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ORDINANCE
EXEMPTING BUENA VISTA ADDITION, BLOCK 3, LOTS 2A & 3, A
SUBDIVISION LOCATED ON GUTH LANE, NORTH OF INTERSTATE
HIGHWAY 37 AND WEST OF SESSIONS ROAD, FROM THE
PAYMENT OF WASTEWATER LOT /ACREAGE FEES PURSUANT TO
SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE;
REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE
SPECIFIED CONDITIONS.
WHEREAS, Buena Vista Addition, Block 3, Lots 2A & 3 (Subdivision) is located on Guth
Lane, north of Interstate Highway 37and west of Sessions Road 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 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 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 Buena Vista Addition, Block 3, Lots 2A & 3
(Subdivision) is located on Guth Lane, north of Interstate Highway 37and west of
Sessions Road, 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 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 or acreage, pro -rata, and tap fees at the rate in effect at the time
of connection to City wastewater.
Ct3011_6
INDEXED
Page 2 of 3
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.
Page 3 of 3
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 foregoing ordinance was read for the first time and passed to its second reading on
this the j `day of 0-dap-km, X?_4 I� , 20 by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal n AY—A lk
David Loeb
The foreggi ordinance was read for the
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
second tirnq and passed finally on
, 2011- , by the following vote:
this the day oft 0,4'1
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
PASSED AND APPROVED this the
ATTEST:
Rebecca Huerta
City Secretary
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
day of 'V uXOIL ,2014
Nelda Ma ine
Mayor
K: \DEVELOPMENTSVCS \SHARED \LEGISTAR\2014 CC AGENDA ITEMS \02 -25- 2014 \BUENA VISTA ADDITION \ORDINANCE.DOC
030116
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 Jose G Ayala and Clementina M. Ayala, 4814 Guth Lane,
Corpus Christi, Texas 78410 hereinafter called "Developer /Owner."
WHEREAS, Developer /Owner in compliance with the City's Unified Development
Code, has submitted the plat for Buena Vista Addition, Block 3, Lots 2A & 3, 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
Buena Vista Addition, Block 3, Lots 2A & 3
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 WILDCAT INDUSTRIAL PARK, 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
Buena Vista Addition, Block 3, Lots 2A & 3
Page 3
EXECUTED original, this
DEVELOPER/OWNER:
day of , 2014.
Jose G. Ayala Clementina M. Ayala
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this , day of
, 2014, by Jose G. Ayala and Clementina M. Ayala.
Notary Public, State of Texas
APPROVED:
This day of , 2014
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
Buena Vista Addition, Block 3, Lots 2A & 3
Page 4
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KADEVELOPMENTSVCS \SHARED\ LEGISTAR1.2014 CC AGENDA ITEMS \02-25-2014 \BUENA VISTA ADDITION \SANITARY SEWER CONNECTION.DOC