properties inside the City Limits for ten years prior to the
date of adoption of this section and adjacent to a sanitary sewer line of
adequate or Master Plan size, that existed and was in service on the date
of adoption of this sanitary sewer section, the City will exclude acreage
and lot fees, provided the land owner has under construction a sanitary
sewer system with approved City plans and based on a plat having been filed
with the Planning Commission, within three years of the date of adoption of
this section.
(e) The fees collected under this Section V -B (6) 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 Sanitary Sewer Trunk Line Trust Fund for
use in constructing trunk lines and in reimbursing developers for
constructing trunk lines.
2. Pro -rata fees for collection lines and twenty-five percent of the
surcharge fees will be deposited into the Collection Line Trust Fund for
use in oversizing collection lines, constructing collection lines, and
reimbursing developers for oversizing and constructing collection lines
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, et seq.) separately
established the applicable tap fee rates.
(f) Credits and Reimbursements:
1. Sanitary Sewer 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.
(A) Credits: If the developer installs such sanitary sewer trunk
line, the developer shall be credited for the actual 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 City
Engineer prior to the installation of such trunk line, and is approved by
said Engineer.
(B) Reimbursement: If the developer's costs for installation of such
sanitary sewer trunk line are greater than the lot/acreage fee, the
developer shall be reimbursed (less any lot/acreage fee credits) from funds
available from the Sanitary Sewer Trunk Line Trust Fund for that portion of
the trunk line installed by the developer. 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 City Engineer
prior to the installation of such sanitary sewer trunk line, 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 Sanitary Sewer Trunk Line Trust Fund. The order
of reimbursement will be determined according to the date the plat is filed
for record with the County Clerk. If a developer is owed funds from the
Sanitary Sewer Trunk Line Trust Fund, subsequent lot/acreage fee credits
from subsequent final plats filed with the County Clerk which lands are
within or contiguous to the boundaries of the preliminary plat of the
originally developed property and which will be served by the sanitary
sewer trunk line for which the original credit was given, but will not be
served by any trunk or collection line extension, may be credited to the
outstanding amounts owed to the developer by the Sanitary Sewer Trunk Line
Trust Fund until the total amount owed has been paid regardless of the
order of reimbursement.
2. Collection Line Extensions. When a subdivision, single lot, or
tract is developed within an area where the City Engineer has determined
that a collection line will serve such area, the extension of a collection
line may be made to serve such property either by the City or the
Developer. Maximum developer reimbursement will be limited for such
off-site extensions to 50% of the mathematical product obtained by
multiplying the off-site average pipe diameter in inches by the fee value
of the property.
(A) Credits: If the developer installs such collection line, the
developer shall be credited for the actual off-site installation costs as
well as any oversizing beyond his needs and as required by the City
Engineer, up to the amount of his lot/acreage fee, provided an application
for credit, including all cost -supporting documentation, has been submitted
to the City Engineer prior to the installation of such collection line, and
is approved by said Engineer.
(B) Reimbursement: If the developer's costs for installation of such
collection line are greater than the lot/acreage fee, the developer shall
be reimbursed as herein provided (less any lot/acreage fee credits) from
funds available from the Collection Line Trust Fund for that portion of the
collection line installed by the developer up to the maximum reimbursement
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 City Engineer
prior to the installation of such collection line, 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 Collection Line 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 collection line installed by others, a front foot pro -rata
charge of $5.00 per foot will be charged for that portion of the line
fronting the property, to be paid when the property is platted. If a
developer is owed funds from the Collection Line Trust Fund, subsequent
lot/acreage fee credits from subsequent final plats filed with the County
Clerk which lands are within or contiguous to the boundaries of the
preliminary plat of the originally developed property and which will be
served by the sanitary sewer collection line for which the original credit
was given, but will not be served by any trunk or 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 paid
regardless of the order of reimbursement.
3. No double credit. A lot/acreage fee for the same property may
only be credited against either the Sanitary Sewer Trunk Line Trust Fund or
the Collection Line Trust Fund, but not against both trust funds.
(g) Subdivisions designed for residential use will include in
their
sanitary sewer layouts individual service to each lot to be installed with
the sanitary sewers as required to conform with the applicable design
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 replatted for the purpose of changing a building
line, easement line, lot line, subdivision name, or for a similar reason,
but not for purposes of subdividing such property into additional lots,
will be exempted from the acreage and/or lot fee provisions of this
section. If an additional lot or lots are being created by platting, the
provisions of this ordinance will apply to any such lot or lots created.
