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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 1 0 -4- 1 .._. i• ,s V G24 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