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Home My WebLink About10477 ORD - 09/22/1971• "l. -S- l I AN ORDINANCE ADOPTING A POLICY ESTABLISHING A STREET USE FEE BASIC RATE TO BE CHARGED PARTIES DESIRING TO UTILIZE THE PUBLIC RIGHTS -OF -WAY AND/OR EASEMENTS OF THE CITY OF CORPUS CHRISTI FOR PURPOSES OF CONSTRUCTING, LAYING, MAINTAINING AND OPERATING PIPELINES FOR TRANSPORTING ANY SUBSTANCE, SOLIDS, LIQUIDS, OR GASES; DEFINING ROAD OR STREET CROSSINGS; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH REVOCABLE EASEMENTS UPON THE RECOMMENDA- TION OF THE DIRECTOR OF ENGINEERING SERVICES; ESTAB- LISHING THE FEES TO BE CHARGED FOR SAME; PRESCRIBING PERMIT APPLICATION PROCEDURE; PROVIDING APPEAL; PROVID- ING SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: THE FOLLOWING SHALL HEREWITH DE All ESTABLISHED POLICY TO BE USED BY THE CITY OF CORPUS CHRISTI, FROM THE DATE OF ADOPTION OF THIS ORDINANCE, TO ESTABLISH AND FIX A FEE TO BE CHARGED USERS OF THE PUBLIC RIGHT -OF -WAY OF THE CITY FOR THE PRIVILEGE OF PLACING PIPE LINES TO CARRY ANY SUBSTANCE, SOLID, LIQUID OR GASEOUS 14ATCRIAL WITHIN THE PUBLIC RIGHTS -OF -WAY OF TIIE CITY, AND °CROSSINr" OF ANY "PUBLIC WAY" WHETHER STREET, ROAD, OR ALLEY, AND HEREWITH ESTABLISHES A RATE FROM WHICH A FEE IS TO BE COMPUTED AND PAID TO THE CITY FOR THIS USE. FOR PURPOSES OF THIS ORDINANCE, A PUBLIC WAY CROS- SING IS HEREWITH DEFINED AS ANY CROSSING PLACED EITHER BY THE OPEN -CUT METHOD OR BY BORING OR JACKING OR OTHER MEANS UNDER A PUBLIC WAY REGARDLESS OF WHETHER SUCH WAY BE AN ALL - WEATHER SURFACE ROADWAY OR NOT. THE FOLLOWING ITEMS SHALL. BE USED IN COMPUTING THE STREET USE FEE: 1. THE BASIC RATE FOR THE LAYING OR CONSTRUCTING OF ANY LINE FOR THE TRANSPORTING OF ANY SUBSTANCE, SOLIDS, LIQUIDS, GASES, WITHIN THE PUBLIC RIGHT -OF -WAY OR EASEMENT OF THE CITY OF CORPUS CHRISTI SHALL BE $0.20 PER LINEAL FOOT OF PIPE UP TO AND INCLUDING FOUR (4) INCHES IN DIAMETER, PLUS 0.03 PER INCH OF NOMINAL DIAMETER PER LINEAL FOOT OVER AND ABOVE FOUR (4) INCHES IN DIAMETER. THIS BASIC RATE SHALL ALSO APPLY TO ROAD AIJD STREET CROSSINGS. 2. THE RATE FOR MULTIPLE LINES ON THE SAME APPLICATION FOR REVOC- ABLE EASEMENTS IS TO DE CALCULATED AT THE BASIC RATE TIMES THE NUMBER OF LINES. 10477 3. RATE CHARGES SHALL NOT APPLY FOR VAULTS, MANHOLES, VALVE BOXES, OR SIMILAR APPURTENANCES AS SUCH; HOWEVER, LINEAL FOOT CHARGES AS PRESCRIBED IN SECTION 1 HEREOF SHALL BE COMPUTED CONTINUOUSLY THROUGH ANY SUCH STRUCTURE ALONG A STRAIGHT CENTERLINE PROJECTED BETWEEN THE CONNECTION ORIFICE(S) OF A PIPE IN SUCH STRUCTURE. THE FOLLOWING ITEMS SHALL BE USED IN COMPUTING THE STREET CROSSING FEE: d4. THE FEE FOR THE FIRST ROAD OR STREET CROSSING AS DEFINED ABOVE SHALL BE $100.00 FOR PIPE SIZES UP TO FOUR (4) INCHES IN DIAMETER, THEN $10.00 PER ADDITIONAL INCH NOMINAL DIAMETER FOR SIZES IN EXCESS OF FOUR (4) INCHES. 5. THE SECOND ROAD OR STREET CROSSING FEE AND ALL OTHER THAN THE FIRST ROAD CROSSING PER APPLICATION, EXCEPT AS HEREIN EXPRESSLY PROVIDED, SHALL BE $50.00 PER CROSSING UP TO FOUR (4) INCHES IN DIAMETER THEN $10.00 PER ADDITIONAL INCH NOMINAL DIAMETER FOR SIZES IN EXCESS OF FOUR (4) INCHES. MULTIPLE LINES MAY BE PLACED UNDER THE ROADWAY WITH A ONE -FEE CROSSING CHARGE OF ONE HUNDRED FIFTY ($150.00) DOLLARS (MINIMUM) FOR ALL LINES PLUS TEN ($10.00) DOLLARS PER ADDITIONAL INCH NOMINAL DIAMETER FOR SIZES OVER FOUR (4) INCHES, PROVIDED ALL SAID MULTIPLE LINES ARE WITHIN TEN (10) LINEAL FEET OF EACH OTHER MEASURED FROM OUTSIDE OF ANY SUCH LINE TO OUTSIDE OF ANY OTHER SUCH LINE. IF LINES ARE PLACED WHERE THE DISTANCE EXCEEDS TEN (10) FEET FROM OUT- SIDE TO OUTSIDE OF LINE, THEN PIPE SITUATED IN EXCESS OF THIS DISTANCE WILL BE TREATED AS A SEPARATE AND ADDITIONAL STREET CROSSING, AND THE FEE COM- PUTED ACCORDINGLY. 