HomeMy WebLinkAbout032622 ORD - 12/14/2021Ordinance amending the Corpus Christi Code to remove Chapter 3
Article I and amend Chapter 49 Article I to consolidate the City's
requirements for installations on, across and over public right of way
and to amend petitions to close streets; establishing a penalty
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. City Code of Ordinances, Chapter 3 Advertising, Article I is revised to
remove Sections 3-1 through 3-5 pertaining to installations with public right of way.
"ARTICLE I. IN GENERAL RESERVED.
Sec. 3 1. Putting up placards, ctc., in public places.
It shall be unlawful for any person to fasten, tack, nail, tie, glue, pastc or maintain any
gutters, signal light posts or bases, street light posts or bases, telephone posts or
electric posts in thc city or to cause thc same to be donc.
This section shall not apply to any officer of the city, thc state, or the United States who
the interest of public health and safety.
Sec. 3 2. Painting on or defacing city property.
It shall be unlawful for any person to paint or write pictures, characters, signs or
advertisements or use any other paint or material of any kind upon any of the sidewalks,
streets, curbs or pavements of the city or upon any ornamental balustrade, fountain,
street number of abutting property, but such permit shall be expressly conditioned upon
Sec. 3 3. Banners, etc., over public streets.
No person may build, construct, fasten, tic, install, remove, or maintain any banners,
within the city except as set out below:
03262.
SCANNED
{1) The city traffic engineer may issue a permit for installation of banner for a
conditions set out below.
{2) Prior to issuance of the permit and installation of banncrs, thc permittee must:
a. Furnish a certificate of insurance, meeting thc insurance requirements set
(3)
day of the permitted banncr installation.
b. Sign an indemnity form indemnifying the city from all personal injury or
property damage that might result from installing, maintaining, or removing
the banners.
c. Pay a nonrefundable procc-sing fee of thirty five dollars ($35.00) for
and at thc times set by the city traffic engineer, and stated in the permit, and
to ensure that the banner remains properly secured during the time it is
permitted.
A permittee may request a banner application no more than one (1) year prior
thirty (30) days prior to the first day of installation.
on the same business day, the person who first requested thc location will be
so the first person's reservation is forfeited, then the second person will be given
thirty (30) days to return the completed application. If neither person returns the
information, the city traffic engineer may use another method of determining who
may use the requested banner locations, including leaving the banncr location
vacant.
arc not removed the city will invoice thc permittcc for thc city's cost of removing
thc banners plus twenty five (25) per cent overhead and the permittee must pay
(6) Banners must not contain thc name of any product or business, and must contain
Sec. 3 4. Distributing, etc., handbills, etc.
It shall be unlawful for any person to circulate or distributc upon any of thc public streets,
any motor vehicle standing upon any public street, alley, sidewalk or public grounds of
the city, any dodgers, handbills or circulars.
Scc. 3 5. Obscene, etc., advertising and displays.
same may be seen by persons traversing any alley, street or public place.
Secs. 3 6 3 1-3-19. - Reserved."
SECTION 2. City Code of Ordinances, Chapter 49 Streets and Sidewalks is revised to
amend Article I to consolidate the City's requirements for installations on, across and over
public right of way and amend the requirements to close streets and rights-of-way.
"Sec. 49-2. - Obstructions generally Obstructions, Closures or Encroachments in
City Right -of -Way.
Except as otherwise provided in this Code, no person shall place any sign, rack, can,
whatsoever upon any sidewalk, street, alley of the city, or permit the same to remain
thereon.
Nothing in this section shall apply to the operation of a sidewalk cafe or to the placing
being hauled off by the sanitation division.
fpl It shall be unlawful for any person to obstruct, construct, encroach, place or
permit to be placed any object, obstruction, infrastructure or facility upon, in,
under or over any street, sidewalk, space between sidewalk and curbing, travel
lane, or commonly traveled portion of a street, alley or other public right-of-way.
(b) The Director of Public Works or Department of Public Works designee may grant
a permit or license to exempt any person or organization from the prohibitions of
this section.
(c) The Director of Public Works or Public Works designee shall enact rules,
regulations and procedures governing the use of the right-of-way by those
persons or organizations granted a permit pursuant to this section. The rules and
regulations may include the following:
(1) Applicant or responsible party name, address, and phone number.
al Emergency contact information.
al Location of the obstruction, closure, or encroachment.
(4) Purpose for the obstruction, closure or encroachment.
