HomeMy WebLinkAbout19570 ORD - 12/16/1986AN ORDINANCE
PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND
USE OF A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY US
SPRINT - ACROSS, OVER AND UNDER THE PUBLIC RIGHTS-OF-WAY OF
UP RIVER ROAD, HEARN ROAD, AND SHARPSBURG ROAD OF THE CITY
OF CORPUS CHRISTI; PROVIDING FOR PUBLICATION; AND DECLARING
AN EMERGENCY.
WHEREAS, US Sprint Communications Company, hereafter referred to as
"US Sprint," desires use of certain public rights-of-way within the City of
Corpus Christi for the purposes set forth below pursuant to the provisions of
the laws of the State of Texas, and US sprint is willing to accept the license
hereby granted on a compromise basis without waiving any rights it may have
under Article 1416, V.A.C.S.; and
WHEREAS, .the City Council of the City of Corpus Christi has
determined, without waiving any rights it may have under Article 1422, V.A.C.S.,
that US Sprint is entitled to a license authorizing the use of the subject
public rights-of-way in accordance herewith for the installation and use of a
long distance telecommunication system; and
WHEREAS, the City Council of the City of Corpus Christi hereby finds
that the proposed use of the public streets and rights-of-way for such purpose
is in the public interest and that such license should be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. A license for the use of public streets and rights-of-way
of the City of Corpus Christi is granted to US Sprint and accepted by US Sprint
as noted above, subject to the following terms and conditions.
ARTICLE 1. PURPOSE:
That the City of Corpus Christi (hereinafter the "City") hereby grants
to US Sprint, and its successors and assigns, a license to acquire, erect,
construct, replace, reconstruct, maintain, use, and operate in, over, under,
along, and across Up River Road, Hearn Road, and Sharpsburg Road as shown in
Exhibit A (hereinafter the "public right-of-way") all necessary or desirable
wires, cables, underground conduits, manholes, or other structures or
r appurtenances (hereinafter the "facility" or facilities) in connection with a
long, distance telecommunications system or systems not including cable
television or local exchange telephone service that provides long distance
telecommunications service (hereinafter the "system"), subject to the provisions
of this ordinance. This ordinance is written to authorize a license for the
Q installation of a fiber-optic cable system in accordance with plans to be
submitted and approved by the City Engineer.
08P.196.01
ARTICLE 2. REGULATION OF CONSTRUCTION:
lss MICROFILMED
The work done by US Sprint in installing, construction, replacing,
reconstructing, maintaining, or repairing the system shall be subject
to and governed by all laws, rules, and regulations of the City and
State of Texas, that are applicable to insuring the work done does not
inconvenience the public in the use of the public right-of-way
including, but not limited to, the following:
A. Prior to installation or construction of any significant
changes to the system which would require excavation or for other such
disturbances of the right-of-way after the effective date of this
ordinance, US Sprint shall submit engineering plans to the City
Engineer for review and approval, pursuant to the standards generally
applicable to requests for licenses to use the public right-of-way.
Approval of such plans will not be unreasonably delayed, withheld or
denied by the City, but the City shall have the right to determine both
the location and depth (if underground) within the public right-of-way
where facilities may be placed.
B. All excavations and other construction in the streets
shall be so carried out as to interfere as little as practical with the
surface use of the streets and sidewalks and with the surface use of
private property, in accordance with any lawful and reasonable
direction given by or under the authority of the governing body of the
City under the police and regulatory powers of the City necessary to
provide for public convenience. US Sprint shall promptly restore all
public right-of-way excavated or disturbed by US Sprint to
substantially the same condition as before such excavation and to the
reasonable satisfaction of the City.
C. Except in an emergency, US Sprint shall not excavate or
disturb any pavement in any public right-of-way or significant amounts
of any unpaved public right-of-way without first securing the
permission of the City Engineer. Such permission shall not be
unreasonably delayed, withheld or denied if the proposed excavation or
disturbance is in accordance with the terms of this ordinance. The
city Engineer shall be notified as soon as practicable regarding work
performed under emergency conditions.
D. The City shall have the power at any time to order and
require US Sprint to remove or abate any facility that is recognized to
be dangerous to life or property, and in case US Sprint, after notice,
fails or refuses to comply, the City shall have the power to remove or
abate same at the expense of US Sprint, all without compensation or
liability for damages to US Sprint.
