HomeMy WebLinkAbout028346 ORD - 10/13/2009Page 1 of 3'
ORDINANCE
EXEMPTING LONDON SCHOOL TRACTS, LOT 3 SUBDIVISION FROM
THE PAYMENT OF WASTEWATER LOT OR ACREAGE FEES UNDER
SECTION V. B. 6. I) OF THE PLATTING ORDINANCE; REQUIRING
THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, London School Tracts, Lot 3 ("Subdivision") is located North of Farm to
Market Road 43 (Weber Road), between County Road 33 and Farm to Market Road
763 (south of Oso Creek) and west of State Highway 286, 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. I) 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 London School Tracts, Lot 3 ("Subdivision") is
located North of Farm to Market Road 43 (Weber Road), between County Road 33 and
Farm to Market Road 763 (south of Oso Creek) and west of State Highway 286,
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. I) 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. 6. 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").
b. That the Sanitary Sewer Connection Agreement require payment of the
wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time
of connection to City wastewater.
028346
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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 in
the agreement 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 13th day of October, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa 1 Joe ame
City Secretary Mayor
APPROVED: October 5, 2009.
eborah Walther B
First Assistant City Attorney
For City Attorney
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CorpusShristi, Texas
I` Day of C?cta , 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: I/we, 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,
Joe A me
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame iVvK
Chris N. Adler
Brent Chesney /�
Larry R. Elizondo, Sr. �/�
Kevin Kieschnick L/
Priscilla G. Leal
tcr
John E. Marez L
Nelda Martinez
Mark Scott
028346
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SANITARY SEWER CONNECTION AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES §
THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas
Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277,
hereinafter called "City" and London Independent School District, 1306 FM 43, Corpus
Christi, Texas 78415, hereinafter called "Developer/Owner ".
WHEREAS, Developer/Owner in compliance with the City's Platting Ordinance,
has submitted the plat for London School Tracts, Lot 3, hereinafter called
"Development", (Exhibit 1); and,
WHEREAS, wastewater construction plans and construction are normally a
requirement of the plat, and
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, and
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, as follows:
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, fees for which there is no legal
exemption, at the rate in effect at the time of connection to City
wastewater;
d. To subdivide the Development no further than what is shown on the Plat
of London School Tracts, Lot 3, attached as Exhibit 1; further subdivision
of the Development voids this agreement; and
H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\10-13\SANITARY SEWER CONNECTION AGREEMENT.London
School Tracts, Lot 3.doc
Exhibit A
Sanitary Sewer Connection Agreement
London School Tracts, Lot 3
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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 and not require wastewater line
construction.
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 COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO
PROVIDE CITY WASTEWATER SERVICE TO THE London School Tracts, Lot 3,
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 IS CAUSED OR /S CLAIMED TO
BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF
INDEMNITEES, OR 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 herein are covenants running with the land, and
must be filed in the Office of the Nueces County Clerk Office, and shall be binding
on Developer/Owner, its successors and assigns, and shall inure to the benefit of
the parties hereto and their respective heirs, successors, and assigns and to third
party beneficiaries from and after the date of execution.
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Sanitary Sewer Connection Agreement
London School Tracts, Lot 3
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5. Agreement and terms of this agreement will terminate upon connection to
City wastewater and payment of appropriate fees.
EXECUTED IN DUPLICATE originals, this day of , 2009.
DEVELOPER/OWNER:
London Independent School District
1306 FM 43
Corpus Christi, TX 78415
Charles McMath
Superintendent
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2009, Charles
McMath, Superintendent, London Independent School District
APPROVED: October , 2009
By:
Juan Perales, Jr., P.E.,
Development Services Engineer
APPROVED: October , 2009
By:
Deborah W. Brown
Assistant City Attorney
For City Attorney
Notary Public, State of Texas
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SANITARY SEWER CONNECTION AGREEMENT
EXHIBIT 1