HomeMy WebLinkAbout024526 ORD - 07/24/2001
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE,
AND CHAPTER 53, TRAFFIC, REGARDING PLACEMENT OF
DISPOSAL DUMPSTERS WITHIN RIGHTS-OF-WAYS; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 21-90(a) and (f) are revised to read as follows:
"Sec. 21-90. Private Waste Disposal Dumpsters.
"(a) Except as provided in subsection (f) of this section, private Private waste disposal
companies may not place their disposal dumpsters on any City or State right-of-way
within the City limits. All dumpsters must be placed on the customer's private property.
* * * * *
"(f) Durinq the construction, demolition, remodelinq, or repair of a structure. if there is
insufficient space on the premises for a dumpster or the weiqht of a full dumpster will
exceed the carrvinq capacitv of the drivewav and the parkinq of vehicles is allowed in
the street riqht-of-wav adioininq the propertv. a qenerator mav obtain a dumpster
parkinq permit from the Citv's Traffic Enqineer under Section 53-195.
SECTION 2. Section 53-195 is revised to read as follows:
"Sec. 53-195. Procedures for occupancy of public right-of-way (covering of
parking meters and rendering of curb space unusable) and establishing charges
during construction or repair of buildings.
"!&When coverage of parking meters is required or public right-of-way is rendered
unusable for the express use of contractors for the erection, construction, ef-repair, or
remodelinq of buildings, or for the temporarv placement of a dumpster on those arterial
and collector through streets as defined in section 53-251 of the City Code and upon all
streets in the central business district, the following procedure and charges shall apply:
"(1) There shall be a permit fee/service charge of eighty-five dollars ($85.00) for
use of parking lanes and loading zones and ninety-five dollars ($95.00) for use of
traffic lanes, sidewalks and alleys levied against the contractor. Such charge will
be used to offset the cost in preparation of street closure or meter rental permits,
the covering of parking meters, preparation of a traffic handling plan, and
secretarial time for processing of billings.
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"(2) For occupancy of parking lanes and curbside loading zones, assessment of
charges of one and one-half cents ($0.015) a square foot per day (minimum
charge of two dollars and twenty-five cents ($2.25) per day) for occupancy of
metered parking spaces, one and one-half cents ($0.015) a square foot per day
(minimum charge of one dollar ($1.00) per day) for occupancy of unmetered
parking spaces, and two and nine-tenths cents ($0.029) a square foot per day
(minimum charge of two dollars and twenty-five cents ($2.25) per day) for
occupancy of commercial loading zones. Charges would be based on the width
of right-of-way occupied from the barricading equipment or barriers in the
roadway to the face of curb or edge of pavement (in the case of curbless streets).
For temporary restrictions and reservation of parking at meter spaces which are
to be hooded, no more than five (5) metered spaces would be permitted to be
hooded at anyone time by an applicant. Such parking reservation would be
expressly limited to bulk loading/unloading activities and parking of construction
vehicles integral to the construction activities. "Parking lane" as used in this
section shall be defined as any portion of the paved street totally dedicated for
curbside parking, measured from the face of curb to a point eight (8) feet into the
street from the face of the curb.
"(3) For occupancy of traffic lane and sidewalk/alley space, there would be an
assessed charge of three and two-tenths cents ($0.032) a square foot per day
(minimum charge of five dollars and twenty-five cents ($5.25) per day) and three
and two-tenths cents ($0.032) a square foot per day (minimum charge of two
dollars and twenty-five cents ($2.25) a day), respectively. Charges would be
based on the width of right-of-way occupied in the traffic lane or between the face
of the curb (or edge of pavement) and right-of-way line (property line). In the
case of alley space, if all or part of the alleyway is blocked such as to prevent any
vehicle access, the contractor would be assessed for the full right-of-way of the
alleyway. "Sidewalk" as used in this section shall be defined as any portion of
the street between the curb or the lateral line of the roadway and the adjacent
property line, all or a part of which is intended for the use of pedestrians.
"(4) A contractor shall be limited to no greater than one-third of the paved width
of any street adjacent to the building for which a construction permit has been
issued, in accordance with the provisions of section 2101.1 of the building code.
Requests for full closure of the street for any period of time exceeding eight (8)
continuous hours of occupancy of the street in excess of the one-third width
maximum limit shall be directed to the City council for consideration of approval.
"(5) Charges for metered parking space occupancy are applicable to weekdays
only. Assessments applicable to occupancy of unmetered parking spaces will be
assessed for construction occupancy of metered parking spaces on weekends.
Any fraction of a day shall be charged as a full day.
"(6) Whenever parking meters and their support pipe must be removed, there will
be a charge of twenty-six dollars and twenty-five cents ($26.25) for the first meter
removed and six dollars and seventy-five cents ($6.75) for each additional meter.
