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HomeMy WebLinkAbout023467 ORD - 10/20/1998AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH WILLIAM YEAGER FOR THE RIGHT TO CONSTRUCT, INSTALL AND MAINTAIN A CONCRETE RETAINING WALL AND WOODEN PRIVACY FENCE WITHIN THE CUMANA DRIVE STREET RIGHT-OF-WAY; ESTABLISHING A FEE OF $428.00; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is authorized to execute a Use Privilege Agreement with William Yeager ("Owner") for the right to construct, install and maintain a concrete retaining wall and wooden privacy fence within the Cumana Drive street right-of-way, subject to Owner complying with the following specified conditions as part of the Use Privilege Agreement: 1) That Owner pay a Use Privilege Agreement one time fee of $428.00 for the right to construct, install, and maintain a concrete retaining wall and wooden privacy fence within the Cumana Drive street right-of-way. 2) That Owner, within 30 days of Council approval, remove and relocate the existing underground footing of the retaining wall so that the outer alignment of the wall on the street side does not exceed a distance of 2'-3" off of his property line, maintaining a 7'-9" clear right-of-way area between the wall and back of curb. 3) That Owner file and record the Use Privilege Agreement at the Nueces County Courthouse to ensure that public interests needing to use the right-of-way and any future owner of the property are aware of the agreement. 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 this ordinance is, passed" and shall take effect upon first reading as an emergency measure this the 07,01-11 day of Umbc� , 1998. ATTEST: Armando Chapa, City Secretary THE CITY OF CORPUS CHRISTI amuel L. Neal, Jr., Mayor City of Corpus Christi LEGAL FORM APPROVED ©dd • /4 , 1998; JAMES R. BRAY, JR., CITY ATTORNEY By Gerard V. D'Alessio, Assistant City Attorney H: \LEG-DIR\ SHARED"JERRY`:005. V R 023467 Corpus Christi, Texas A0141 day of QA -o , 1998. 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, Samuel L. Neal, r., Mayor THE CITY OF CORPUS C RISTI Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper`( Alex L. Garcia, Jr. na 73, ilHILAIL ustA 9 Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 0 11:\LEG-DIR\SI IAREDUERRY\005. V R 023467 2