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Home My WebLink About021007 ORD - 10/16/1990AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 49, STREETS AND SIDEWALKS, BY ADDING A NEW SECTION 49-14, PROCEDURES FOR ADOPTING A SECTION OF PUBLIC RIGHT-OF-WAY FOR LANDSCAPING OR LITTER ABATEMENT BY VOLUNTEER ORGANIZATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, Chapter 49, Streets and Sidewalks, is hereby amended by adding a new Section 49-14, Procedures for Adopting a Section of Public Right -of -Way for Landscaping or Litter Abatement by Volunteer Organizations, to read as follows: Sec. 49-14. Procedures for Adopting a Section of Public Right -of -Way for Landscaping or Litter Abatement by Volunteer Organizations. The following procedures and guidelines are hereby established for adopting a section of public right-of-way within the city for the purpose of its spot landscaping and/or litter clean-up by a volunteer organization: 1. Any volunteer organization desiring to adopt a section of public street right-of-way for spot landscaping and/or litter clean-up must first file an application with the city traffic engineer in writing. 2. Such application shall contain an accurate description of the portion of street along which the volunteer organization wishes to spot landscape or clear litter, and the exact nature of work and/or improvements planned. 3. Upon receipt of such application, the city traffic engineer shall present the same to the police chief, director of risk management, and director of parks and recreation requesting their concurrence with the planned work. 4. On determination that all those named in subsection (3) are in agreement to the volunteer organization's request, the city traffic engineer shall issue a permit to the volunteer organization to perform the approved work and/or improvements, subject to the following conditions: a. Project sites shall be urban in nature, with open and clear sight distance in all directions. ORD-RES\90143 1 21007 lociowo "Adopt -A -Street" project sites shall be a minimum of one (1) mile in length. The volunteer organization shall obtain approved site selection and specifics of site work from the city's traffic engineering division. The adoption period shall be one (1) year, and it is requested that there be a general clean-up effort a minimum of four times during the adoption period at regular intervals. "Adopt -A -Spot" project sites will be approved by the city's traffic engineering division and parks and recreation department. The adoption period shall be one (1) year, and it is requested that there be a general clean-up/maintenance effort at the adopted spot a minimum of once per month during the adoption period. b. A hold -harmless agreement shall be executed between the City and volunteer organization to indemnify and save the city harmless from any and all claims, liabilities, losses or expenses on account of any personal injury or property damage arising as a result of the negligence or misconduct of any member of the volunteer organization. In addition, a hold -harmless waiver shall be executed by each volunteer worker, or parent or guardian of each minor child under eighteen (18) years of age who is a volunteer worker, participating in each scheduled field project. c. Each volunteer organization shall develop a functional plan that will influence and encourage the public to improve the appearance of their adopted street section or spot. d. The volunteer organization shall conduct a safety meeting with its volunteer workers prior to each work cycle, including a representative of the city. In this meeting, the volunteer workers shall be apprised of the hazardous nature of the work which they will be performing and of the traffic control and public advisory plan to be utilized. e. Volunteer workers shall be required to wear safety vests and any additional safety wear specified by the city. All safety wear shall be provided by the city during the work cycle. f. Work by the volunteers shall commence only after all required traffic control and public advisory ORD-RES\90143 2 g. plan elements are in place and inspected by the city. Traffic control and public advisory plan elements shall be provided to the volunteer organization by the city. The city's traffic engineering division, which has jurisdiction over the project site, shall be notified at least 48 workweek hours prior to the volunteer organization performing any work on the public right-of-way. Use of motor -driven equipment shall be reviewed and approved by the city prior to planned use. h. All work shall be contained within the off-street section of public right-of-way (a) between the back -of -curb and immediately adjacent private property line, (b) between the edge of travel shoulder and immediately adjacent property line if on an uncurbed street, and/or (c) within the center median area of a median divided roadway, between the immediately adjacent curbs or inside shoulders. i. Project identification signs will be provided and installed by the city, and will remain in place through the duration of the project adoption period. j Trash sacks will be furnished by the city, and will be removed from the street section and transported to waste sites by the city. k. An adoption document shall be executed by the volunteer organization for each work site selected. 1. The volunteer organization shall be responsible for furnishing adequate adult supervision for participants of a group who are sixteen (16) years of age or younger, at the ratio of one (1) adult per five (5) participants under the age of sixteen. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. ORD-RES\90143 3 SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. ORD-RES\90143 4 That'the foregoing ordinance was read for the first tame an passed—toits second reading on this the 44n day of 19 911/2 , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was rea4 to is third reading on this the cl 19 7C , by the following vote: Betty N. Turner he_ /�� Cezar Galindo I W J for the day Leo Guerrero Tom Hunt That the foregoing or, finally on this the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt second time an• passed of eip1j-e4_p/y Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. inance was recceitMeZ day of C -CX Gat t PASSED AND APPROVED, this the �62 ATTESTS third City'" Secretary APPROVED: 3-0 DAY OF HAL GEORGE, B1L yJ X Assistant 044 Edward A. Martin Joe McComb Clif Moss Mary Rhodes aid azy (6-k time and passed 19 b , by the airp 417, (AtiAt Lk Frank Schwing, Jr. "1-1-) day of MA t1 -4-n k t CITY ATTORNEY �r�arou.� ity Attorn , 197o: (9C -t- , 19 __ • OR 0 THE CITY OF CORPUS CHRISTI 2100 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces ) ss: Ad #75195 PO # Before me, the undersigned, a Notary Public, this day personally came Rosie A. Mendez, who being first duly sworn, according to law, says that she is Advertising Receivables Supervisor of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in 'Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 21007 AMENDING THE CODE OF ORDINANCES, which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 22nd day of October 1990. One Time(s) $ 27.00 Advertising Receivables pervisor Subscribed and sworn to before me this 25rh day of October , 1990. Libra \Jaa,ftheak Notary Public, Nueces County, Texas My commission expires on DEBRA VILLARREAL, Notary Public State of Texas My Comm. Exp. 4-24-93