HomeMy WebLinkAbout030040 ORD - 12/17/2013Ordinance amending Chapter 49 of the Code of Ordinances
titled "Streets and Sidewalks" in order to provide
requirements and prohibitions related to street cuts.
SECTION 1. Article III, "Cuts and Excavations," under Chapter 49 of the Corpus Christi
Code of Ordinances, is amended by deleting Sections 49-50 through 49-59 and adding
the following new sections, beginning with a new Section 49-39-1 and ending with the
new Section 49-59:
Article III. Cuts and Excavations.
Sec. 49-39-1. Applicability; Conflicts
Sec. 49-39-2. Definitions
Sec. 49-39-3. Application
Sec. 49-39-4. Drawings to accompany application; exceptions
Sec. 49-40. In General
(a) Prohibited activities
(b) Provisions cumulative
(c) Penalty
(d) No private rights in public way
(e) Appeals; hearing
(f) Public entities not exempt
(g) Rules and regulations
Sec. 49-41.Permit required; issuance of permit; denial of p rimiit
(a) Permit required
(b) Issuance of permit
(c) Denial of permit
(d) Permit not transferable; void if excavation not timely commenced.
(e) Record at excavation site; public notice
Sec. 49-42. Fees
Sec. 49-43. Removal or relocation of facilities
Sec. 49-44. Applicability of article to emergencies
Sec. 49-45. Work warranty.
Sec. 49-46. Owner business plans; coordination of excavations
Sec. 49-47. Newly constructed or reconstructed streets
Sec. 49-48. Defaults; unauthorized excavations
Sec. 49-49. Liability of right of way user; insurance
Sec. 49-50. Extensions
Sec. 49-51. Access to fire hydrants; crossings; traffic control devices.
Sec. 49-52. Steel plate temporary surfaces.
Sec. 49-53. Completion of excavation; warranty.
Sec. 49-54 Warranty of excavation; correction of defects.
Sec. 49-55 Work requirements.
Sec. 49-56. Inspections of excavations.
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034040
INDEXED
Sec.. 4 .57. Damage t facility.
Sec. 49 -58. As -built dra'IGongs and specifications,.
Sec. 49 -59. eserved.
Sec. 49 -39 -1. Applicability .f fees; Conflicts
Nothing in this Article authorizes the City to charge any fee in conflict with state
law, franchise agreements authorized by the City Council, Article VII of Chapter 49 of
this Code, or Ordinance No. 026217, as amended.
Sec. 49-39-2. Definitions
As used in this Article, the following terms shall have the meanings ascribed in this
Article, unless the context of their usage clearly indicates another meaning:
Abandoned facilities means facilities no longer in service or physically
disconnected from the operating facilities, or from any other facilities that are in use or
that still carry service.
Administrative fee means the fee charged by the City to recover its costs incurred
for right-of-way management; including, but not limited to, costs associated with
registering applicants; issuing, processing, and verifying right -of -way permit
applications; inspecting job sites and restoration improvements; determining the
adequacy of right -of -way restoration; revoking right -of -way permits and other costs the
City may incur in implementing the provisions of this Article.
Applicant means any person who seeks a permit for an excavation.
Area of influence means that area around a utility excavation where the pavement
and subgrade is impacted by the excavation and is subject to more rapid deterioration
due to the trench excavation.
Backfill means excavation fill material meeting City specified quality requirements
or the placement thereof.
Certificated telecommunications provider or CTP means a person who has been
issued a certificate of convenience and necessity, certificate of operating authority, or
service provider certificate of operating authority by the Texas Public utility
Commission or "PUC" to offer local exchange telephone service as defined by Chapter
283 of the Local Government Code or "the Act."
City means the City of Corpus Christi.
Construction .standards means the City of Corpus Christi Standard Specifications
and Details as they may be amended from time to time by the Department of
Engineering Services and approved by the City Engineer.
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Contractor means any public or private person or organization, other than the City.
Department means the Department of Development Services.
Director means the Director of the Development Services Department, or his or her
designee.
Emergency means an unforeseeable event or occurrence that endangers health,
life, or property, or a situation in which public need for uninterrupted utility service
requires immediate corrective action to restore services.
Emergency operations are defined as those operations and repairs necessary to
prevent damage or injury to the health or safety of the public or any person and the
work necessary to address a service interruption and requires written notice to Council
when the contractual repair value exceeds $50,000 or otherwise written notice to the
Director within 24 hours to ensure compliance with this Article of the Code. Upgrading
of facilities, new service installation and neighborhood improvement projects are not
emergency operations.
