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Home My WebLink About022866 ORD - 03/04/1997AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 49, STREETS & SIDEWALKS, TO AUTHORIZE THE CITY MANAGER TO EXECUTE MONITORING AND RECOVERY WELL PERMIT AGREEMENTS; SETTING FEES FOR THE INSTALLATION OF MONITORING AND RECOVERY WELLS WITHIN CITY RIGHT -OF WAYS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That section 49-60 of Article IV, Charges For Use of Rights -of Way, of Chapter 49, Streets & Sidewalks, of the Code of Ordinances is revised to read as follows: Sec. 49-60. Establishment of policy; definition. The following shall herewith be an established policy to be used by the city from the date of adoption of this section, to establish and fix a fee to be charged users of the public right-of- way of the city for the privilege of placing pipelines 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 article, 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. This article also establishes_the policy to establish and fix a fee to be charged users of the .ublic ri•. t-.f-wa .f e it f.r e ..vil-'e •f .1, 's• mini .rin (Ai rec. • s w-.1 and associated pipping with the public rights -of wav of the ci y SECTION 2 That section 49-61 of Article IV, Charges For Use of Rights -of Way, of Chapter 49, Streets & Sidewalks, of the Code of Ordinances is revised to read as follows: Sec. 49-61. Computing street and right-of-way use fees. a, The following items shall be used in computing the street use fee: R60910A3.049 (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 shall be one dollar ($1.00) per lineal foot of pipe up to and including six (6) inches in diameter, plus ten cents ($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 revocable easements is to be calculated at the basic rate times the number of lines. 9 2 866 hllCRUFILMEir 2 (3) Rate charges shall not apply for vaults, manholes, valve boxes or similar appurtenances as such; however, lineal foot charges as prescribed in subsection (1) hereof shall be computed continuously through any such structure along a straight center line projected between the connection orifice(s) of a pipe in such structure. b. The following items shall be used in computing the right-of-w.y use fee. ( The basic rate for the installation of each monitoring or recovery well within the City's right-of-way shall be two hundred fifty dollars ($250 00) for a well that is twelve inches (12") or less in diameter and twenty feet (20') or less in depth. plus ten dollars ($10.001 i pernch of nominal diameter over and above twelve inches (12") in diameter and ten dollars ($10.00) of depth over twenty feet (20') in depth. This basic rate will allow the monitoring or recovery well to remain in place for up to two (2) years The basic rate shall be increased by one hundred dollars ($100 00) for each Additional year authorized in the permit agreement (2) The basic rate charged for use of any portion of the right-of-way that will be used for any pipelines associated with a recovery well shall be charged at the same rates as the_street use rate for pipelines (3) Rate charges shall not apply for_vaults. manholes. valve boxes or similar appurtenances as such: however. lineal foot charges prescribed in subsection (1) hereof shall be computed continuously through any such Structure along a straight center line projected between the connection orifice(s) of a pipe in such structure. SECTION 3. That section 49-65 of Article IV, Charges For Use of Rights -of Way, of Chapter 49, Streets & Sidewalks, of the Code of Ordinances is revised to read as follows: Sec. 49-65. Easement/Permit -- Application. Applications to construct, lay, rework, revamp, wrap or otherwise lower or replace existing lines or install monitoring or recovery wells 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 accompanied by nine (9) sets of plans showing the dimensions and locations of the pipelines and wells 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 or well, 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 without 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 article. Within fifteen (15) days after date of filing of said R60910A3.049 application and plans, the director or his duly authorized 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. SECTION 4. That section 49-66 of Article IV, Charges For Use of Rights -of Way, of Chapter 49, Streets & Sidewalks, of the Code of Ordinances is revised to read as follows: 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 Q monitoring/recovery well permit agreement 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. 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. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R60910A3.049 That the oregoing the 4j Day of Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels dinance was read for the first time and passed to its second reading on this 1997, by the following vote: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols That the foregoing ordinance was read for the second time and passed finally on this the 'Ttti Day of 111ajt (,h , 1997 by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels '/ PASSED AND APPROVED, this the `t14 Day of `frI¢t C%) , 1997. ATTEST: 114) Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols b I4 Armando Chapa, City ecretary Mayor The City of Corpus Christi APPROVED: £7?O DAY OF f-e6race r y , 1997: James R. Bray, Jr., City Attorney By: R. . y R: ning Assist. t City Attorney R60910A3.049 022866 4 1 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1184845 PO# Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio San Patrick), Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 022866 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 10TH day(s) of MARCH, 1996. ONE 1 Time(s) $42.68 ,‘ \AR,4 $‘.•.w+ PUBSp'. : +7t a • S • ..1.4 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 13TH day(s) of March, 1997. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.