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Home My WebLink About028281 ORD - 08/25/2009Page 1 of 3 ORDINANCE EXEMPTING AINSWORTH INDUSTRIAL PARK SUBDIVISION, LOCATED NORTH OF COUNTY ROAD 48 AND WEST OF U.S. HIGHWAY 77, APPROXIMATELY ONE-HALF MILE OUTSIDE OF THE CITY LIMITS, FROM THE PAYMENT OF WASTEWATER LOT OR ACREAGE FEES PURSUANT TO SECTION V.B.6.I) OF THE PLATTING ORDINANCE; REQUIRING THE OWNER/ DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Ainsworth Industrial Park Subdivision (Subdivision) is located North of County Road 48 and West of U.S. Highway 77, approximately one-half mile outside of the city limits of the City of Corpus Christi and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section V.B.6.1) of the Platting Ordinance of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that the Ainsworth Industrial Park Subdivision, located North of County Road 48 and West of U.S. Highway 77, approximately one-half mile outside of the city limits of the City of Corpus Christi, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section V.B.6.1) of the Platting Ordinance of the City of Corpus Christi, SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section V.B.S.I) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a) That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of completed Agreement attached as Exhibit "A"). 028281 H:1LEG-DIR\SharedlLEGAL-DEV.SVCS12009 Agendal8-251ORD-Exempting Wastewater Acreage Fees 08202009.doc INDEXED Page2of3 b) That the Sanitary Sewer Connection Agreement require payment of the wastewater lot or acreage fees, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. c) That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d) That the Sanitary Sewer Connection Agreement and covenants contained therein, are covenants running with the land. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 25th day of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Mame City Secretary APPROVED: August 20, 2009. R.�y eining First Assistant pity Attorney For City Attorney Mayor, City of Corpus Christi H:1LEG-DIR\SharedlLEGAL-DEV.SVCS12009 Agendal8-281ORD-Exempting Wastewater Acreage Fees 08202009.doc Page 3 of 3 Corpus Christi, Texas ,S Day of � � , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, dAgZI:6-? Joe dame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kiesch n ick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 7-Aab&-V-: 02$281 H:1LEG-D1R\Shared\LEGAL-DEV.SVCS12009 Agenda18-281ORD-Exempting Wastewater Acreage Fees 08202009.doc SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This agreement is entered into between the City of Corpus Christi ("City"), a Texas Home -Rule Municipal Corporation, P.C. Box 9277, Corpus Christi, Texas 78469-9277, and Ainsworth Industrial Park, L.L.C. ("Developer/Owner"), 711 N. Carancahua Street, Suite 1400, Corpus Christi, Texas 78475. WHEREAS, Developer/Owner in compliance with the City's Platting Ordinance, has submitted the plat for Ainsworth Industrial Park, referred to in this agreement as the "Development" (Exhibit 1-A and 1-B); WHEREAS, wastewater construction plans and construction are normally a requirement of the plat; WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site, and WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on the Developer/Owner; NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The owner of each individual lot agrees for itself, its successors, transferees, and assigns, to do the following: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property. b. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; c. To pay applicable pro -rata and tap fees at the rate in effect at the time of connection to City wastewater; d. To not subdivide the Development or any lots shown on the Plat of Ainsworth Industrial Park, Block 1, Lots 1 through 5 and Block 2 Lots 1 through 5, attached as Exhibit 1-A and 1-B. The further subdivision of the Development or any Tots voids this agreement. Page 1 of 3 Ainsworth Sanitary Sewer Connection Agreement 08172009.doc 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City/County Health Department. b. To allow the Owner to record plat without constructing any wastewater collection or trunk lines. 3. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES) AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER/OWNER'S FAILURE TO COMPL ¥ WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE AINSWORTH INDUSTRIAL PARK, INCLUDING INJURY, LOSS, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION 15 CAUSED ORIS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, DR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant in this agreement are covenants running with the land, must be filed in the Office of the Nueces County Clerk Office, and are binding on Developer/Owner, its successors and assigns, and inures to the benefit of the parties to this agreement and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Page 2 of 3 Ainsworth Sanitary Sewer Connection Agreement 08172009.doc 5. This agreement and terms of this agreement terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this day of , 2009. DEVELOPER/OWNER: Ainsworth Industrial Park, L.L.C. 711 N. Carancahua Street, Suite 1400 Corpus Christi, TX 78475 David Ainsworth Sole Member STATE OF TEXAS COUNTY OF NUECES 4 This instrument was acknowledged before me on , 2009, David Ainsworth, Sole Member, Ainsworth Industrial Park, L.L.C., on behalf of the limited liability company. Notary Public, State of Texas CITY OF CORPUS CHRISTI By: Juan Perales, Jr., P.E., Development Services Engineer Approved as to form: August 17th, 2009 By: R. Jay Reining First Assistant City Attorney For City Attorney Page3of3 Ainsworth Sanitary Sewer Connection Agreement 08172009.doc p 141 C y ■ A tits gilt 8 tab Jsut ,11 I.8J !till /VW it a wAti -.1i Pi DOI ;]1 31 sli ,3: . z,ls !i /1 TAI1P U *1= p r tl 1-- � :Atli: 3Ilif „° 8 5 zn If ! II] Mitt g w 1_1Wiz. i11 3rb 0, Eo1a tg 41'; '4' .1 _;"5..i V4t7E 2141I 1.. g Nt Whit tj k fZ M7 ul 3 8 6 1 $ N 5 I zt E I.- II II II JA g 8 1 r 4 { 5 ILI1 v 1;1 1 111 iti 11 g !IP; 11; 1:1g. I 1 Isl.' it fi 11 !lin 1 fill; 3 a� a a thjE 1:11! 1111; 8 gE Z1 Mil 88� j 8 1 1 8 Al tt zip 8 o .R 2747; Zz <91 oar DE1 1 5 1 8 1 SANITARY SEWER CONNECTION AGREEMENT EXHIBIT 1-A ;11 f Mu. 1,11. wlaafian Lot 2, Mei 4 Park iiij Ward. at km. COMIC* Tura 40 lr Twr�o fight-ar-rai I t fill C00.O,B.11.t T. " 1 ----------- F',7.'u1.- .10`'T'IE ~'427.04_ _— 611----------- 8 r4- "-we 1.ar a►.11e6 igY AVM 3.SC,Bt�Ls I .o£ ,tires 3.91."fi s -14 �-r 1 n fi E !ft' i ti 1 3.9r.6tAtLs 1�Nr, n 3Y{,� ,z rug - .S. LO.O9N 2.9%Ef.eLs 0 14, P 4.7 r Pk 4. 3.1K.0r13cs PI Ars `-�—, Rood_____ SANITARY SEWER CONNECTION AGREEMENT EXHIBIT 1—B