Excavation means an activity that cuts, penetrates, or bores under any portion of
the public way that has been improved with a paved surface for street, sidewalk,
surface drainage, or related public transportation infrastructure purposes. The term
includes but is not limited to cutting, tunneling, jacking and boring, backfilling,
restoring, repairing, and installing and maintaining a temporary surface in, the public
way. The term does not include a transportation improvement; however, it does
include excavations that are undertaken for the improvement or maintenance of
publicly owned utility systems, such as water and wastewater lines and facilities. The
term also does not include utility maintenance or other activities that are performed
within already existing structures, vaults, conduits, or cable ways that are located
underneath street improvements, provided that any access required for the work is
obtained through manholes, or other previously constructed entrances that may be
utilized without cutting or penetrating any pavement or other street improvement.
Facility means any structure, device, or other thing whatsoever that may be
installed or maintained in, on, within, under, over, or above a public way by an
excavation.
FCC means Federal Communications Commission.
Governing body means the mayor and the City Council of the City of Corpus
Christi, Texas.
Governmental entity means any county, township, city, town, village, school
district, library district, road district, drainage or levee district, wastewater district, water
district, fire district or other municipal corporation, quasi - municipal corporation or
political subdivision of the State of Texas or of any other state of the United States and
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any agency or instrumentality of the State of Texas or of any other state of the United
States or of the United States.
inspection means the inspection of an excavation by any person approved by the
Director to determine compliance with this Article.
New street means the paved portion of the right-of-way that has been constructed,
reconstructed, or resurfaced with an asphalt overlay, hot in place recycling, full -depth
reclamation, reconstruction or other structural street maintenance treatment. "New
street" includes all concrete paved streets, streets constructed or structurally
resurfaced during the preceding seven years, for a collector or arterial street or during
the preceding five (5) years for a residential street or alley or any street with a
pavement condition index greater than eighty -five (85) as defined herein.
Owner means a person, including the City, who is the owner or will, following the
completion of the installation, become the owner of any facility that is installed or is
proposed to be installed or maintained in the public way.
Pavement condition index (PC!) means a measure of the condition of the right -of-
way on a scale of 1 -100. The PCI for a specific street segment can be requested
through the Department.
Pavement cost recovery fee means the cost incurred by the City and the public
associated with a decrease in the useful life of a street caused by excavations.
Permit means a permit issued under this Article authorizing excavation in the right-
of-way.
Permittee means any person or right-of-way user to whom a permit is issued to
excavate a right -of -way.
Person means any person, company, partnership, agency or other public or private
entity, including City Departments
Public way means any public street right -of -way located in the City, including the
entire area between the boundary lines of every way (including but not limited to roads,
streets, alleys, highways, boulevards, bridges, tunnels, or similar thoroughfares),
whether acquired by purchase, grant, or dedication and acceptance by the City or by
the public, that has been opened to the use of the public for purposes of vehicular
travel.
Public way construction entity means the City of Corpus Christi, the Regional
Transit Authority, the Texas Department of Transportation, Nueces County, or any
other public entity performing or causing to be performed transportation improvement
construction or construction - related activities in public ways.
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Repair means the temporary or permanent construction work necessary to make
the right -of -way useable.
Repair area means that area around an excavation where the pavement and
subgrade is impacted by an excavation.
Restoration means the process by which an excavated right -of -way and
surrounding area, including pavement and foundation, is returned to the same
condition, or better, than existed before the commencement of the work.
Resurfacing means any repaving, overlay, seal or reconstruction which creates a
new pavement surface over the entire width of the street, excluding crack seals and
localized base and pavement repairs.
Right -of -way or public right-of-way means the surface of, and the space above and
below, any street, road, highway, freeway, lane, path, drainage way, channel, fee
interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other
easement now or hereafter held by the City or over which the City exercises any rights
of management or control and shall include but not be limited to all easements now
held, or hereafter held, by the City but shall specifically exclude private property.
Right -of -way (ROW) user means a person, its successors and assigns, that uses
the right -of -way for purposes of work, excavation, provision of services, or to install,
construct, maintain, repair facilities thereon, including, but not limited to, landowners
and service providers.
Routine service operation means a work activity that makes no material change to
the facilities and does not disrupt traffic.
Service means a commodity provided to a person by means of a delivery system
that is comprised of facilities located or to be located in the right of way, including, but
not limited to, gas, telephone, cable television, internet services, open video systems,
alarm systems, steam, electric, water, telegraph, data transmission, petroleum
pipelines, or sanitary sewage.