(5) Limitations on the size, location, and duration of any obstruction, closure
or encroachment within the City's rights-of-way.
n A requirement that the permittee indemnify the City.
(7) Permit or license fees.
(8) Any requirement that preserves the physical integrity, controls the orderly
flow of vehicles and pedestrians, and protects the safety, security and
appearance of city streets, sidewalks, and right-of-way or requested by the
city Traffic Engineer for adequate review.
111 Penalties for violations.
fga Nothing in this section shall apply to the placement of any receptacle, container,
heavy brush or bulky items upon City right-of-way for the purpose of being
disposed by the collection services of the City's solid waste operations
department.
(e) Any applicant, organization or authorized agent with a current city franchise
agreement or city council authorization that specifically includes the right to
construct within the public right-of-way shall continue to operate and comply with
obligations set forth in such franchise agreement, city authorization or Article VIII
of this Chapter.
Sec. 49-3. - Procedures and standards for the closing or partial blocking of public
streets, thoroughfares, sidewalks and alleys, and city right-of-way.
No. 12425 of the city council, and on file in the office of the city secrctary, is hereby
as fully as if copied at Icngth in this section.
Any person, group, entity or organization who performs work or has an event with the
city upon, in, under, above or across any public street, alley, sidewalk or right-of-way
which requires such right-of-way be partially blocked or completely closed shall be
responsible for promoting safe, efficient, and orderly movement of all users upon city
streets, sidewalks and right-of-way and is required to meet all requirements for
barricading and traffic control as specified in the latest version of the Texas Manual on
Uniform Traffic Control Devices (TMUTCD).
(a) Only individuals qualified by means of adequate training in safe traffic control
practices and understanding of the principles established by the TMUTCD and
other applicable standards and regulations may place and maintain the traffic
control devices in city right-of-way.
(b) The applicant, organization or authorized agent must either subcontract the traffic
control plan and barricading to a firm, company, or licensed Professional
Engineer in the State of Texas specializing in traffic control or submit the
qualification and names of its employees who shall take on these responsibilities
to the city for approval prior to the commencement of work. A traffic control plan
must also be submitted for review. All signs and barricades must conform to the
requirements of the TMUTCD.
Sec. 49-4. - Injuring, etc., sidewalks, streets, etc.
It shall be unlawful for any person to tear up, injure, deface or destroy, haul, drive upon
or roll any heavy object, structure, or horse-drawn carriage along any sidewalk, street
or any curb, culvert, crosswalk, or public right-of-way without a
permit.
It shall bc unlawful for any person to moves haul, or roll any h vy object or structure
kecping timbers on the pavement for the wheels or trucks to run on. Such timbers shall
be of sufficient width, length and thicknecc for the weight to bc carried and the
sufficiency thereof shall be determincd by the building official to whom application shall
be made before the moving is commenced. It shall likewise be unlawful for any person
to drive or otherwise transport across or along the paved streets of the city any steam
plow, st am roller, cultivator or any vehicle or machinery or any other thing that defaces
other animal upon any portion of the strcets in the city that has been freshly paved,
unless all barriers or signal lights have bccn lawfully removed thcrefrom indicating that
such street is r ady for travel.
Sec. 49-9. — Banners Christmassdecorations,et across streets - horizontal and
vertical.
(a) Permit Required.
(1) It shall be unlawful for any person to build, construct, fasten, tie, remove
or maintain any banners, streamers, decorations or similar installations on
City -owned poles, across or above any public right-of-way or public
property except in accordance with the terms, conditions, and duration
authorized by a Temporary Banner Permit issued by the City's Traffic
Engineer.
(2) The maximum duration of a permit is 30 days.
(3) Banners may promote arts and cultural activities, festivals, tourism
programs, school activities and other civic events.
(4) Banners shall not advertise specific products or services.
(5) Corporate and business logos are permitted but are limited to 20% or less
of the overall banner area. The font of the sponsorship may not be larger
than the font of the event name.
(b) Permit Application Requirements.
(1) The permit shall include the location, date, and duration of the event.
(2) The applicant shall provide a commercial liability certificate of insurance,
meeting the insurance requirements established by the City Risk Manager.
(3) The applicant shall pay a Temporary Banner Placement Fee of $35.00 per
week for costs associated with administrative and inspection fees for use of
public right-of-way or public property.
(4) A permittee may request a banner permit application no more than one year
prior to the first day requested for installation.
(5) A permittee is limited to two banner locations for a maximum of 30 days for a
specific civic event each six months.
