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Home My WebLink About021856 ORD - 01/11/1994AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A USE PRIVILEGE AGREEMENT WITH I. GOLTZMAN & SONS, TO INSTALL COMMERCIAL SIGNS ABOVE THE RIGHTS-OF-WAY OF CHAPARRAL AND STARR STREETS WHICH ABUTS THE PROPERTY KNOWN AS LOT 1, BLOCK 9, BEACH PORTION, OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is hereby authorized to execute a Use Privilege Agreement with I. Goltzman & Sons, to install commercial signs above the rights-of- way of Chaparral and Starr Streets which abuts the property known as Lot 1, Block 9, Beach Portion, of the City of Corpus Christi, the plat of which is recorded in Volume A, Pages 2 and 3, map Records, Nueces County, Texas, on an existing building overhang authorized by Ordinance No. 16119, subject to the applicant paying a use privilege fee of $100, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that tintsordinance is passed and shall take effeec;upon first reading as an emergency measure this the iday of 3e},Y , 19 AlIEST: I nf Armando Chapa, City Secre ry THE CITY OF CORPUS CHRISTI MAYOR, MFY RHODES APPROVED: J7 DAY OF ��t �t<< 19 q 3 . JAMES R. BRAY JR., CITY ATTORNEY By: Cit Attorney AG5000.458.skp O ;18 b u r� r,re',s°�.'-- _.: USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi, acting by and through its duly authorized City Manager, Juan Garza, in accordance with Article IX, Section 1, Corpus Christi City Charter, for and in consideration of the sum of One Hundred Dollars ($100.00) to it in hand paid by Daniel Goltzman, Managing Partner, I. Goltzman & Sons, a Texas General Partnership (hereinafter the Owner), of Corpus Christi, Nueces County, Texas the receipt of which is hereby acknowledged, has granted and conveyed and by these presents does grant and convey, upon the conditions hereinafter stated, unto said Owner, a use privilege for the right to reconstruct, install, and maintain commercial signs "Use Privilege Improvements" on an existing building overhang authorized by Ordinance No. 16119 on March 19, 1981, such signs approximately 15 -feet long by 2.5 -feet high each on the Chaparral St and Starr Street side of the building overhang at the corner of the building located at 701 Chaparral Street, within the City of Corpus Christi, Nueces County, Texas, as shown on the attached drawings marked Exhibit A-1, A-2, A-3. TO HAVE AND TO HOLD the same unto Owner, its successors and assigns, together with the right and privilege under the conditions and terms hereof, at any and all times to enter upon the above described right-of-way for the purpose of maintaining said Use Privilege Improvements, and it is further understood that the foregoing use privilege is granted upon the following conditions: A. The commercial signs shall be placed on the existing building overhang and shall not extend below the existing lowest height clearance of 8 -feet 9 -inches. B. It is understood and agreed that the use privilege hereby granted may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi. C. Owner shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents (hereinafter "the Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with installation, operation, repair and/or maintenance of the Use Privilege Improvements pursuant to this Agreement, unless such injury, loss or damage shall be caused by the sole negligence of the Indemnitees or any of them. Owner shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other Page - 1 cost and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. D. Owner shall have and maintain comprehensive general liability insurance in the minimum amounts of $100,000 for each injured person; $300,000 for personal injury arising out of each accident, and $100,000 for property damage arising out of each accident. Such policies of insurance shall carry the City as an additional insured. Upon City's written request, Owner shall provide copies of all insurance policies. Such policies may not be canceled, not renewed or materially changed without thirty (30) days written notice to the City in care of the Director of Engineering Services. E. The use of the rights-of-way hereby granted shall in no way interfere with the construction or operation by the City of any existing or future proposed sidewalks, utility lines, or other uses, or the maintenance thereof. If City (or any other utility company with utilities located in said rights-of-way) needs access to the rights-of-way, Owner shall be responsible at its full expense for removing or relocating the Use Privilege Improvements in order to allow access to said utility lines for repairs and/or maintenance of said utility lines and either repairing the Use Privilege Improvements to its original condition or removing the Use Privilege Improvements at which time this Use Privilege Agreement shall terminate immediately. F. No public street, or any portion thereof, shall be closed or barricaded to use by the public for the purpose of installing, repairing, or maintaining the Use Privilege Improvements until after the owner or his contractor has filed an approved traffic control plan with City Traffic Engineering Office. G. Owner shall be responsible for maintaining or repairing the Use Privilege Improvements at all times, at his own expense, regardless of the type of damage that may occur, within thirty (30) calendar days of notice of damage to Owner. Failure to do so shall terminate this Use Privilege Agreement immediately. H. All applicable State, and County laws and City ordinances shall be complied with. I. The rights conferred herein shall not be assigned by Owner without the prior written consent of the City of Corpus Christi. J. A Right -of Way Occupancy Permit shall be obtained from the Traffic Engineering Office for the blockage of the sidewalk and parking lane during the installation of the commercial signs. K. Damage to driveways, culverts, headwalls and any other structure, public or private, shall be repaired by the Owner at his expense, within 30 days after being notified of damage to same. Page - 2 L. No equipment or material may be stored or left overnight in City right-of-way. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 19 . ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Juan Garza, City Manager APPROVED: day of , 19 By: Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 19, by Juan Garza as City Manager of the City of Corpus Christi, Texas, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas The above Grant and Privilege is hereby accepted this the day of 19, by Daniel Goltzman, Managing Partner, I. Goltzman & Son, a Texas General Partnership Owner, said Owner agrees to keep and perform the conditions imposed by said Grant and Privilege and that it is bound by all of the terms of same. By: Name: Daniel Goltzman Title: Managing Partner Page - 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 19, Daniel Coltman, Managing Partner, I. Goltzman & Sons, a Texas General Partnership Notary Public, State of Texas Page - 4 ES r '7 sndnoo sr's 0 T N. 1— W W cc H c Corpus Christi, Texas day of—AIM-4AM , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE `dITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes C; // Dr. Jack Best aAlY/ Melody Cooper (1.,(,t Cezar Galindo a`',/L' °Betty Jean Longoria ,0` Edward A. Martin c LV . Dr. David McNichols a_ 1,Vt David Noyola t �n.A t , Clif Moss C \forme\045 021856