In addition, the following categories of property will also be
exempted from the lot/acreage fee provisions of this section:
(1) property which has been contractually annexed to the City of
Corpus Christi prior to the effective date of the ordinance;
(2) property for which the developer, in accordance with a separate
Ordinance, has paid a fee for sanitary sewer service of at least
$600.00 per acre;
(3) property which has specifically been excluded by Ordinances Nos.
16872 and 17143 from payment of an acreage fee;
(4) properties of Padre Island Investment Corporation as covered by
the Sewage System Agreement, including third party users, as
authorized by Ordinance 13627 of February 23, 1977; or
(5) property which is located within the jurisdictional boundaries of
a governmental entity other than the City of Corpus Christi which
provides for collection and treatment of sanitary sewage, will not
be required to pay a lot/acreage fee in accordance with this
section.
In the event of replatting where a lot/acreage fee pursuant to this section
has previously been paid on the initial platting, a-lot/acreage fee will
not be placed on such replat.
(j) When any subdivision is planned that is not reasonably accessible to a
public sanitary sewer, it shall provide either for the use of septic tanks,
an individual sewage treatment plant, or interim service as follows, with
the fees as provided for in Section 6(c) applicable for such interim
service.
1. Septic Tanks: In all subdivisions planned for septic tank use,
the minimum lot area shall be fifteen thousand (15,000) square feet per
single family dwelling. Septic tanks shall be installed on each lot
concurrent with any development thereof and the design of such system and
the method of installation shall conform in all respects to the
requirements of the City-County Health Unit of Nueces County. The
City-County Health Unit shall have the authority to vary the lot area
requirement where satisfactory evidence is presented indicating that soil
conditions are such as to warrant a modification.
2. Individual Sewage Treatment Plant: In all subdivisions planned
to be serviced by an individual sewage treatment plant, lots may be
standard area and sewers shall be installed to serve each lot. The plant
providing such sewage disposal facilities shall be constructed in
accordance with the regulations and requirements of the State Board of
Health and with the approval and under the supervision of the City-County
Health Unit of Nueces County and the City Engineer.
3. Interim Service: Should a tract being considered for development
not be accessible to sanitary sewer lines, the developer may provide
interim service to such tract by the construction of lift stations and
force mains to the Master Plan line intended to serve such tract or to such
existing sanitary sewer lines having capacity beyond that needed for the
area such sewer lines are intended to serve. However, lift stations and
force mains may only be constructed as a means of providing interim service
if the Master Plan for sanitary sewers indicates that such lift station can
be intercepted and taken out of service by future gravity sanitary sewer
construction within such Master Plan areas. The cost of any interim
service provided by the developer in this fashion will be totally at the
Developer's expense and no future reimbursement to the developer will be
provided.
(k) When property requesting sewer service in accordance with this policy
is located outside the corporate City Limits, the property owner must agree
to annex or sign a contract to annex such property to the City prior to
sewer service being made available to the subdivision.
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 affect 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,
subdivsiion, 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_w s read for first time and passed to its
second reading on this the o� day of 19 , 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 the
+ay read for t eco e a d� passed to its
third reading on this the �^�-- day of 19 , 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 w
on this the Ar day of
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
ATTEST.
Bead for the third time and passed finally
, 19 X2 , by the following vote:
lr day of
-/-496-' -
Ci Secretary
APPROyED:
24 DAY OF /401).444,„,—, 19W_:
J. BRUCE AYCOCK, CITY ATTORNEY
in.seirx.4f ✓ , 19
THE C z' OF CORPUS CHRISTI, TEXAS
17.19g
/ 'NOTICE OF PASSA(riU —
�i OF ORDINANCE
NO. 17396
AMENDING THE PLAT-
TING ORDINANCE NO.