Standard Specifications and Details (Specifications) shall mean the City of Corpus
Christi Standard Specifications and Details as published by the Engineering Services
Department, latest edition.
Street means the pavement, curb and gutter and sub -grade of a city local, collector
or arterial roadway.
Supplementary application means an application made to excavate or obstruct
more of the right -of -way than allowed in, or to extend a permit that has already been
issued.
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TMUTCD shall mean Texas Manual on Uniform Traffic Control Devices, latest
edition.
Traffic - control device means a traffic sign, signal, or marking that is placed and
maintained in accordance with state law and this Code.
Transportation improvement means the portion of work within the finished paved
surface of a public way undertaken by or pursuant to contract for the state or a political
subdivision of the state for the purpose of improving or maintaining public way
transportation and related storm drainage and street lighting infrastructure, but does
not include any activity, such as connection to other facilities, that cuts, penetrates, or
bores under a public way other than the one being improved or maintained pursuant to
the contract or that cuts, penetrates or bores under the public way after installation of
new paving.
UDC shall mean Unified Development Code.
Utility shall mean any privately or publicly owned entity which uses public rights -of-
way to furnish to the public any general public service, including, without limitation,
wastewater, gas, electricity, water, telephone, petroleum products, telegraph, heat,
steam or chilled water, together with the equipment, structures, and appurtenances
belonging to such entity and located within and near the right -of -way.
White lining means marking the excavation site with white washable marking paint
or flags prior to requesting a utility locate in order to further identify the site.
ec. 49-39-3. Application.
(a)
A permit for any excavation shall be obtained by the owner of the facility. If
the owner of a facility will not be making the excavation with its own
personnel, then the contractor retained to perform the work shall join with
the owner as an applicant in obtaining the permit. Where two or more
related excavations are being performed as part of the same project, the
application and permit may cover the related work, consistent with the
Regulations issued under Section 49 -40(g) of this Code.
(b) Applications for permits shall be in the form prescribed by the Director, who
may provide for the filing and processing of applications by electronic
means. Each application shall be submitted to the Director, shall be signed
and sworn to before an officer authorized to administer oaths by each
applicant and shall include the following:
(1) The name, assumed name, or business name, business type
(corporation partnership, individual /sole proprietor or other) of each
applicant;
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(2) Each applicant's mailing address (and street address if different),
telephone number, facsimile number, and e-mail address;
(3) The location (including key map number), depth, length, and width
of each excavation to be made in each block and/or intersection,
which may alternatively be set forth on the provided drawings and
specifications;
(4) The purpose of the excavation, including a description of the
facilities to be installed, maintained, and /or repaired;
(5) The method of excavation;
(6) The proposed excavation start date and duration;
(7) A statement that each person executing the application is fully
authorized to act on behalf of and bind his principal in executing
and filing the application;
(8)
A statement that each applicant accepts and obligates itself to the
following release and indemnification provisions:
'RELEASE
PERMITTEE AGREES TO AND SHALL RELEASE THE CITY,
ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL
REPRESENTATIVES (COLLECTIVELY THE "CITY ") FROM
ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS
TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE
UNDER THE PERMIT, EVEN IF THE INJURY, DEATH,
DAMAGE, OR LOSS IS CAUSED BY THE CITY'S ACTUAL OR
ALLEGED JOINT OR CONCURRENT NEGLIGENCE AND /OR
THE CITY'S STRICT PRODUCTS LIABILITY OR STRICT
STATUTORY LIABILITY.
INDEMNIFICATION
PERMITTEE AGREES TO AND SHALL DEFEND,
INDEMNIFY, AND HOLD THE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES
(COLLECTIVELY THE "CITY ") HARMLESS FOR ALL CLAIMS,
CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,
COURT COSTS, AND ALL OTHER DEFENSE COSTS AND
INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO
PERSONS OR PROPERTY SUSTAINED IN CONNECTION
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WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
PERMIT, INCLUDING, WITHOUT LIMITATION, THOSE
CAUSED BY:
(i) PERMITTEE'S AND /OR ITS AGENTS',
EMPLOYEES', OFFICERS', DIRECTORS',
PRINCIPALS', OR SUBCONTRACTORS OF
PERMITTEES' (COLLECTIVELY IN NUMBERED
PARAGRAPHS (i)— (iii), "PERMITTEE ") ACTUAL
OR ALLEGED NEGLIGENCE OR INTENTIONAL
ACTS OR OMISSIONS;
(ii) THE CITY'S AND PERMITTEE'S ACTUAL OR
ALLEGED CONCURRENT NEGLIGENCE,
WHETHER PERMITTEE IS IMMUNE FROM
LIABILITY OR NOT; AND
(iii) THE CITY'S AND PERMITTEE'S ACTUAL OR
ALLEGED STRICT PRODUCTS LIABILITY OR
STRICT STATUTORY LIABILITY, WHETHER
PERMITTEE IS IMMUNE FROM LIABILITY OR
NOT.