6. WHERE CASINGS ARE USED FOR ROAD CROSSINGS OR OTHER CONSTRUCTION, THE BASIC RATE OR FEE SHALL BE COMPUTED ON THE BASIS OF THE DIAMETER OF THE LINE TO BE CASED AND NOT THE CASING. 7. THE BASIC RATE SHALL ALSO APPLY IF AN APPLICATION IS MADE TO REWORK, REVAMP, WRAP, OR OTHERWISE LOWER OR REPLACE EXISTING LINES UNDER THIS ORDINANCE WHEN SUCH WORK IS PERFORMED ON TWELVE (12) PER CENT OR MORE OF THE TOTAL PIPE LINEAL FOOTAGE UNDER ANY ONE CROSSING PERMIT OR STREET USE PERMIT OR WILL REQUIRE FOUR (4) OR MORE WORKING DAYS TO COMPLETE. A HALF DAY (FOUR HOURS) OR MORE OF WORK SHALL CONSTITUTE A WHOLE WORKING DAY FOR PURPOSES OF CALCULATION. -2- S. APPLICATIONS TO CONSTRUCT, LAY, REWORK, REVAMP, WRAP, OR OTHER- WISE LOWER OR REPLACE EXISTING LINES SHALL BE SUBMITTED TO THE DIRECTOR OF ENGINEERING SERVICES ON FORMS FURNISHED BY THE DEPARTMENT OF ENGINEERING SERVICES. EACH APPLICATION SHALL BE ACCOMPANIED BY NINE (9) SETS OF PLANS SHOWING THE DIMENSIONS AND LOCATIONS OF THE PIPELINES WITHIN THE SUBJECT PUBLIC RIGHT -OF -WAY OR EASEMENT, AS WELL AS ALL PROPOSED LIFT STATIONS, PUMPS, OR OTHER SERVICE STRUCTURES RELATED TO SUCH PIPELINE, AND ALL EXISTING IM- PROVEMENTS. THE DIRECTOR OR HIS AUTHORIZED REPRESENTATIVE SHALL REVIEW SAID APPLICATION AND PLANS, DETERMINE WHETHER SUCH PLANNED LINES AND STRUCTURES CAN BE WORKED WITHOUT INJURY, HAZARD, OR IMPEDIMENT TO EXISTING LINES AND STRUCTURES, OR OTHER PROPOSED CONSTRUCTION, AND, IF 502 CALCULATE THE TOTAL CHARGE THEREFOR IN ACCORDANCE WITH THE TERMS OF THIS ORDINANCE. WITHIN FIFTEEN (15) DAYS AFTER DATE OF FILING OF SAID APPLICATION AND PLANS, THE DIRECTOR OR HIS DULY AUTHORIZED REPRESENTATIVE SHALL SEND NOTICE TO THE APPLICANT, AT THE APPLICANTS ADDRESS AS SHOWN ON THE APPLICATION, OF ACTION TAKEN AND THE TOTAL CHARGE DUE. IF THE APPLICATION IS REJECTED, WRITTEN REASONS SHALL BE GIVEN. 9. IF THE APPLICATION IS APPROVED, AND THE SAID TOTAL CHARGE FULLY PAID, THE CITY MANAGER SHALL EXECUTE AND CAUSE TO BE DELIVERED TO APPLICANT AT THE APPLICATION ADDRESS A REVOCABLE EASEMENT FOR THE INSTALLATION OR WORK COVERED BY SAID APPLICANT IN FORMS FURNISHED BY THE CITY, SUBJECT TO REVOCATION ON NINETY (90) DAYS' WRITTEN NOTICE BY THE CITY. 10. IN THE EVENT THE APPLICATION IS REJECTED OR THE APPLICANT DISAGREES WITH THE CHARGE ASSESSED BY THE DIRECTOR OF ENGINEERING SERVICES OR HIS DULY AUTHORIZED REPRESENTATIVE, THE APPLICANT MAY APPEAL SUCH REJEC- TION TO THE CITY COUNCIL IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN ARTICLE V, SECTION 15, OF THE CORPUS CHRISTI CITY CHARTER. SUCH AN APPEAL IS DECLARED TO BE AN ADMINISTRATIVE REMEDY, THE EXHAUSTION OF WHICH IS PREREQUISITE TO ANY ACTION IN A COURT OF LAW RELATIVE TO SUCH APPLICATION. �' -IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY FINAL JUDG- MENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. THAT THE FOREGOING ORDINANCE WAS READ F T E FIR T TIME AND PASSED TO ITS SECOND READING ON THIS THE ,"DAY OF BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ F R T E SE OND TIME AND PASSED TO ITS THIRD READING ON THIS THE�DAY OF % '19 BY THE FOLLOWING VOTE: BONNIE SIZEMORE LGCJ�_ CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDIN E AS RE,ID FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF 19 1/ BY THE FOLLOWING VOTE: i RONNIE SIZEMORE CHARLES A. BONNIWELL �- ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK ,,,,,, • PASSED AND APPROVED, THIS THE �AAY. OF 19 ATTEST: 0 u CITY StCRETARi OR APPRO ED- THE CITY OF C CHRISTI, TEXAS DAY OFS CITY TTORNEY