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Home My WebLink About033170 ORD - 09/19/2023Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement agreement up to $356,613.35 with MPM Development, LP to construct an off-site wastewater improvements for a proposed residential and commercial development located off Yorktown Dr., southeast of Starry Rd. also known as Oso Creek Corner Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $356,613.35 to reimburse the developer in accordance with the agreement. (District 5) WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 19, 2022, to develop a tract of land, approximately 103.015 acres known as Oso Creek Corner Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the 12 -inch Wastewater Collection Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Collection Line Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Wastewater Collection Line Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be third -in-line in the order for reimbursement from the Wastewater Collection Line Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Wastewater Collection Line Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: 033170 1 SCANNED SECTION 1. The City Manager, or designee, is authorized to execute a Wastewater Collection Line Construction and Reimbursement Agreement ("Agreement") with MPM Development ("Developer"), for the extension of a 12 -inch wastewater line, including all related appurtenances, for the development of Oso Creek Corner Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 4. The City Manager or designee is authorized to transfer future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Trunk System Trust Fund to the No.4220-21801-777 Wastewater Collection Line Trust Fund in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $356,613.35 is appropriated in accordance with Section 3 of this :.1-dinance. SECTION 5. The City Manager or designee is authorized to appropriate $356,613.35 from the No.4220-21801-777 Wastewater Collection Line Trust Fund as funds become available to reimburse the Developer for the wastewater collection line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 6. This ordinance takes effect upon passage. Introduced and voted on the day of klM`V , 2023. P D and APPROVED on the 19 h" day ofd( , 2023. Paulette Guajardo, May A E T: �p Re ecca Huerta, ity Secretary 033170 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: 09/12/2023 Legistar Number: 23-1271 Agenda Item: Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement agreement up to $356,613.35 with MPM Development, LP to construct an off-site wastewater improvements for a proposed residential and commercial development located off Yorktown Dr., southeast of Starry Rd. also known as Oso Creek Corner Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $356,613.35 to reimburse the developer in accordance with the agreement. (District 5) Amount Required: (Amount to be Certified) $356,613.35 Fund Name Accounting Unit Account No. Amount Sanitary Sewer Collection Line Trust Fund as fund become available (Future Revenues) 4220-21801-777 540450 $356,613.35 TOTAL $356,613.35 ❑ Certification Not Required 0A70,2_ �q I2'1 �7o z3 'kin,(-, Director of Financial Services Date: