HomeMy WebLinkAbout026695 ORD - 03/21/2006AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH ALPHEUS
COMMUNICATIONS FOR THE RIGHT TO INSTALL, OPERATE,
REPAIR, REPLACE, AND MAINTAIN APPROXIMATELY 39- LINEAR
FEET OF A PRIVATE 4 -INCH HDPE CONDUIT WITH FIBER OPTIC
CABLE WITHIN THE NORTHERN PORTION OF THE LEOPARD
STREET AND N. CARANCAHUA STREET INTERSECTION;
ESTABLISHING A FEE OF $608.50; 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 Alpheus Communications for the right to install, operate,
repair, replace, and maintain approximately 39- linear feet of a private 4 -inch HDPE
conduit with fiber optic cable within the northern portion of the Leopard Street and N.
Carancahua Street intersection.
SECTION 2. That Alpheus Communications 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 Alpheus Communications ( "Owner ") pay the $608.50 UPA fee for the fiber optic
cable installation within the Leopard Street and N. Carancahua Street rights -of-
way.
Owner work at the proposed construction site only within the hours of 9:30 a.m.
to 4:30 p.m., Monday through Friday, and on weekends.
Owner 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.
Owner notify City Water, Wastewater, Gas, and Storm Water Departments and
all private utility companies 48 hours prior to any construction work.
Owner obtain an Engineering Permit for any future maintenance or removal of
the private 4 -inch HDPE conduit and fiber optic cable.
As -built construction plans to 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
Owner agrees to comply with all the specified conditions and provisions as set
out in the Use Privilege Agreement.
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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 ar emergency measure this the 21st day of March 2006.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved March 16. 2006
By: t ,_ ;: 2�:� i0,-
Gary W. Smith
Assistant City Attorney
For City Attorney
�P1 /L L A„
enry Garrett
Mayor
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Corpus Christi, Texas
__ 1 _day of
, 2006
TO THE MEMBERS OF 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: I/We, 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,
enry Garr
City of Cor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett.
Brent Chesney
John Marez
Jerry Garcia
William Kelley
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
Mayor
s Christi
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