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HomeMy WebLinkAbout026889 ORD - 07/25/2006AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH R.E.E., INC., DBA MCDONALD'S RESTAURANT, (OWNER)'FOR THE RIGHT TO PLANT AND MAINTAIN APPROXIMATELY 432 - SQUARE FEET (3' WIDE BY 144' LONG) OF LANDSCAPED SECTIONED AREA WITHIN THE MORGAN AVENUE PUBLIC RIGHT -OF -WAY, ADJACENT TO THE MCDONALD'S RESTAURANT BUILDING, LOCATED AT 2021 MORGAN AVENUE; ESTABLISHING A FEE OF $1,140.00; AND DECLARING AN EMERGENCY. 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 R.E.E., Inc., dba McDonald's Restaurant (Owner), for the sole purpose and right to plant and maintain a 3' wide by 144' long landscaped sectioned area for landscaping purposes only within the Morgan Avenue public right -of- way. adjacent to the McDonald's Restaurant building, located at 2021 Morgan Avenue. SECTION 2. That Owner will 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: 1. R.E.E.. Inc.. dba McDonald's Restaurant, (Owner), pay the $1,140.00 Use Privilege Agreement fee for the planting and maintaining of approximately 432 - square feet (3' wide by 144' long) of landscaped sectioned area within the Morgan Avenue public right -of -way. 2. Owner must maintain and irrigate the landscaped area, located on owner's property and within the Morgan Avenue public right -of -way, at all times. 3 An Engineering Permit will be required, prior to any maintenance work, irrigation work, and replacement of the Improvements. 4. Owner agrees to comply with all the specified conditions and provisions as set out in the Use Privilege Agreement. 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 takes effect upon first reading as an emergency measure this the 25th day of July, 2006. 11.1L1- -�G- 1)1R' Shared ,GarvS agenda v?(106`r)7 -25 ()RD- upa- McDonalds.doc ATTEST: Armando Chapa City Secretary Approved: July 19, 2006 BY: (- G ir116t ry K/V. Smith Assistant City Attorney For City Attorney CITY 1 F CORPUS CHRISTI enry Garr tt Mayor E{- \LEG -DIR _Shared \GaryS' agenda' 2006 07 -25 ORD- upa- McDonalds.doc Corpus Christi, Texas day of TO THE MEMBERS OF THE ITY COUNCIL Corpus Christi, Texas , 2006 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, Henry Garret, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison ice\ John E. Marez Jesse Noyola Mark Scott H:yLEG -DIR SharedyGaryS`agendav2006,) - 25`ORD -upa- McDonalds.doc