ARTICLE 3. WORK BY OTHERS:
The City reserves the right, subject to further conditions
described in this paragraph, to lay and permit to be laid, storm sewer,
sanitary sewer, gas, water, and other pipelines or cable or conduits,
and to do and permit to be done any underground and overhead
installation or improvement that may be deemed necessary or proper by
the governing body of the City in, across, along, over or under any
public right-of-way occupied by US Sprint, and to change any curb or
sidewalk or the grade of any street. In permitting such work to be
done, the City shall not be liable to US Sprint for any damage so
caused, nor shall the City be liable to US Sprint for any damages
arising out of the performance by the City or its contractors or
subcontractors, not willfully and unnecessarily occasioned; provided,
however, nothing herein shall relieve any other person or corporation
from liability for damage to the facilities of the system. If the City
requires US Sprint to relocate, alter, change, adjust, or conform its
facilities because of changes in the grade of a street or in the
location or manner of constructing a water pipe, sewer pipe, or other
underground or aboveground structure owned by the City, US Sprint shall
make the required alterations or changes as soon as practicable when
ordered in writing by the City Engineer without claim for reimbursement
or damages against the City. If these requirements impose a financial
hardship upon US Sprint, US Sprint shall have the right to present
alternative proposals for the City's consideration. If the City
requires US sprint to remove, alter, change, adapt or conform its
facilities to enable any other corporation or person, except the City,
to use, or to use with greater convenience, any public right-of-way, US
Sprint shall not be required to make any such changes until such other
corporation or person shall have undertaken with solvent bond to
reimburse US Sprint for any loss and expense which will be caused by or
arise out of such removal, alteration, change, adaptation or
conformance of US Sprint facilities; provide, however, the City shall
never be liable for such reimbursement.
ARTICLE 4. CONSTRUCTION BY ABUTTING OWNERS:
In the event that the governing body of the City authorizes
abutting landowners to occupy space under the surface of any public
right-of-way after the date of this license, such grant to abutting
landowners shall be subject to the rights of US Sprint described in
this ordinance.
ARTICLE 5. RIGHTS IN THE EVENT OF ABANDONMENT:
In the event that the governing body of the City closes or
abandons any public right-of-way which contains any existing facilities
of US Sprint, any conveyance of land contained in such closed or
abandoned street, alley, highway or public place shall be subject to
the rights of US Sprint described in this ordinance. If such street
closure is initiated by the City for a public improvement project, as
described in Article 3, City shall have the right under Article 3
hereof to require US Sprint to relocate its facilities at no expense to
the City. In the event that any portion of the public right-of-way that
includes facilities of the system becomes the subject of condemnation
proceedings, it is agreed that US Sprint property rights and interest
in such public right-of-way shall be severed from the City's interest
in such proceedings and any such condemnation awards shall be
specifically allocated between US Sprint
interest and the City's interest. The City shall make a diligent
effort to notify US Sprint within a reasonable time of any condemnation
action (or threatened action) filed against the public right-of-way
that affects any facility of the system, or any proposed sale in lieu
of condemnation.
ARTICLE 6. INDEMNITY:
US Sprint shall indemnify and save and hold harmless the City and
all of its officers, agents, and employees from all suits, actions, or
claims of any character, style, and description, brought for or on
account of any injuries or damages received or sustained by any person
or any property occasioned by, or arising out of, the erection,
construction, replacement, reconstruction, maintenance, or repair of
the system in the City; and US Sprint will be required to pay any
judgment with costs, which may be obtained against the City arising out
of such injury or damage.
ARTICLE 7. RECORDS:
The City Manager of the City of Corpus Christi and his Director of
Public Utilities shall have the right to be kept fully informed as to
matters pertaining in any way to US Sprint exercise of its rights under
this ordinance including the installation, construction, replacement,
reconstruction, maintenance, and repair of the facilities of its system
in Corpus Christi. US Sprint shall keep complete and accurate maps,
construction drawings and specifications describing the location of
facilities of its system in Corpus Christi. Maps, construction
drawings and specifications kept by US Sprint in accordance with this
ordinance shall provide for separate and specific identification of
those facilities of the system that are located in the public
right-of-way. Any and all maps, construction drawings, and
specifications required by this ordinance shall be kept and maintained
by US Sprint. The City shall have the right, at reasonable times and
for reasonable purposes, to inspect such maps, construction drawings
and specifications. US Sprint shall fully cooperate in making
available its maps, construction drawings, and specifications for
inspection.
ARTICLE 8. NOTICE:
Any notice or communication required in the administration of this
ordinance shall be sent as follows:
General Counsel
US Sprint Communications Company
P.O. Box 11315
Kansas City, MO 69112
Director of Public Utilities
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469
with copy to:
City Engineer
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469
ARTICLE 9. $300.00
This fee represents the lease value of the public right-of-way one
foot in width to be used by US Sprint for the construction of new
facilities. Any use of public right-of-way other than that in
connection with the construction of facilities described in plans to be
provided by US Sprint to the City is not authorized by this ordinance.
The fee payment shall be exclusive of and in addition to all general
municipal taxes of whatever nature, including but not limited to ad
valorem taxes and special taxes and assessments for public improvements
except as hereinafter provided.
B. The fee shall be paid to the City of Corpus Christi within
thirty days after the effective date of this ordinance. The fee is
payable to "City of Corpus Christi" and shall be delivered to the City
Director of Public Utilities.
c. The fee established in Article 9A hereof shall not be affected
by any relocation of US Sprint facilities required by the City pursuant
to Article 3 of this ordinance.
