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Home My WebLink About030027 ORD - 12/10/2013Page 1 of 2 ORDINANCE EXEMPTING WATER'S EDGE AT KITTY HAWK SUBDIVISION UNIT I, A SUBDIVISION LOCATED SOUTH OF SOUTH STAPLES STREET (FM 2444) AND EAST OF COUNTY ROAD 41, FROM THE PAYMENT OF WASTEWATER LOT /ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Water's Edge at Kitty Hawk Subdivision Unit I ( "Subdivision ") is located south of South Staples Street (FM 2444), east of County Road 41 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/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 8.5.2.G.1 of the Unified Development Code 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/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 Water's Edge at Kitty Hawk Subdivision Unit I ( "Subdivision ") is located south of South Staples Street (FM 2444), east of County Road 41, 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/acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code 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/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. 7 INDEXED Page 2 of 2 d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. The foreg I ("1 i rdinance s read for the first time a passed to its second reading on this the day of , 20_L by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foreg ordinance ead fo the second tim and passed finally on this the 'day of , 20_I_ by the following v. te: Chad Magill I ) Colleen McIntyre ir ..1 /r Lillian Riojas R 4 f Mark Scott ri Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the l(*ay of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor K. IDEVELOPMENTSVCSISHAREDILEGISTA 013 CC AGENDA ITEMSI11.19.20135WATER'S EDGE AT KITTY HAWK RWASTEWATER EXEMPTION WATER'S EDGE AT KITTY HAWK UNIT (.ORDINANCE, 030027 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 Kitty Hawk Development Ltd., 8230 S. Staples Street, Corpus Christi, TX 78413 hereinafter called "Developer /Owner". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for Water's Edge at Kitty Hawk Subdivision Unit 1, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers /Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer /Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk Unit 1 Page 2 City agrees: 1. to allow property to use on -site wastewater treatment in compliance with State and local regulations. 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 AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF WATER'S EDGE AT KITTY HAWK UNIT 1, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to 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 Water's Edge at Kitty Hawk Unit 1 Page 3 EXECUTED IN DUPLICATE originals, this _ day of , 2013. DEVELOPER/OWNER: Kitty Hawk Development Ltd. 8230 S. Staples Street Corpus Christi, TX 78413 John P. Bratton, General Manager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this , day of , 2013, by John P. Bratton, General Manager, Kitty Hawk Development Ltd. Notary Public, State of Texas APPROVED: This day of , 2013 By: Renee Couture, P.E. Development Services Engineer APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Waters Edge at Kitty Hawk Unit 1 Page 4 :f X Ili ; I • 1111 tf5 4 JH 7i £ EXHIBIT 1 Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk Unit 1 Page 5 11 k h, 1' l:'); a Lfjp-..'4,.......,::',---.7-z.:-..-....'"'''"':;;;.z:::.:::77 -d:P:71;16. B IIT 1 KMEVELOPIMENTSVCECHAREDILEGVSTAR12013 CC AGENDA rrEPAS1114E-201111WATIER1S EDGE AT Nrrry IHAW RSANITARY SEWER CONNECTION AGREEMISNI„WATERS EDGE AT Karr IHILAWKILiNcr 1,DOC