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Home My WebLink About028435 ORD - 12/08/2009Page i of 3 ORDINANCE EXEMPTING NUECES RIVER IRRIGATION PARK, BLOCK 2, LOT 3B, 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 3B ("Subdivision") is located south of Northwest Boulevard (FM 624), east of FM 1889 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 3B ("Subdivision") is located south of Northwest Boulevard (FM 624), east of FM1889, 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. 128435 Page 2 of 3 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 8th day of December, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa " Joe Aflame City Secretary Mayor APPROVED: November 20, 2009. Gb4 eborah Walther Bro First Assistant City Attorney For City Attorney Page 3 of 3 Corp Christi, Texs Day of D,I, t? U , 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 ame Mayor Council Members 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 4,1_,05ttNelda Martinez Mark Scott _28435 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 Cynthia Garza, 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 3B, 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; To subdivide the Development no further than what is shown on the Plat of Nueces River Irrigation Park, Block 2, Lot 3B, attached as Exhibit 1; further subdivision of the Development voids this agreement; and 1 Sanitary Sewer Connection Agreement Nueces River Irrigation Park, Block 2, Lot 3B 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") 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 38, 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. 2 Sanitary Sewer Connection Agreement Nueces River Irrigation Park, Block 2, Lot 3B 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: Cynthia Garza 11222 Leopard Street Corpus Christi, TX 78410 Cynthia Garza Owner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2009, Cynthia Garza, Owner, Nueces River Irrigation Park, Block 2, Lot 3B. APPROVED: December , 2009 By: Juan Perales, Jr., P.E., Development Services Engineer APPROVED: November 20, 2009 By: Deborah W. Brown Assistant City Attorney For City Attorney Notary Public, State of Texas 005 0.1 0.2 Legend [11 PLANNING, CI TYLI MITS Crsetton Dater 21/03/1009 Printing. Dote: M113n009 Hie: H:1 PLN_DIRISHAREDUGIS ProjectswMlguellcynthle Pion Prepared Hy. KAB Source: City of Corpus Chilsti Department of Development Services .` City of Corpus Christi EXHIBIT 1