ARTICLE 10. ASSIGNMENT:
The rights granted by this ordinance inure to the benefit of US
Sprint, and any parent, subsidiary, affiliate or successor entity now
or hereafter existing. The rights shall not be assignable without the
express written consent of the governing body of the City of Corpus
Christi, except US Sprint may assign its rights under this ordinance to
a parent, subsidiary, affiliate or successor entity without such
consent, so long as (i) such parent, subsidiary, affiliate or successor
assumes all obligations of US Sprint hereunder, and (ii) is bound to
the same extent as US Sprint hereunder. Any required consent is to be
evidenced by an ordinance or resolution of the governing body of the
city that fully recites the terms and conditions, if any, upon which
consent is given.
ARTICLE 11. LEASING OR DEDICATION OF FACILITIES:
US Sprint, without the consent of the City, shall not sublease any
of the public right-of-way it uses in connection with its system to any
non -US Sprint company; provided that US Sprint shall have the right to
lease or dedicate its system or any portion thereof, or otherwise make
available facilities of the system to other companies in the ordinary
conduct of its business as a long distance telecommunications company,
so long as US Sprint retains responsibility for servicing and repairing
the facilities of its system. Notwithstanding the foregoing, US Sprint
will not lease any conduit space in the system to any non -US Sprint
company for the placement of any additional cable without the written
consent of the City.
ARTICLE 12. MISCELLANEOUS:
The Director of Public Utilities is the principal City official
responsible for the administration of this ordinance and US Sprint
recognizes that questions regarding the interpretation or application
of this ordinance shall be raised initially with said Director of
Public Utilities.
Article 13. EFFECTIVE DATE:
This ordinance shall take effect immediately from and after its
passage, acceptance by US Sprint, and publications, and it is
accordingly so ordained.
SECTION 2. Publication shall be made one time in the official
publication of the City of Corpus Christi by publishing the caption
stating in substance the purpose of the ordinance, this ordinance to
become effective upon acceptance by US Sprint.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the
need of executing the above mentioned contract at the earliest
practicable date, such finding of an emergency is made and declared
requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings so that this
ordinance is passed and shjill take e ect pon first reading as an
emergency measure this theigm day of,i_ ,�, 1986.
ATTEST:
iy Secretary
APPROVED:
a DAY OF pec,.�.%{,1986
HAL GEORGE, CITY ATTORNEY
By:
istant City Attorney
By:
Mayo
City of Corpus Christi, Texas
ACCEPTED this2 ' day of ger°"fitt-
US SP TN 1T CO1/ I(CAT!�J ONS COMPANY
By: ( A)J. /`r/ (,C/j�h'
Typed Name: David Wood Kinnard
Title: Director, Network Route Development
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Corpus Christi, T;xas
/0 day of
, 1984.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYO
Council Members
THE CITY
F CORPUS CHRISTI, TEXAS
The above ordinance was passe; by the following vote:
Luther Jones ///
Dr. Jack Best /'
David Berlanga, Sr.
4,/
Leo Guerrero
Joe McComb Jr
%
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19570
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss: AD# 74289
County of Nueces. 1 CITY OF C .0 . /CITY SECRETARY
Before me, the undersigned, a Notary Public, this day personally came.
MURIEL LA RUE
�., who being first duly sworn, according to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi Times,
SENIOR ACCOUNTING CLERK
Daily Newspapers published at Corpus Christi, Texas,• in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDIANCE NO. 19570 PERMITTING AND REGULATING THE
of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING C,OQjPANL
on the22nd day of DE F 1BJ — . 19 8.6., and once each day_ thereafter for "la,-
consecutive
a,consecutive day
..... _...Tim es.
$- 32.20
MURIEL LA RUE
Subscribed and sworn to before me this 8th .._.dam of ZATiIIA.R.Y
ct 9- C�
otaryOPublic, Nueces County. Texas
EUGENIA S. CORTEZ 6-30-89
` NOTICE RD PASSAGE ul````yq����
• IN NCEINO Ja�
ORDINANCE NO 19570 �
PERMITTING AND REGULAT- CIt
ING THE CONSTRUCTION, Bd
MAINTENANCE AND USE OF 101
d LONG DISTANCE TELECOM- vl
p MUNICATIONS SYSTEM BV fill
- U S SPRINT - ACROSS, S(
OVER AND UNDER THE PUB- 01
LIC RIGHTS-OF-WAY OF UP pi
RIVER ROAD, HEARN ROAD,
AND SHARPSBURG ROAD OF el
THE CITY OF CORPUS CHRIS- C
TI; PROVIDING FOR A
PUBLICATION; AND DECLAR- p
ING AND EMERGENCY. t
Was passed and approved 1
by the City Council of the City f
of Corpus Christi, Texas on 1
the 16th day of December. I
1986. The full text of said
ordinance is available to the
public in the Office of the City
1
Secretary.
! /s/ Armando Chapa
City Secretary
City of Corpus Christi
NOTICE.OF P.UBUC
.11,!11991- v11201
C scaElkRYs —/
OFFICE Fti