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HomeMy WebLinkAbout029326 ORD - 12/13/2011Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80 square foot portion) of public city sidewalk right-of- way as an outdoor seating space, in consideration of $560.00, a one- time use privilege fee; subject to compliance with the specified conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a Use Privilege Agreement (UPA) with Pietsch Realty Investments, LLC, Owner and Permittee, granting and conveying the use privilege of a 4' x 20' section (80 square foot portion) of public city sidewalk right-of-way as an outdoor seating space, located adjacent to 326 N. Chaparral Street, Corpus Christi, Texas, in consideration of $560.00, a one-time Use Privilege Fee; SECTION 2. That the Use Privilege granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Permittee shall pay $560.00, a one-time Use Privilege Fee. 2. With regard to the seating space located within the use Privilege Area: a. Permittee must provide a minimum thirty-six inch (36") clearance between the existing parking meters and any tables or chairs located within the overall nine foot eight inch (9'- 8") width area of the sidewalk. b. Permittee must provide a minimum door way turn clearance of sixty inches (60"), in compliance with the American Disabilities Act (ADA). c. Permittee shall comply with all applicable Federal, State, County and City laws and ordinances, specifically including those regarding ADA compliance and those applicable to smoking areas, if the Use Privilege Area is used for such a purpose. d. Permittee shall not place any tables or chairs in the Use Privilege Area other than during the hours of operation of the business. No tables, chairs, other equipment or material may be stored or left in a City right-of-way overnight, except as specifically authorized by the City Manager. 029326 INDEXED 3. Permittee shall comply with any and all conditions and provisions as set out in the Use Privilege Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the fie - day of 4O, p,,,,,_ ,-Qr, , 20 tt , by the following vote: Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the !� day of D .ee& _ , 20 II , by the following vote: Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal APPROVED AND PASSED on this ATTEST: Armando Chapa, City S ' retary David Loeb John E. Marez Nelda Martinez Mark Scott '.0day of , 2011. Joe A ame, Mayor, City of Corpus Christi APPROVED AS TO FORM: This 21st day of November, 2011 Carlos Valdez, City Attorney eborah Walther Br Assistant City Attar K:1Legal\SHAREDILECAL-i)EV.SVCS12011 AgendalAria Night ClublOrdinance DWBFinaLdocx Page 2 of 2 OZ9326