(6) Completed applications must be returned to the City Traffic Engineer not less
than 20 days prior to the first day of installation. A completed application
includes a signed application form that includes the banner design, proof of
insurance and payment of application fee.
(7) If more than one person requests the same banner location for the same time
on the same business day, the first person to submit a completed application
may be issued the permit, subject to review and acceptance of the City Traffic
Engineer.
(8) The City Traffic Engineer may require permittee to remove a banner from an
approved location prior to the scheduled removal date due to unsafe
conditions, damage, or potential damage to the public or public right-of-way,
installation without a permit, poor or damaged condition of the banner, or
noncompliance with City codes at the permittee's expense, and city owes no
damages to permittee for the early removal.
(c) Removal. If the banner is not removed within the time specified in the permit, it
is hereby declared a nuisance to public health, safety and welfare and may be
confiscated and disposed of immediately without notice. The city will invoice the
permittee for the city's cost of removing the banner plus 25 percent overhead, and
the permittee must pay the invoice within 30 days of the invoice date.
It shall be unlawful for any person to build, construct, fasten, tie or maintain any
Christmas decorations or similar installations across or above any public street within
the city;; provided, that the provisions of this section shall not apply to charitable
organizations or any person cngaged in promoting a nonprofit civic enterprise who has
indemnifying the city from any personal injury or property damage which might result
from the building, constructing, fastening, tying, disconnccting or maintaining any such
within the city. Upon presenting to thc chicf of policc cvidcncc of approval by thc
director of traffic cnginecring and evidence of securing the bond as required above,
the chief of police shall issue a permit to such charitable organization or any person
hcrcin prohibited.
Sec. 49-12. - Petition to council to stablish or close, abandon, vacate, or alter
streets, alleys, etc.
(a) General.
(1) All persons desiring to have the city council exercise its powers under Section
1(a)(11) of Article X of the Charter regarding the closing of public streets, alleys,
or other public ways shall file a written application request with the Director of
Public Works or Public Works designee requesting that public right-of-way, or
portion thereof, be closed, abandoned, vacated, or altered.
(2) Right-of-way shall only be abandoned if the right-of-way is not currently utilized
or no longer needed for public use.
(3) All grants of closing, abandoning, vacating, or altering of public streets, alleys,
or other public ways must be recorded in the real property records of the county
in which the property is located. Prior to permitting any construction on the land,
an up-to-date survey, abstracted for all streets, alleys or public ways and items
of record must be submitted to the Director of Development Services.
(4) A qovernmental entity having the power of eminent domain shall be exempt
from the payment of an application fee under this section.
(5) In instances in which a right-of-way was dedicated by plat, it may be abandoned
through a replat if the right-of-way is unimproved and new right-of-way is
dedicated in its place.
(6) All payments received by the city pursuant to this section, other than
administrative fees and expenses, shall be paid into a fund which is hereby
established as the "street trust account" to be used for land acquisition and
improvements related to street projects in the city.
(b) Process.
(1) A pre -application meeting with the Department of Public Works and designated
representatives is required to review the request and provide initial guidance
through the process.
(2) The official application request shall be filed with the Department of Public
Works containing the required application, fees, and supportinq documents.
(3) An application fee in the amount of $1,000.00 shall be required for each
application to close, abandon, vacate, or alter each separate public right-of-
way, or portion thereof, within the city limits. The application fee of $1,000.00
shall be a minimum fee only and no portion of such fee shall be refundable,
regardless of the final action on such application by the city council. A cashier's
or certified check, payable to the city for such amounts, shall accompany such
application.
(4) In cases where right-of-way abandonment will involve the purchase of property
or interest therein from the City, the applicant shall obtain an appraisal
completed by a MAI certified appraiser who is pre -approved by the City.
(5) Upon filing a complete application, the Department of Public Works shall initiate
a review process and prepare written recommendations regarding the current
use, traffic and drainage patterns; proximity of other streets and public right-of-
way; the city's master plans; the effect of the proposed abandonment on access
by fire, other emergency vehicles, and other city service vehicles to adjacent
properties; the location of existing city water and sewer lines and storm water
facilities and future extensions thereof which may be impacted by the closing,
abandoning, vacating or altering of such public right-of-way, or portion thereof.
(6) When the above information has been reviewed by the City, the applicant shall
be notified that the file is complete and informed of the date and time of the
council meeting.
