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HomeMy WebLinkAbout032615 ORD - 12/07/2021Ordinance exempting Drillen Subdivision, located west of CR 73 and north along FM 624, from payment of wastewater acreage fee under Section 8.5.2.G.1 of the Unified Development Code and requiring a Sanitary Sewer Connection Agreement WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees; WHEREAS, Drillen Subdivision located west of CR 73 and north along FM 624 is not currently served by the City wastewater system; WHEREAS, the Planning Commission recommends that the Subdivision be exempt from the payment of wastewater lot or acreage fees; WHEREAS, the City Council finds that the Subdivision is not likely to be served by the City wastewater system within the next 15 years and that the Subdivision should 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. Pursuant to the request of Butch and Margaret Drillen ("owner"), Drillen Subdivision is exempt from the wastewater lot or acreage fee in accordance with Section 8.5.2.G 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 be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. https://corpuschristi-my.sharepoint.com/personal/markor_cctexas_com/Documents/Desktop/A Transfer folder/Fee Exemptions/Drillen/Ordinance - Drillen.docx 032615 SCANNED That the foregoing ordinance was read for the first time and passed to its second reading on this the �L " day of NOc . X2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith That the foregoing ordinance was read for the second time and passed finally on this the '1 day of 1)94,10W-2021, \} -2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the l "day of I,� r`\\5 -f , 2021. ATTEST: WA Rebecca Huerta Paulette M. Guajardo City Secretary Mayor https://corpuschristi-my.sharepoint.com/personal/markor_cctexas_com/Documents/Desktop/A Transfer folder/Fee Exemptions/Drillen/Ordinance - Drillen.docx 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 Butch and Margaret Drillen, 16234 FM 624, Robstown, Texas 78380 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Drillen Subdivision (Plat), located west of CR 73 and north along FM 624 and, hereinafter called "Development," (Exhibit 1); WHEREAS, City finds that the Subdivision it is not likely to be served by the City wastewater system within the next 15 years and that the Subdivision should be exempt from the payment of wastewater lot or acreage fees at this time; WHEREAS, wastewater lot and acreage fees are a requirement of the plat; and WHEREAS, wastewater lot and acreage fees are being exempted conditioned upon this agreement. 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 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. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; 2. to exempt Drillen Subdivision from wastewater lot or acreage fees Sanitary Sewer Connection Agreement Drillen Subdivision Page 1 of 4 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. -erg EXECUTED original, this n/ a day of c b — , 2021. DEVELOPER/OWNERS: etAxcJt- 401‘ciLQ,a STATE OF TEXAS § COUNTY OF NUECES § Q -h Mar Butch Drillen gare rillen This instrument was acknowledged before me on this Or 4--©b-e,r , 2021, by Butch Drillen. `�,�Ilillll����' 2T. * _ No ary Public, State of Texas • 'r9grF OF :. \, STATE OF � 18" COUNTY OF NUECES § -SThis instrument was acknowledged before me on this �2 , day of -j , 2021, by Mar • aret Drillen. , day of °`‘‘\NE'R''`9i1',, ��,PO�P�Y•Pu6. /V°. C ••99y p �3 .. ,.'L ''''o�� [ X P. o; °°°` Sanitary Sewer Connection Agreement Drillen Subdivision otary Public, State of Texas Page 2 of 4 CITY OF CORPUS CHRISTI: Al Raymond, AIA Director of Development Services THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2021, by , Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Drillen Subdivision Page 3 of 4 EXHIBIT 1 Sanitary Sewer Connection Agreement Drillen Subdivision Page 4 of 4