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HomeMy WebLinkAboutC2019-649 - 12/10/2019 - Approved MUNICIPAL SERVICE PLAN AGREEMENT FOR THE KING'S LANDING SUBDIVISION This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement') is entered into by and between the City of Corpus Christi ('`City"), and MPM Development LP, The William Earl Hensch Trust, Anna Belle Hensch, Retta Maurine Kasper, and Corpus Christi Community Church (collectively "Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 446.4 acres of land situated in Nueces County. Texas, as specifically described in Exhibit "A" ("Subject Property"), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service. infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. SCANNED Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department ("CCPD") will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CON holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will be also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement 4 acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. Farm-to-Market (FM) 43 and County Road 33 will provide roadway connections to Subject property (King's Landing Subdivision). Improvements are needed to County Road 33 and connection to County Road 33 through the London Towne Subdivision is required to provide a secondary roadway connection to the King's Landing Subdivision. Only a portion of County Road 33 is located within the City Limits. Responsibility for improvements for County Road 33 outside the annexation area will remain with London Towne Subdivision, Landowner or Landowner's developer and Nueces County. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplate by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 6 Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binging Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER(S) By: Pet r Zanoni, Mo Alrith: Genera I Partner City Manager MPM Development, LP Date: 119. 19 ATTEST: I. • • 4-4 RE: CCA HUERTA Willia Ear 'Hensch, Trustee CITY SECRETARY The William Earl Hensch Trust APPROVED AS TO FORM: By: CA Buck Brice Assistant City Attorney By: (1,h-n-i.v -at& •l 'il-44/2/ for the City Attorney Anna Belle Hensch Owner By: Retta Maurine Kasper JVA. Owner ? ( CIL Z.1-- 10- 1 g SECRETARY By: Scott McDonald, Agent Corpus Christi Community Church 8 CITY OF CORPUS CHRISTI LANDOWNER(S) By: By: Peter Zanoni, Mossa Mostaghasi, General Partner City Manager MPM Development, LP Date: By: i , ,� William Earl Hensch, Trustee The William Earl Hensch Trust APPROVED AS TO FORM: By: Buck Brice [� Assistant City Attorney By: 4,vv4a,/ for the City Attorney Anna Belle Hensch Owner By: 12)/ � Retta Maurine Kasper Owner By: /DT (1 Scott McDonald, Agent Corpus Christi Community Church 2 z as a) EXHIBIT " C" `, m a,.' o t' Dzrn<X a0 Nw W ,- o; SKETCH TO ACCOMPANY D�rW0 'VA `°N Vim' �� METES AND BOUNDS Z ,o�vr �''opSp CREEK" ONS -� D . `^ ><ri ' • . DESCRIPTIONS �o_.�o n _ . ' 1 033-4ri 44. tV-113>3> CO N 1 1 CO 0 C DIV cr. CO co v) z .A Vd.- f'f '• - 1 v° fl>.- 0 • roti „fe �C (7j3CAJOW 10, A D 2 w0 D� �A �� ter;n.) 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AC. SECOND TRACT, V. 1066, P. 140, A y- a o run D. R. AND BEING A PORTION OF THE LAND zm<cadv0 Z DESCRIBED BY DEED, DOC. NO. P-<tcnoo 0 X rl 2009010903, 0, R. , ALL OF A 10. 08 AC. -0 ti D-i,~ A n A TRACT, DOC, NO, 2017010862, 0. R. AND r•©z n z w-'� A PORTION OF SURVEY 135 ABSTRACT 581, ra110 P d-- CUADRILLA IRRIGATION COMPANY, NUECES CO ncm CO. , TX, 83. 287 AC ACRES A ca NO0.55'32'N 117. 50\ N89'04'28'E 1385. 84' 0 v 44 S89'08'51'W 1321. 22' e .7. N89'04'2B'£ 0 a 0 ro „,,t588. 61' m 0 25. 0D AC, A W. a N. TRACT, DOC, NO. N- o g A N to 2008018783, 0. R. , n < ml': LISD Enron <�N~ ^ n GZ�D' tn CTt�1=",'1 ,�._...._.___ ,-4zNx3 0 400' 800' 1600' :43S1 w zi. GG-1 ZONING m BALANCE OF 27. 5 AC. Z-n <_v' © TRACT, 83. 287 AC w- TRACT, DOC, NO. !�-4c•-4 al it roP m m 2003067159, 0. R. , LISD °' SCALE 1'= 800' — in TT. N LONDON SCHOOL l't`1 a. �q TRACTS, LOT 3, X13 to. t l V. 67, P. 578, M. R. BASS AND WELSH ENGINEERING y ro 589'05'03'W 159. 34' CORPUS CHRISTI, TX r1 --S00'54' 11'E 558. 28' SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. 1-52, -1. 29 AC. TRACT, AL AMAFILE: EX8-ZONING, JOB NO. CAST I llp, DOC, NO. _., v18068, SCALE: 1" = 800' _ 2002017337, O. R. N - PLOT SCALE: SAME, PLOT DATE: S89. 11'08'M 1513. 64' o CL FM 43 589'03'43'W 297. 55' 5/23/19, SHEET 1 OF 1 469 OPO I3 y j / , /, a //�/////// , / �. Site Size(appro\ ) 446acres 4. y 8 .. .• rt ,, ,,, .„ o ii FI /lz /:/ z/ Iondon., I` %// i//, ', / may/ School District tt• , fi j /4 / b// o/% /%O/. i r✓ . o11 W /.q m _ri Annexation Area = City Limits Parcel Bounds oQUs Cy R�s,� Print Date: 09/25/2019 N City of O �: "`a'` Exhibit A -Annexation Area >- _ Corpus Christi =446.4 acres M`°"' a / 0 500 1,000 2,000 ,7852 --- 1 inch= 1,000 feet Feet