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"(7) All of the above charges shall be collected by the department designated by
the City Manager and paid in full before the permit is issued or amended, based
upon the planned duration of the construction project. At the discretion of the
City Manager, or such officers or employees of the City designated by the City
Manager, monthly payments may be paid by the contractor if the construction
project is planned for duration beyond one month. When the right-of-way space
covered under the permit is not occupied for the full period of time for which the
permit is issued and for which the fees have been paid, the City will refund a
portion of the fees paid to cover the unoccupied period of time on the following
basis:
"a. The City will refund to the applicant on a daily basis for the number of
days the space covered by the permit was not occupied; provided the
charge for the unoccupied days was paid in advance when the permit was
issued or amended and that there are no other payments due the City.
"b. No refunds shall be made until the occupied space is totally cleared in
full compliance with the conditions set in the permit.
"(b) Durina the construction. demolition, remodelinq, or repair of a structure, if there is
insufficient space on the premises for a dumpster, the weiaht of a full dumpster will
exceed the carrvina capacity of the drivewav. or the placement a dumpster on the
adioininq property is impractical and the parkinq of vehicles is allowed in the street right-
of-wav adioinina the propertv, a propertv owner or contractor mav obtain a dumpster
parkina permit that will allow a permitted solid waste hauler, who has a permit issued bv
the Director. Solid Waste Manaqement under Article VIII of Chapter 21. Code of
Ordinances ("permitted hauler") under contract with the owner or contractor to place a
dumpster upon local streets and neiqhborhood collectors in residential districts subiect
to the followinq procedures and charaes:
"(1) The Traffic Enqineer must determine, based on the standards used under
subsection (c) of this section. if the size and location of the dumpster. in relation
to anv nearbv intersections or drivewavs. will create an unreasonable visual
obstruction or an unsafe condition. If the placement of a dumpster at a specific
location will create an unreasonable visual obstruction or unsafe condition that
cannot be mitiqated bv the use of barricades. installation of warnina sianaqe,
channelization of traffic. installation of warninq liqhts, the use of other traffic
control procedures. or the use of other traffic control equipment. the Traffic
Engineer may deny the applicant the right to place a dumpster in the right-of-
wav.
"(2) The dumpster shall be marked with red and white reflective hiah-intensitv
arade sheetinq, with a minimum a-inch width, placed alonq the fulllenqth of both
ends' riqht and left edaes. and alona the fulllenqth of both sides' riaht and left
edaes. so as to be c1earlv visible from an approachinq motorist. The alternating
red/white stripes shall be oriented on the respective ends to quide traffic to the
appropriate direction of travel. In addition, at least two traffic cones (28" height)
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with two bands of reflective sheetina shall be placed in front of each end of the
dumpster while on the street.
"(3) The dumpster mav not be laraer than 20 cubic vards based on the external
measurement of the dumpster.
"(4) The propertv owner or contractor must submit a statement from the owner of
the adioinina property that consents to the placement of the dumpster in front of
the owner's property and affirmativelv states that the placement of the dumpster
in the City right-of-way is reguired because there is insufficient space for the
dumpster on the premises, the weiaht of a full dumpster will exceed the carrving
capacity of the driveway. or the placement a dumpster on the adioinina property
is impractical and why it is impractical.
"(5) The property owner, contractor, or permitted hauler must aaree to indemnify
and forever save harmless the City from any claims relating to the placement of
the dumpster in the street riaht-of-wav usina a form approved bv the City
Attornev.
"(6) The property owner, contractor. or permitted hauler, who agrees to indemnify
the City under subsection (b)(5) of this Section. must obtain insurance policies.
which name the City as an additional insured, in an amount the Director of Safety
and Risk Manaaement determines is needed to protect the interest of the City
and its residents, as reauired bv section 17-15 of the Code of Ordinances.
"(7) The propertv owner or contractor must aaree to pav the costs of repairing
any damaaes to any public or private improvements in the riaht-of-wav caused bv
the placement of the dumpster, includina. but not limited to, damaae to the street
pavement. curbs and autters, sidewalks, irriaation systems, around cover. or
utilitv pipina located within the riaht-of-wav, usina a form approved bv the City
Attornev.
"(8) The property owner or contractor must post a bond in an amount determined
bv the Director of Finance to cover the cost of any repairs to the City's riahts of
way. includina. but not limited to, damaae to the street pavement. curbs and
autters. sidewalks, irriaation svstems. around cover. or utilitv oioina located within
the right-of-way.
"(9) The property owner or contractor pavs the reauired fees based on the
followina schedule:
"a. Application fee of $40.00, which includes the first seven days parking
at a specific address. The application fee must be paid with the permit
application.
"b. Parkina fee of $10.00 for each additional day or part of a day a parkina
space is occupied bv a dumpster over the first seven days. Parkina fees
must be paid in advance.
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"(9) A property owner or contractor may deposit moneys with the City's Utility
Sillina Office from which application and parkina fees may be automaticallv
deducted.
"(10) At the end of each business day, the property owner or contractor must
remove any dirt. debris, or other substances that may have fallen into the street.
sidewalk, autter. or curb as the result of fillina the container or removina materials
from the container or that may wash out of the container due to the accumulation
of water in the container.
