HomeMy WebLinkAbout027159 ORD - 02/20/2007Page 1 of 3
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH MCIMETRO
ACCESS TRANSMISSION SERVICES LLC, ("OWNER"), FOR THE
RIGHT TO INSTALL, OPERATE, REPAIR, REPLACE, AND MAINTAIN
ONE 2" HDPE PVC CONDUIT WITH FIBER OPTIC CABLE,
APPROXIMATELY 2,738 -LINEAR FEET AND SEVEN PRIVATE MCI
MANHOLES WITHIN THE UPPER BROADWAY STREET, BLUCHER
STREET, AND CARANCAHUA STREET RIGHTS-OF-WAY, SOUTH OF
THE LEOPARD STREET RIGHT-OF-WAY; ESTABLISHING A FEE OF
$5,048.00; 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 MClmetro Access Transmission Services LLC, ("Owner"),
for the right to install, operate, repair, replace, and maintain one 2" HDPE PVC conduit
with fiber optic cable, approximately 2,738 -linear feet and seven private MClmetro
manholes within the Upper Broadway Street, Blucher Street, and Carancahua Street
rights-of-way, south of the Leopard Street right-of-way;
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 MClmetro Access Transmission Services LLC, ("Owner") pay the $5,048.00 UPA
fee for the fiber optic cable installation and seven private manholes within the
Upper Broadway Street, Blucher Street, and Carancahua Street rights-of-way.
2 Owner work at the proposed construction site only within the hours of 9:OOam to
3:30 pm, Monday thru Friday. and on weekends.
3 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.
4 Owner notify City Water Wastewater, Gas, and Storm Water Departments and
all private utility companies 48 hours prior to any construction work.
5 Owner obtain an Engineering Permit for any future maintenance or removal of
the private 2 -inch- HDPE conduit and fiber optic cable.
6 As -built construction plans to be submitted to the City upon completion of the
fiber optic cablenstallation. showing all conduits and fiber optic cable within city
rig hts-of-way.
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Owner agrees to comply with all the specified conditions and provisions as set
out in the Use Privilege Agreement.
SECTION 3. That upor writter request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
Immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 20th of February, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form February 15, 2007
By
•
/t L
a W. Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
eriry Garrett
Mayor
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Corpus Christi Texas
Day cf e-\11411
, 2007
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.
Council Members
Respectfully,
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
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