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Home My WebLink About030641 ORD - 10/13/2015 Page 1 of 2 ORDINANCE EXEMPTING THE CAH-DHL COMMERCIAL TRACT, BLOCK 1, LOT 1 SUBDIVISION LOCATED EAST OF INTERSTATE HIGHWAY 69 AND SOUTH OF INTERSTATE HIGHWAY 37, FROM THE PAYMENT OF THE 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, CAH-DHL Commercial Tract, Block 1, Lot 1 (Subdivision) is located east of Interstate Highway 69 and south of Interstate Highway 27 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 CAH-DHL Commercial Tract, Block 1, Lot 1 (Subdivision), located east of Interstate Highway 69 and south of Interstate Highway 37, 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 hereto and incorporated herein to this Ordinance for all purposes). 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. 030641 INDEXED Page 2 of 2 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. The foreg9giordinanc as read fQthe first time and passed to its second reading on this the ,/ma y of e�'n.LN? , 20iSby the following vote: Nelda Martinez L ! Chad Magill --01, — A Carolyn Vaughn RJA Colleen McIntyre ,. , Rudy Garza I t Lillian Riojas ,if, Brian Rosas V : Mark Scott 1, Lucy Rubio (A ! 1 The fore of g�ord� inance wov a for the second ti nd passed finallyon this the gI, T'day of h.CA/ , 20t.5by the following vote: Nelda Martinez 1 / Chad Magill i Carolyn Vaughn ,P 1Colleen McIntyre 11i Rudy Garza . .. Lillian Riojas 114J Brian Rosas (Li 'A Mark Scott ORF,Ilk /, Lucy Rubio 111 APPROVED this the / *h& , 20 1 5 PASSED AND 13-1 --)day ATTEST: -Pst--1 _,C, 1_4(-/•-1-"`-t-C-N Rebecca Huerta Nelda Ma in City Secretary Mayor 030041 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 Charles A. Hicks, Manager CAH-DHL Properties, LLC, 218 Lorraine Drive, Corpus Christi, Texas 78411 hereinafter called "Developer/Owner," WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for CAH-DHL Commercial Tract, Block 1, Lot 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 CAH-DHL Commercial Tract, Block 1, Lot 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 THE GRAND RESERVE UNIT 2, 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 CAH-DHL Commercial Tract, Block 1, Lot 1 Page 3 Tla EXECUTED original, this day of S )'TtP2O15. DEVELOPER/OWNER: ep,,,,„,,La Charles A. Hicks Manager CAH-DHL Properties, LLC STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this , day of StPT5rA!R eT- , 2015, by Chary A. Hicks. i}t svi :Norma A.Martinez �k,}• C , . 'lFC{S�f 02-277201711``,, Notary Public, State of Texas APPROVED: This day of , 2015 By: Daniel M. Grimsbo, P.E., AICP Development Services Director APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement CAH-DHL Commercial Tract, Block 1, Lot 1 Page 4 4 iltj,.4 1111 I II; I r I :3 a 1 x Ji T It' � � t +i �t 7r3 I J I d 1 j ! . s! i I entre _....40.-__ t i t 1 f i 1111 ens:; =i ;l< Ii ; I • r r I I 3; ! 1i .l II ! [7 ;ifi 11 1111 Pill ' 1 ai `t i ' + I t i, isi41 Ii • Olt lit, i . II 1 II I r' I !1 •tit 70€ t 1f li i #1 !i it i B II . i� i! ,a • ii ii 4t i 3 A it. old t !ir it1{ 4l 1 ; � I, � I LI ii t a it;s flSP s1x t o • s •• �l t �� t � aY • iii r'' tp O " Ii.� ° tI tet -` 331 11.!n k 1 :114 r,I ij a/111 ill pi 1/113111!t" q� 1111111P14't - ., i,: =. :�a' ;=, MIr,� » li is 11111 I If iI �� .��+i . 1 1 if i t i iwi fIII `�i *11 1 pil il it 1 ill i! 11M!h ! JUfl mill1 ipIi JJllu1i11iI!IilI ii lithe a ra 0.li I{ i 1 if it t t i Jni i i 1 EXHIBIT 1