(7) The applicant shall be responsible for all mailing postage fees and costs to
cover all notification and legal publication costs for requests that demonstrate
adequate justification and that reach the public notification stage. The applicant
shall provide a cashier's or certified check payable to the city for such amounts.
(8) The City Council may, at its sole right and option, elect to close, abandon,
vacate, or alter right-of-way for a sum equal to the present market value.
(9) Upon City Council approval, the applicant shall be required to pay to the City
the value of the right-of-way closed, abandoned, vacated or altered as
determined by the appraisal (if applicable). Once the settlement is received, the
City shall finalize the abandonment and forward a copy of the ordinance to the
applicant. The applicant is responsible for filing the ordinance with the county
clerk's office in order to legally claim the appropriate portion of property.
(a) All persons desiring to have the city council exercise its powers under Section
1(a)(11) of Article X of the Charter, regarding the establishment or closing of public
streets, alleys, or other public ways, shall file their request with the director of
contain an accurate description of thc strcct, or portion thereof, desired to be
be a list of all owners of property abutting the street or alley and within four hundred
fifty (450) feet therefrom, together with the last known address of all such owners.
be attached to the request showing thc reason for nonparticipation of those who
have not signed the request. All grants of establishment or closing of public
of the county in which the property is located. Prior to permitting any construction
on the land, an up to date survey, abstracted for all streets, alleys or public ways
and items of record must be submitted to thc director of development services.
must be recorded in the real property records of the county in which the property iG
to the director of development services.
(b) Each request shall be accompanied by the payment of a nonrefundable application
fee in the amount of five hundred thirty dollars ($530.00) to cover the expense of
administrative processing and a fee of seventy five dollars ($75.00) to cover all
($75.00) fee will be refunded if the processing of the applicant's request does not
reach the notification and publication stage and the city does not incur such
expenses.
any person who acquires such property under the terms of this section shall pay
right of way shall be established by the average of the values of the adjoining
parcels using the current county appraisal district valuation. Should thc average
valuation for the area to be vacated cxceed twenty thousand dollars
by the city. Appraisal must be conductcd within six (6) months prior to the request
allowed against such payments under the following circumstances:
concrete pavement.
(2) No further payment shall bc required if thc vacation or alteration is
initiated by the city when such vacation or alteration is reasonably
required for the proper completion of a public improvement project.
(3) A credit equal to all or a portion of such payment shall be allowed when
the urban transportation plan or other street plan acceptable to the city.
pavement and not used for any public street purpose. The term "public
street purpose" is hereby dcfincd to include one (1) or morc of the
following: curbs, gutters, sidewalks, pavement, drainage ditches,
water, sewer and gas lines, line poles and wires, and other public utility
herein shall bc made in the reasonable discretion of thc city exercised in
tendered in the form of a certified or cashier's check prior to the placement
of thc ordinance effecting the closure on thc council agenda. In thc event
that the ordinance fails to pass, said checks shall be returned.
(d) All payments received by thc city pursuant to this section, other than
administrative fees and expenses, shall be paid into a fund which is hcrcby
improvements related to street projects in the city.
Sec. 49-17. —Art on Streets, Sidewalks and Public Property
(a) General Requirements.
al It shall be unlawful for any person to install temporary or permanent
placement of paint, pictures, characters, signs, logos or advertisements or
any other material upon, in, under or over any street, sidewalk, space
between sidewalk and curbing, crosswalk, traffic signal cabinet, travel
lane, or commonly traveled portion of a street, alley, or other public right-
of-way or property top except in accordance with the terms, conditions,
and duration developed in a community art program authorized by the
Department of Public Works. Installations authorized under this section is
not intended to be public art under City Code Chapter 2, Article IV, Division
6. -Arts and Cultural Commission.
(2) The Director of Public Works or Public Works Department designee is
authorized to establish appropriate methods, procedures, materials, and
permitting requirements for the administration of a community art program.
(3) Proposed projects and locations are subject to City review to determine if
the request meets community art program eligibility requirements.
Artistic crosswalks will only be permitted in historic areas or art districts.
Eligible projects shall be noncommercial and not contain pictures, drawings,
words/text, symbols, or shapes that may be confused with standard traffic
control devices governed by the latest edition of the Texas Manual on
Uniform Traffic Control Devices.
(6) Proposed projects involving crosswalks are governed by the latest edition
of the Texas Manual on Uniform Traffic Control Devices and shall include
standard crosswalk markings in compliance with City of Corpus Christi
standards.
(7) Hand painting will be prohibited on streets, crosswalks, traffic control
devices and appurtenances.
