HomeMy WebLinkAbout028423 ORD - 11/17/2009Page 1 of 3
ORDINANCE
EXEMPTING NUECES RIVER IRRIGATION PARK, BLOCK 2, LOT 2A,
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, Nueces River Irrigation Park, block 2, Lot 2A ("Subdivision") is located
South of Northwest Boulevard (FM 624), east of River Hill Drive 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 Nueces River irrigation Park, block 2, Lot 2A
("Subdivision") is located South of Northwest Boulevard (FM 624), east of River Hill
Drive, 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 Agreement attached as Exhibit
«A„
b. That the Sanitary Sewer Connection Agreement requires 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.
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.
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:9 a;.
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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 17th day of November, 2009.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
9i -E4
APPROVED: November 9, 2009.
Joe dame
dame
Mayor
eborah Walther Brown
First Assistant City Attorney
For City Attorney
Page 3 of 3
Corpus Christi; Texas
rot, Day of ivalie , 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: 1/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,
Council Members
Joe /Jame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
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EXHIBIT "-A"
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 Grace United Methodist Church, 11222 Leopard Street,
Corpus Christi, Texas 78410, hereinafter called "Developer/Owner ".
WHEREAS, Developer/Owner in compliance with the City's Platting Ordinance,
has submitted the plat for Nueces River Irrigation Park, Block 2, Lot 2A, 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 Nueces River Park, Block 2, Lot 2A, attached as Exhibit 1; further
subdivision of the Development voids this agreement; and
Sanitary Sewer Connection Agreement
Grace United Methodist Church
Page 2 of 3
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'7 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 NUECES RIVER
IRRIGATION PARK, BLOCK 2, LOT 2A, 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 IS 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.
Sanitary Sewer Connection Agreement
Grace United Methodist Church
Page 3 of 3
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:
Grace United Methodist Church
11222 Leopard Street
Corpus Christi, TX 78410
Richard E. Shurley
Trustee Chair
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2009, Richard E.
Shurley, Trustee Chair, Grace United Methodist Church.
APPROVED: November , 2009
By:
Juan Perales, Jr., P.E.,
Development Services Engineer
APPROVED: November , 2009
By:
Deborah W. Brown
Assistant City Attorney
For City Attorney
Notary Public, State of Texas
H:\LEG-DIR\SHARED\LEGAL-DEV.SVCS\2009 AGENDA\11-17\SANITARY SEWER CONNECTION AGMT.-GRACE METHODIST CHURCH- NUECES RIVER
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Sanitary Sewer Connection Agreement
Grace United Methodist Church
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SANITARY SEWER CONNECTION AGREEMENT
EXHIBIT 1