4168, AS AMENDED, SEC-
TION V-8 (6) TO
ESTABLISH A SANITARY
SEWER EXTENSION POL-
ICY, INCLUDING
ESTABLISHING 8150.00
PER LOT OR 8600.00 PER
ai ACRE FEES, 5100.00 PER
LOT SURCHARGES, PRO
RATA FRONT FOOT
CHARGES OF 85.00 PER
FOOT; ESTABLISHING A
SANITARY SEWER
TRUNK LINE TRUST
FUND FOR USE IN CON-
STRUCTING TRUNK
LINES AND REIM•
BURSING DEVELOPERS
FOR CONSTRUCTING
TRUNK LINES; ESTAB-
LISHING A COLLECTION
LINE TRUST FUND FOR
USE IN OVERSIZING AND
CONSTRUCTING COLLEC-
TION LINES AND
REIMBURSING DEVEL-
OPERS FOR OVERSIZING
AND CONSTRUCTING
COLLECTION LINES OFF-
SITE; PROVIDING FOR
DEVELOPER CREDITS
FOR ACTUAL INSTALLA-
TION COSTS UP TO THE
AMOUNT OF THE LOT/
ACREAGE FEE; PROVID-
REIMBURSEMENTFOR OF
DEVELOPERS FROM
FUNDS AVAILABLE IN
THE RESPECTIVE TRUST
FUNDS FOR THAT POR-
TION OF THE LINES
INSTALLED BY DEVEL-
OPERS UP TO THE
MAXIMUM REIMBURSE-.
MENT CRITERIA;
- SETTING FORTH FEE
EXEMPTION CRITERIA;
AND PROVIDING FOR
BI-ANNUAL REVIEW OF
FEES AND SUFFICIENCY
OF TRUST FUNDS.
Was passed and approved
by the City Council of the
i City of Corpus Christi, Tex-
a as on the 15th day 'of
December, 1982. The full
text of said ordinance Is
available to the public In
the Office of the City Secre-
fury.
-s- 8111G. Read
City Secretary
Corpus Christi,
Tezas
STATE OF TEXAS, -
1
County of Nneces.
J
PUBLISHER'S AFFIDAVIT
#23937
CORPUS CHRISTI, CITY
Before me, the undersigned, a Notary Public, this day personally came_
ANNA GARZA who being first duly sworn. according to law, says that he is the
ACCOUNTING CLERK 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
NOTICE OF PASSAGE OR ORDINANCE NTO 17396 AMENDING THE PLATTING
of which the annexed is a true copy, was published in
CORPUS CHRISTI CALLER -TIMES
on the -20th nt DECEMBER19 82. and once *mph DAY thereafter for ONE
motive
DAY
ONE Times.
63.00 ANNA GARZA
$ ACCT CLERK
Scribed and sworn to before e tis._ thduyj P'EIiHUA1tY ��
EUGENIA S. CORTEZ
MOTION
AMENDING SECTION V -B PARAGRAPH 6(f) 1.(B) AND 2.(B) AND
ADDING A NEW PARAGRAPH 6(f) 3.OF THE ORDINANCE AMENDING
THE SECTION V -B OF THE PLATTING ORDINANCE TO PROVIDE FOR
ADDITIONAL CREDITS FOR DEVELOPER INSTALLATION OF SANITARY
SEWER EXTENSIONS
0 !',GO a ;LOA and C 1'y/lon/44/ 1004(4.0vli
seconded this motion to amend the ordinance establishing a sanitary sewer
extension policy, passed on first reading by the City Council of the City of
Corpus Christi on November 24, 1982, and on second reading on December 8,
1982, the following:
1. Amending Section 1 of the ordinance to add the following
sentence at the end of Section V -B, paragraph 6(f) 1.(B):
"If a developer is owed funds from the Sanitary Sewer
Trunk Line Trust Fund, subsequent lot/acreage fee credits
from subsequent final plats filed with the County Clerk
which lands are within or contiguous to the boundaries of
the preliminary plat of the originally developed property
and which will be served by the sanitary sewer trunk line
for which the original credit was given, but will not be
served by any trunk or collection line extension, may be
credited to the outstanding amounts owed to the developer
by the Sanitary Sewer Trunk Line Trust Fund until the
total amount owed has been paid regardless of the order
of reimbursement."
2. Amending Section 1 of the ordinance to add the following
sentence at the end of Section V -B, paragraph 6(f) 2.(B):
"If a developer is owed funds from the Collection Line
Trust Fund, subsequent lot/ acreage fee credits from
subsequent final plats filed with the County Clerk which
lands are within or contiguous to the boundaries of the
preliminary plat of the originally developed property and
which will be served by the sanitary sewer collection
line for which the original credit was given, but will
not be served by any trunk or 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 paid regardless of the order
of reimbursement."
3. Amending Section 1 of the ordinance to add new paragraph 6(f)
3. to read as follows:
"3. "No double credit. A lot/acreage fee for the same
property may only be credited against either the Sanitary
Sewer Trunk Line Trust Fund or the Collection Line Trust
Fund, but not against both trust funds."
PASSED:
/�-/5-c 2- 17 96
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