HomeMy WebLinkAbout026309 ORD - 06/21/2005
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH THE PORT OF
CORPUS CHRISTI (OWNER) FOR THE RIGHT TO INSTALL,
OPERATE, REPAIR, REPLACE, AND MAINTAIN ONE PRIVATE 1.25-
INCH HDPE CONDUIT WITH FIBER OPTIC CABLE ACROSS THE
SALT FLAT DRAINAGE OUTFALL RIGHT-OF-WAY FOR
APPROXIMATELY 90 FEET AND APPROXIMATELY 700 FEET NORTH
OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY; ESTABLISHING
A FEE OF $240.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with The Port of Corpus Christi (Owner) for the right to install,
operate, repair, replace and maintain one private 1.25 inch HDPE conduit with fiber
optic cable across the Salt Flat Drainage Outfall right-of-way for approximately 90 feet
and approximately 700 feet north of the Union Pacific Railroad R-O-W.
SECTION 2. That Owner will comply with the terms and conditions of the use privilege
agreement, a copy of which is on file with the City Secretary, and be subject to the
following conditions as part of the use privilege agreement:
1. Owner will pay the fair market value fee of $240.00 for this UPA.
2. Owner must directional bore across the drainage outfall right-of-way and will be
responsible for any damage to wastewater sewer lines and all other existing utilities
within the construction areas.
3. Owner must have an 8-foot minimum depth clearance measured from ditch flow
line across the entire 90-foot width of the Salt Flat Drainage Outfall right-of-way, when
installing the private conduit and fiber optic cable.
4. Owner must place and maintain permanent type line markers as close as
practical over the pipelines on either side of the drainage outfall right-of-way. Markers
must contain labeling identifying pipeline owner and a broad description of the product
transported in the pipeline.
5. Owner will comply with the required utility separation clearance as stated in
"Paragraph I" of the Use Privilege Agreement and maintain the minimum horizontal and
vertical utility separation requirements as required by TCEQ.
6. Owner must notify City Water, Wastewater, Gas, and Storm Water Departments
and all private utility companies 48 hours prior to any construction work.
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026309
7. An Engineering Permit will be required for any future maintenance or removal of
the private 1 Y-.-inch HOPE conduit and fiber optic cable.
8. As-built construction plans must be submitted to the City upon completion of the
fiber optic cable installation, showing all conduits and fiber optic cable within city rights-
of-way.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 21st day of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armand~
City Secretary
Henry
Mayor
Approved
,
J'J ..,-,<
.,
,2005
(\ '~
By: . t'L, I -..
Joseph H rney J
Assistant Ity Attorney
For City Attorney
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Corpus Christi, Texas
r915t day of W~ ,2005
TO THE MEMBERstlF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: IlWe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Council Members
The above ordinance was passed by the following vote:
Henry Garrett 91
Brent Chesney
Melody Cooper ~
Jerry Garcia
Bill Kelly
Rex A. Kinnison tJ:
John E. Marez al
Jesse Noyola Of
Mark Scott 1~
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