LED All materials used shall be skid or slip resistant.
(9) Use of retroreflective materials shall be prohibited.
(10) Installations shall be performed by a vendor or contractor approved by the
Director of Public Works or Public Works Department designee.
(11) City -sponsored artistic crosswalks will be limited to one per bond program.
1122 Applicant or Sponsor Eligibility.
(1) Only individuals or organizations that have a connection with the community
or neighborhood where the proposed installation is to be located are eligible
to sponsor and request a project under a community art program. The
sponsor shall meet the following criteria:
i. Property Owner or Business Owner/Tenant
ii. Property Owner or Business Owner Association
iii. Nonprofit or Community Based Organization
iv. Public, Charter or Private School
al The sponsor shall be responsible for funding, designing, manufacturing,
installing, and obtaining applicable permits and traffic control required for
the project installation.
The sponsor shall be required to conduct community outreach and support
including, but not limited to, hosting or attending public meetings, obtaining
signatures and written approvals from property owners within project limits
defined under community art program requirements, and obtaining a letter
of support from the City Councilmember(s) representing the district(s) of the
requested project.
.(22 Location Eligibility.
(1) Only streets with a PCI of 85 or above, have been maintained under a
maintenance or capital improvement program, within seven years of the
request, or approved by the Director of Public Works shall be eligible for a
project under a community art program.
(2) Crosswalk requests shall be considered at an intersection where there is an
existing crosswalk and curb ramp, and a vehicle is controlled by a STOP
sign or traffic signal.
(3) Crosswalk requests shall be considered at a mid -block location where a
crosswalk and curb ramp exist and is controlled by a pedestrian hybrid
beacon.
(4) Crosswalk requests shall be considered at an unmarked location that meets
city standards and approval of the City Traffic Engineer.
(5) If multiple crosswalks are requested at an intersection, then the sponsor
shall be required to maintain consistency of style to create uniform
aesthetics at the intersection.
(6) Requests shall be denied for any location based on the roadway
classification, roadway width, traffic volume, crash history or other safety
factors established under the requirements of a community art program.
(d) Application Process.
(1) A community art program shall establish the application process, including
but not limited to, forms, deadlines, fees, community outreach and
supporting documents for consideration of eligible projects.
(2) Signatures from at least two-thirds of residential and/or property owners
within limits defined by the Department of Public Works shall be required.
(3) A letter of support from the City Councilmember(s) representing the
district(s) in which the installation is proposed shall be required.
(4) Permit applications shall require review and majority vote to approve, deny
or request additional information by the City's Transportation Advisory
Commission to ensure the installation is supported by adjacent property
owners and businesses within the defined survey area, is of public benefit,
and meets City and nationally recognized standards and policies for
installation.
(5) The sponsor, contractor, and vendor responsible for performing the project
installation shall indemnity the city from all personal injury or property
damage that might result from installing, maintaining, or removing the
project.
,(l Maintenance.
al The sponsor shall be required to maintain a commercial liability certificate
of insurance, meeting the insurance requirements established by the City
Risk Manager, so lonq as the project is in place. A copy of the insurance
is required prior to performing installation and maintenance.
(2) The sponsor shall be required to provide a plan approved by the Director of
Public Works or Public Works Department designee that provides for
continued maintenance of the project.
if Removal. The sponsor shall agree that the City, 'at its sole discretion and without
providinq any notice or compensation, may remove the project if:
(1) The sponsor fails to remove the proiect as required per the community art
program, permit issuance or revocation of a permit.
(2) State or Federal Law requires removal.
The proiect is removed to perform City maintenance.
(4) The project constitutes a public safety hazard to pedestrians or vehicular
traffic.
DIVISION 2. — RESERVED
Secs. '19 17 49-18— 49.19. — Reserved."
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi by publishing the caption stating the purpose of the
ordinance. This ordinance to become effective upon such publication.
SECTION 4. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus
Christi Code of Ordinances.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the `j'fh day of 0.Q.02,NN\3) , 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
bWc
John MartinezAV
/�
Ben Molina 1
Mike Pusley A_, Q
Greg Smith A4-,(iu
That the foregoing ordinance was read for the second time and passed finally on this the /411/
day of Ar00 021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
PASSED AND APPROVED on this the )4 day of O� \ , 2021.
ATTEST:
Rebecca Huerta
City taPt-- .-.�..
1 EFFECTIVE DATE #
Paulette M. Guajardo
Mayor