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Home My WebLink About15235 ORD - 11/21/1979nh:11-5-79:1st AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE IV. CHARGES FOR USE OF RIGHTS-OF-WAY, BY AMENDING SECTIONS 49-60, 49-61, 49-62, 49-63, 49-64, 49-65, 49-66 AND 49-67 AS HEREINAFTER PROVIDED, TO PROVIDE FOR AN INCREASED FEE RATE OVER PREVIOUS- LY ADOPTED RATES TO BE CHARGED PARTIES DESIRING TO UTILIZE THE PUBLIC RIGHTS-OF-WAY OF THE CITY FOR THE PURPOSES OF CONSTRUCTING, LAYING, MAINTAINING AND OPERATING PIPELINES FOR TRANSPORTING PETROLEUM PRODUCTS OR OTHER PIPELINE USES; PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, City of Corpus Christi, 1976 Revision, as amended, be amended by amending Article IV. CHARGES FOR USE OF RIGHTS-OF-WAY, by amending Sections 49-60, 49-61, 49-62, 49-63, 49764, 49-65, 49-66, and 49-67 to hereafter read as follows: j Sec. 49-60. Establishment of policy; definition. The following shall herewith be an 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 material within the public rights-of-way of the City, and "crossing" 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 crossing 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. Sec. 49-61. Computing 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 $1.00 per lineal foot of pipe up to and including six (6) inches in diameter, plus $0.10 per inch of nominal diameter per lineal foot over and above six (6) inches in diameter. This basic rate shall also apply to road and street crossings. (2) The rate for multiple lines on the same application for revo- cable easements is to be calculated at the basic rate times the number of lines. 15235 MICROF1111ED plc 9R1°pn (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. Sec. 49-62. Computing street crossing fee. (1) The fee for the first road or street crossing as defined above shall be $150.00 for pipe sizes up to six (6) sinches in diameter, then $15.00 per additional inch nominal diameter for sizes in excess of six (6) inches. (2) The second road or street crossing fee and all other than the first road crossing per application, except as herein expressly provided, shall be $150.00 per crossing up to six (6) inches in diameter than $15.00 per additional inch nominal diameter for sizes in excess of six (6) inches. Mul- tiple lines may be placed under the roadway with a one -fee crossing charge of Two Hundred Fifty ($250.00) Dollars (minimum) for all lines plus Fifteen ($15.00) Dollars per additional inch nominal diameter for sizes over six (6) 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 computed accordingly. Sec. 49-63. Determination of diameter. 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. Sec. 49-64. Applicability of basic rate. The basic rate shall also apply if an application is made to rework, revamp, wrap, or otherwise lower or replace existing lines under this ordin- ance 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 calcula- tion. Sec. 49-65. Easement - application. Applications to construct, lay, rework, revamp, wrap, or otherwise lower or replace existing lines shall be submitted to the Director of Engineering and Physical Development in a form prescribed by the Department of Engineering and Physical Development. Each application shall be accompan- ied 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 City owned improvements and utilities. The Director or his authorized representative shall review said application and plans, determine whether such planned lines and structures can be worked with- out injury, hazard, or impediment to existing lines and structures, or other proposed construction, and,,if so, 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 author- ized representative shall send notice to the applicant, at the applicant's address as shown on the application, of action taken and the total charge due. If the application is rejected, written reasons shall be given. Sec. 49-66. Same - granting. 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 revoca- tion on ninety (90) days' written notice by the City. Sec. 49-67. Same - denial. In the event the application is rejected or the applicant disagrees with the charge assessed by the Director of Engineering and Physical Develop- ment or his duly authorized representative, the applicant may appeal such rejection 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. SECTION 2. 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 a 0 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. That the foregoing ordinance s read for first time and assed to its second reading on this the day of sLmz�Gt, 19 1? , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance yds read for Fie second time and passed to its third reading on this the /1` day of/� ,�, 19 9' , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinan was rea for the third time and passed finally on this the .Z/ day of iti 19 9q , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 6fr /r PASSED AND APPROVED, this the / day of � pz,t�m/ „ 19 17 . ATTEST: `City7Secretary ' MAYOR HE APP OVED: DAY Ork7cauldkj, 191?: J. BRUCE AYCOCK, CITY ATTORNEY // 1 TY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, County of Nueces. }ss: PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public4his day personally came _E��1ma'Rodela—....... __,______-_..__., who being first duly sworn, according to law, says that he is the . ^Accountin! Clerk,_ of the Corpus Christii alter and The Corpus Christi Times, • Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of-. NOTICE OF PASSAGE OF ORDINANCE.NO.. 15235 AMENDING THE CODE OF ORDINANCES, CITY OF CORPGS..;.;, ' was published in _-_ Corpus Christi Caller -Times _ , of which the annexed is a true copy. ." 26th November 19 79 and once each XAlfi�ZiX on the._.•--_ day of • - _ consecutive. sc 1 Times. Elma Rodela i i.C'�-� � (`� .90 1 -- $_39 Accounting Clerk 29th dayof November 19 79 Subscribed and sworn to before me this 1 .Lois Winn Not Public, Nueces County, Texas ia N PASSAGE OFr . ORDINANCE NO 19739 AMENDING THE COOE ORDINANCES, CITY0 CORPUS CHRISTI, 1976 REV SIGN>AS AMENDED; 8AMENDING 1ARTI.CLE IVCHARGES FOR USEIOP R 10 H TS •O F•W_,!, Y. B•YAMENDING SECTIONS 49-60,49-61, 49-62, 49-63, 49-64, 49.63, Ck66 and 49-67 AS HEREINAFTER PROVIDED, TO PROVIDE FOR AN IN. CREASED FEE RATE OVE PREVIOUSLY ADOPTE RATES TO BE CHARGED PARTIES DESIRING TO UTI- LIZE THE PUBLIC RIGHT OF -WAY OF THE CITY FO THE PURPOSES OF CO STRUCTING, LAYING, MAINTAINING AND OPE ATING PIPELINES FO TRANSPORTATI NG. PETR LEUM PRODUCTS OR OTH- ER PIPELINE USES; PRO' VIDING FORSEVERABILITY. WAS PASSED AND APPROV5ED by the Clty Council of the City of Corpus Christi, Texas, uring the Regular Council Meeting held on the 21st day of, November, 1979 at 2:00 p.m'nd provides that it shall be iIryull force and effect from and, after Its passage and pub, hcation one time in the official publication of the City of Corpus Christi, Texas. ISSUED UNDER MY HAND AND SEAL otthe City of Cor- pus Christi, Teas, this the 23rd day of November, 1979. /s/Bill G. Read, City Secretary Ir C :Th' T (9 I •