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HomeMy WebLinkAbout025221 ORD - 03/04/2003AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH NUECES COUNTY APPRAISAL DISTRICT FOR THE RIGHT TO CONSTRUCT, MAINTAIN AND REMOVE A RAISED CONCRETE FRONT ENTRY APPROXIMATELY 5'-0" IN WIDTH BY 25'-0" IN LENGTH BY 4'-7" IN HEIGHT, WITHIN A CITY PUBLIC RIGHT-OF-WAY (SIDEWALK AREA) ADJACENT TO THE BUILDING LOCATED AT 201 N. CHAPARRAL STREET; AND WAIVING THE FEE OF $1,250 IN CONSIDERATION FOR THE ASSISTANCE THE APPRAISAL DISTRICT PROVIDES AT NO COST TO THE CITY; AND REQUIRING THE NUECES COUNTY APPRAISAL DISTRICT TO COMPLY WITH THE 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 front entry (ramp) will not be located on, or extend onto or intrude into the roadway portion of the N. Chaparral Street right-of-way or on the part of the adjacent sidewalk needed for pedestrian use; WHEREAS, the City Council finds that the installation of the ramp will not create a hazardous condition or obstruction of vehicular or pedestrian travel on N. Chaparral Street or the adjacent sidewalk; and WHEREAS, the City Council finds that the design and location of the ramp includes all reasonable planning to minimize potential injury or interference to the public in the use of N. Chaparral Street and the adjacent sidewalk; and WHEREAS, the City Council finds that the use of the ramp will not interfere with the public use of N. Chaparral Street or adjacent sidewalk; and WHEREAS, the City Council finds that the use of the ramp will not create a dangerous condition on N. Chaparral Street or the adjacent sidewalk; 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 the Nueces County Appraisal District for the right to construct, install, operate, maintain and remove a raised concrete front entry approximately 5'-0" in width, by 25'- 0" in length, by 4'-7" in height, within a City public right-of-way adjacent to the building located at 201 N. Chaparral Street. \\CLSTRI USERS2_SERVER\USERS2\LEG-DIR\Joseph\ORD.upa. AppDst.doc ,925221 SECTION 2. That the Nueces County Appraisal District comply with the terms and conditions of the use privilege agreement, a copy of which is on file with the City Secretary, and be subject to the following conditions as part of the use privilege agreement: That the recommended one time use privilege agreement fee Of $1,250 be waived by the City in consideration for the continuous assistance that the Appraisal District provides to the City of Corpus Christi. The raised concrete front entry will extend approximately 5'-0" in width by 25'-0" in length by 4"-7" in height, occupying approximately 125-square feet of city public right- of-way (sidewalk area). Nueces County Appraisal district will own the raised front entry and all improvements, and will be held solely responsible for all operation, maintenance, and removal of the improvements. An engineering permit will be required for any future repairs to the raised front entry described in the use privilege agreement. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds 'and declares an emergency due to the' need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 4th day of March, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. ~'~J "~ Mayor Approved /:~,-~.~ 2-7- ,2003 By: ~amey%J'~ Jose[ Assistant City Attorney For City Attorney \\CLSTR 1 _USERS2_SERVER\USERS2\LEG-D1R\Joseph\ORD-upa. AppDst.doc Corpus Christi, Texas ~'J[ ~day of ~/~(~F ,2003 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, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kiunison John Longoria Jesse Noyola Mark Scott \\CLSTR1 USERS2 SERVER\USERS2\LEG-DIR\Joseph\ORD-upa-AppDst.doc