HomeMy WebLinkAbout025815 ORD - 07/13/2004AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH WILSON PLAZA
ASSOCIATES, LP, FOR THE RIGHT TO CONSTRUCT, MAINTAIN AND
REMOVE A RAISED CONCRETE ENTRANCE RAMP WITH HANDRAIL
APPROXIMATELY 5'-0" IN WIDTH BY 14'-0" IN LENGTH BY 3'-0" IN
HEIGHT, WITHIN A CITY PUBLIC RIGHT-OF-WAY (SIDEWALK AREA)
IN THE 600 BLOCK OF LEOPARD STREET; IN CONSIDERATION OF
PAYMENT OF $250; AND REQUIRING WILSON PLAZA ASSOCIATES,
LP 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 Leopard Street right-of-way or on
the part of the adjacent sidewalk needed for pedestrian use; and
WHEREAS, the C~ Council finds that the installation of the ramp will not create a
hazardous condition or obstruction of vehicular or pedestrian travel on Leopard 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 Leopard 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 Leopard Street or adjacent sidewalk; and
WHEREAS, the City Council finds that the use of the ramp will not create a dangerous
condition on Leopard 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 Wilson Plaza Associates, LP (Owner) for the right to
construct, install, operate, maintain and remove a raised concrete front entry
approximately 5'-0" in width, by 14'-0" in length, by 3'-0" in height, within a City public
right-of-way adjacent to the Wilson Building located at 601 Leopard Street.
SECTION 2. That Wilson Plaza Associates 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:
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That the recommended one time use privilege agreement fee of $250 be paid by
the Owner.
The raised concrete front entry will extend approximately 5'-0" in width by 14'-0"
in length by 3"-0" in height, occupying approximately 70-square feet of city public
right-of-way (sidewalk area). The raised entry ramp must maintain 4'-0" of clear
sidewalk at all times.
Wilson Plaza Associates, LP will own the raised front entry and all improvements,
and will be held solely responsible for all operation, maintenance, and removal of
the improvements and installation in compliance with standard engineering
practices.
An engineering pen'nit will be required for any future repairs to the raised front
entry described in the use privilege agreement.
The design and materials for the ramp and handrail are to be in compliance and
accordance with the Texas Department of Licensing and Regulation and the
Texas Accessibility Standards of the Architectural Barriers Act, Article 9102,
Texas Civil Statutes and the Federal Register for compliance with the Americans
with Disabilities Act of 1990.
The authorization granted by this ordinance is contingent upon Owner presenting
an adequate certificate of insurance, subject to approval by the City's risk
management division.
SECTION 3. That upon wdtten 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 13~h day of July, 2004.
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
Mayor
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Approved "'-) ' [ ~0 '~ , 2004
By:
Joseph H r~ney ~/%
Assistant City Attorney
For City Attorney
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Corpus Christi, Texas
TO THE MEMBERS OF 'FHE CITY
Corpus Christi, Texas
,2004
COUNCIL
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: lANe, 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 v
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
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