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HomeMy WebLinkAbout024666 ORD - 11/20/2001AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A RIGHT-OF-WAY (ROW) MAINTENANCE AND USE AGREEMENT WITH DR. MICHAEL MINTZ, (PERMITTEE), TO CONSTRUCT, AT HIS EXPENSE, A PARKING LOT, LANDSCAPING, AND OTHER PUBLIC IMPROVEMENTS IN AN UNDEVELOPED PORTION OF THE AIRHEART POINT PUBLIC STREET RIGHT-OF-WAY (ALTA PLAZA ON THE BAY SUBDIVISION) THAT ABUTS THE PROPERTY OWNED BY SAID PERMITTEE; WITH SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, in order to satisfy the requirements of Chapter 316 Texas Transportation Code, the City Council makes the following findings; and WHEREAS, the City Council finds that the improvements will not be located on, extend onto, or intrude on the roadway portion of the Airheart Street fight-of-way or on any part of the adjacent sidewalks needed for pedestrian use; and WHEREAS, the City Council finds that the improvements will not create a hazardous condition or obstruction of vehicular or pedestrian travel on Airheart Street or pedestrian travel on the adjacent sidewalks; and WHEREAS, the City Council finds that the design and location of the improvements include all reasonable planning to minimize potential injury or interference to the public in the use of Airheart Street and the adjacent sidewalks; and WHEREAS, the City Council finds that the use of the improvements will not interfere with the public use of Airheart Street or adjacent sidewalks; and WHEREAS, the City Council finds that the use of the improvements will not create a dangerous condition on Airheart Street or the adjacent sidewalks; 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 hereby authorized to execute a Right-of-Way Maintenance and Use Agreement with Dr. Michael Mintz, (Permittee), to construct, at his expense, a parking lot, landscaping, and other public improvements in an undeveloped portion of the Airheart Point public street Right-of-Way (Alta Plaza on the Bay Subdivision) that abuts the property owned by said Permittee. SECTION 2. That Permittee complies with the terms and specified conditions of the Right-of-Way Maintenance and Use Agreement, a copy of which is on file with the City Secretary. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and suspends the Charter rule that requires consideration of 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 20th day of November, 2001. ATTEST: THE CITY OF CORUS CHRISTI Armando Chapa City Secretary Mayor Approved this the ~'¢ day of dJ~.,~d.~, 2001. James R. Bray, Jr. City Attorney Josel~ ~Immey 0 Assistant City Attorney Corpus Christi, Texas 00 day of 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 The above ordinance was passed by the following vote: Samuel 1. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garret[ Rex A. Kinnison Bill Kelly John Longoria Jesse Noyola Mark Scott