HomeMy WebLinkAbout033277 ORD - 01/30/2024 Ordinance authorizing a Water Arterial Transmission &Grid Main Construction and
Reimbursement Agreement up to $131,833.90 with MPM Development, LP to
construct a water arterial transmission grid main related to Kings Landing Unit 5
subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection;
and authorizing future transfer and appropriation of Water and Wastewater Trust
Fund revenue up to $131,833.90 to reimburse the developer in accordance with the
agreement. (District 3).
WHEREAS, the Developer/Owner, in compliance with the City's Unified
Development Code ("UDC"), has a plat, approved by the Planning Commission on
September 20, 2023, to develop a tract of land, approximately 27.31 acres known as
King's Landing Unit 5;
WHEREAS, under the UDC, the Developer/Owner is responsible for construction
of the 12-inch Water Arterial Transmission & Grid Main System ("Water Improvements");
WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of
the Developer/Owner's costs for the construction of Water Improvements;
WHEREAS, it is in the best interests of the City to have the Water Improvements
constructed to its ultimate capacity under the City's applicable Master Plan;
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 Water Arterial Transmission & Grid Main Trust Fund does not
currently have sufficient funds to fully reimburse Developer/Owner for Water
Improvements under the Agreement;
WHEREAS, a construction and reimbursement agreement must be approved by
the City Council before the developer starts construction. Reimbursement shall only be
made when monies are available in and appropriated from the Water Arterial
Transmission & Grid Main 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 eighth-in-line in the order for
reimbursement from the Water Arterial Transmission & Grid Main 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 Water Arterial Transmission
& Grid Main 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.
033277 SCANNED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial
Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), with
MPM Development, LP ("Developer"), for the installation of an Arterial Transmission Main,
including all related appurtenances, for the development of Kings Landing Unit 5 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 3. The City Manager or designee is authorized to transfer future revenue of the Water
Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection
Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main 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 $131,833.90 is appropriated in accordance with this ordinance.
SECTION 4. The City Manager or designee is authorized to appropriate up to $131,833.90 from
the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds
become available to reimburse the Developer for the water transmission line construction
and improvements in accordance with the Agreement, this ordinance, and the UDC.
SECTION 5. This ordinance takes effect upon passage.
Introduced and voted on the ) day of TaokA• , 2024.
PA ED and APPROVED on the 367 day of . e &. , 2024.
re,face,
Paulette Guajardo, Mayo ebecca Huerta, City Secretary
033271
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: 0111-8-12023 Legistar Number: 24-0010
Agenda Item:
Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and
Reimbursement Agreement up to $131,833.90 with MPM Development, LP to construct
a water arterial transmission grid main related to Kings Landing Unit 5 subdivision located
north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future
transfer and appropriation of Water and Wastewater Trust Fund revenue up to
$131,833.90 to reimburse the developer in accordance with the agreement. (District 3).
Amount Required: (Amount to be Certified) $131,833.90
Fund Name Accounting Unit Account Amount
No.
Water Arterial Transmission 4030-21805-777 540450 $131,833.90
& Grid Main Trust Fund as
fund become available
(Future Revenues)
TOTAL $131,833.90
D Certification Not Required
,v ,Director of Financial Services Date: 61,94