HomeMy WebLinkAbout024868 ORD - 05/14/2002AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH LLR
STAPLES VENTURES, LTD., FOR THE RIGHT TO CONSTRUCT,
OPERATE, MAINTAIN, AND REMOVE A 3 FOOT WIDE BY 34
FOOT LONG CANOPY EXTENSION OVER PUBLIC STREET
RIGHT-OF-WAY (SIDEWALK AREA) ADJACENT TO THE
BUILDING LOCATED AT 1316 SOUTH STAPLES STREET;
ESTABLISHING A FEE OF $380.00, AND OTHER SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, the installation of the canopy extension will not require the installation of
any support columns in any City sidewalk or street right-of-way or easement; and
WHEREAS, no part of the canopy extension will be located on, extend onto, or intrude
on any part of the South Staples Street right-of-way or any part of the adjacent sidewalk;
and
WHEREAS, the canopy extensions and sign will not in any way interfere with vehicular
or pedestrian travel on South Staples Street or pedestrian travel on the adjacent
sidewalks; and
WHEREAS, in order to satisfy the requirements of Chapter 316 Texas Transportation
Code (I 999), the City Council makes the following findings; and
WHEREAS, the City Council finds that the canopy extensions and sign will not be
located on, extend onto or intrude on the ;'roadway" portion of the South Staples Street
right-of-way or any part of the adjacent sidewalks needed for pedestrian use;
WHEREAS, the City Council finds that the installation of the canopy extension will not
create a hazardous condition or obstruction of vehicular or pedestrian travel on South
Staples Street or pedestrian travel on the adjacent sidewalk;
WHEREAS, the City Council finds that the design and location of the canopy extensions
and sign includes all reasonable planning to minimize potential injury or interference to
the public in the use of South Staples Street and the adjacem sidewalk;
WHEREAS, the City Council finds that the use of the canopy extension will not
interfere with the public use of South Staples Street or adjacent sidewalk; and
WHEREAS, the City Council finds that the use of the canopy extension will not create
dangerous conditions on South Staples Street or the adjacent sidewalk;
024868
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 Use Privilege Agreement with LLR Staples Ventures, LTD., for the right to
construct, install, operate, maintain and remove a 3 foot wide by 34 foot long canopy
extension in and over public street right of way (sidewalk area) adjacent to the building
located at 1316 South Staples Street.
SECTION 2. That LLR Staples Ventures, LTD., pay consideration of $380.00
and comply with the terms and conditions of the Use Privilege Agreement, a copy of
which is on file with the City Secretary, and subject to the following specified conditions
as part of the Use Privilege Agreement:
1. Canopy extensions are to have a minimum clearance of no less than 9-feet or a
maximum clearance of 14-feet between the lowest point or projection and a
sidewalk immediately below.
2. The canopy extensions shall extend 3 feet across and be 34 feet in length into
the 10 foot wide existing width of the concrete sidewalk.
3. Canopy extensions are to be entirely supported from the building and be
designed to withstand 105 mile per hour wind loads.
4. Public property shall be maintained clear of any and all obstructions, including
posts, support columns, and private light pole fixtures, etc.
SECTION 3. 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 a~ shall take effect upon first reading as an emergency measure this the
day of [/\OAA ,2002.
ATTEST:
THE CITY OF CORUS CHRISTI
City Secretary
Samuel L. Neal,~Jr.
Mayor
Approved this the~ day of
James R. Bray, Jr.
City Attorney
By: Josep~Hamey~
Assistant City Attorney
,2002.
Corpus ~Christi, Texas
Iq-dayof [4a l ,2oo
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,
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel 1. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Rex A. Kinnison
Bill Kelly
John Longoria
Jesse Noyola
Mark Scott
024868