"(c) The City Manager. or such officers or emplovees of the City desianated bv the City
Manaaer, shall publish standards that will be used to determine if the size and location
of the dumpster, in relation to any nearby intersections or driveways, will create an
unreasonable visual obstruction or an unsafe condition.
"(1) The followina factors must be considered in establishina the standards for
the placement of dumpsters in the riaht-of-wav:
"a. The speed limit on the street where the dumpster will be placed.
"b. The speed limit on any intersectina streets if the dumpster will be
placed within 230 feet of the intersection.
"c. The outside dimensions of the dumpsters, particularlv the heiaht and
lenath of the dumpster.
"d. Whether any special rules applv to the location. such as whether:
"1. There is one way traffic,
"2. It is within or near a school zone, or
"3. It is located on a curve or in the circle of a cul-de-sac,
"e. The distance from the nearest intersection.
"f. The distance from the nearest drivewav.
"a. Whether it will limit access to a driveway on the opposite side of a
street
"h. Whether the location has curbs and autters or open drainaae ditches.
"(2) The standards may reguire under appropriate circumstances barricading,
sianina, channelization, warnina. or the use of other traffic control procedures or
traffic control eauipment.
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"(3) A cOPV of the standards and any amendments to the standards must be filed
with the City Secretarv, and provided to the members of the City Council at least
two weeks before they ao into effect. "
'wt-fQl The City Manager, or such officers or employees of the City designated by the
City Manager, may revoke a permit issued hereunder if any of the permit holder's
barricading, signing, channelization, warning or other traffic control procedures or the
traffic control equipment used at the construction site do not comply with the
requirements of the City's "Manual on Uniform Barricading Standards or Practices" or
with those special requirements imposed by the City Manager, or such officers or
employees of the City designated by the City Manager; provided, that the permit holder,
or person named as responsible for the activity in the permit, shall first be notified of the
failure or defect and be given a reasonable time, such length of time to be determined
by the City Manager, or such officers or employees of the City designated by the City
Manager, and not to exceed twenty-four (24) hours; to correct same before such permit
is revoked.
'Wt-MAt least forty-eight (48) hours advance notice shall be provided to the
department designated by the City Manager before issuance of permit."
SECTION 3. Section 53-262 is revised to read as follows:
"Sec. 53-262. Obstructing street and sidewalk traffic, and public right-of-way
generally.
"(a) It shall be unlawful for any person to place, maintain or cause or permit the
placement of any solid waste, personal property, object or obstruction of any kind
whatsoever, in or upon any public right-of-way which obstructs passage or prevents the
free and uninterrupted use of such public right-of-way or any part thereof by the public.
"(b) There is excepted from this section:
"(1) The placement of solid waste in accordance with the requirements of
Chapter 21 of this City Code.
"(2) Exceptions permitted in this article.
"(3) Vehicles parked in compliance with law.
"(4) Mailboxes, public utility poles, or other objects placed in compliance with any
agreement or permit of the City.
"(5) Temporarv placement of a dumpster permitted under Section 53-195,"
SECTION 4. 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
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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.
SECTION 5. A violation of Section 1 of this ordinance or requirements implemented
under that section constitute an offense, punishable as provided in Section 21-3 of the
City Code of Ordinances, and a violation of Sections 2 and 3 of this ordinance or
requirements implemented under these sections constitute an offense, punishable as
provided in Section 1-6 of the City Code of Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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That the foregoing ordinance was read for the first time and passed to its second
reading on this the 1"11'Clay ~~a1'~'J}" , 2001, by the fOlloW(}ing vot::
Samuel L. Neal, Jr. \.< - 6~ Rex A. Kinnison ~~
BrentJ. Chesney ~ John Longoria ~
Javier D. Colmenero 0 ~ Jesse Noyola ~
Henry Garrett Mark Scott ~
Bill Kelly
as read for the second time and passed finally on this
, 2001 by the following vote:
Bill Kelly
PASSED AND APPROVED, this the 6?Lf!'Jay of ~ ' 2001.
ATTEST:
Tha~e f~'going ordin
the t+ day of
Samuel L. Neal, Jr.
Brent J. Chesney
Javier D. Colmenero
Henry Garrett
Mmao~
City Secretary
APPROVED: 13th day of July, 2001:
James R. Bray, Jr.
City Attorney
By:
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R. Jjy R ining /
First Assistant City Attorney
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Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
zd.,~~
Samuel L. eal, Jr.
Mayor
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FINANCE OEPARiMEti1
PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
01 AUG -2 AM 10: I 2
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ss:
CITY OF CORPUS CHRISTI
Ad # 3904697
PO #
Before me, the undersigned, a Notary Public, this day personally came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manager of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
Aransas, Bee, Brooks, Duval, 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. which the
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 30TH day(s) of JULY,
2001.
OifrJ. NOf
{)745J4
Subscribed and sworn to me on the date of
JULY 31.2001.
~~ YIJtUluJc Ju:nvv
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
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