PERMITTEE SHALL DEFEND, INDEMNIFY, AND
HOLD THE CITY HARMLESS DURING THE TERM
OF THE PERMIT AND FOR FOUR YEARS AFTER
THE PERMIT TERMINATES.
WHERE APPLICABLE, THE PROVISIONS OF
SECTION 283.057 OF THE TEXAS LOCAL
GOVERNMENT CODE SHALL CONTROL IN LIEU
OF THE FOREGOING; ADDITIONALLY, TO THE
EXTENT THAT THE APPLICANT HOLDS A
CURRENT AND VALID UTILITY FRANCHISE
FROM THE CITY, THE RELEASE AND
INDEMNIFICATION PROVISIONS OF THE
FRANCHISE SHALL CONTROL IN LIEU OF THE
FOREGOING.'
(9) The name of the owner of the facility;
(10) The 24 -hour telephone number at which each applicant's
representative who will respond to emergencies may be contacted;
(11) The name, mailing address, telephone number, facsimile number,
and e-mail address of a person who is authorized to receive all
notices authorized to be given by the City under this Article to each
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applicant;
(12) Confirmation that all materials necessary for construction will be on
hand and ready for use so as not to delay the excavation;
(13) A transmittal number issued by the Texas One Call Notification
Center (811) evidencing that the applicant has complied with the
Texas Underground Facility Damage Prevention and Safety Act or
an assurance that the transmittal number will be provided to the
Director before the excavation commences;
(14) Evidence of insurance as required in Section 49-49 of this Code;
(15) Drawings and specifications, as provided in Section 49 -39-3 of this
Code;
(16) The work warranty as required by Section 49-45 of this Code; and
(17) The nonrefundable application fee established pursuant to this
Article.
If the Director provides for the filing of applications by electronic means,
each application for a permit or permit extension not submitted by electronic
means shall also be accompanied by an additional application fee established
pursuant to this Article for the cost of data entry.
(c) An application for a permit for an excavation performed pursuant to Section
49-44 of this Code shall, in addition to the items required above, also
include a written statement:
(1) Explaining the basis for the emergency actions;
(2) Describing the excavation being performed;
(3) Describing any work remaining to be performed in the public way;
and
(4) Stating the time and date when the emergency occurred.
Sec. 49 -39-4. Drawings to accompany application; exceptions.
(a) Unless otherwise provided in the Rules and Regulations promulgated
under - Section 49 -40(g) of this Code, each application shall be
accompanied by drawings and specifications, which shall show:
(1) The location of the excavation;
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(2) The method and manner in which the excavation will be performed;
and
(3) The methods by which vehicular and pedestrian traffic will be
controlled during the prosecution of the excavation, including any
proposed signage, use of flaggers, or use of peace officers to direct
traffic. The drawings and specifications shall be prepared in
compliance with all applicable laws, rules, regulations, and
construction standards. The Director may approve standard details
for frequently encountered types of excavations, and the approved
details may be incorporated into drawings and specifications, where
applicable.
(b) Consistent with applicable laws, sound engineering practices, and the
nature and extent of the excavation, the Director may require the drawings
and specifications to be sealed by a professional engineer who is licensed
in Texas.
(c)
An emergency excavation may be commenced under Section 49-44 of this
Code without submission of drawings and specifications. Consistent with
the nature of the emergency and the excavation required, the Director shall
allow the applicant a reasonable period of time to produce any required
drawings and specifications.
Sec. 49 -40. In General
(a) Prohibited activities.
(1) It shall be unlawful for any person to excavate or cause an excavation
within the City unless the person is a Permittee to whom a permit has
been issued for the excavation pursuant to this Article.
(2) It shall be unlawful for a Permittee to excavate or cause an excavation
within the City in violation of any term of a permit issued pursuant to this
Article.
(3) It shall be unlawful for any Permittee to fail to exhibit a permit upon
request as required by Section 49 -41(e) of this Code. In any prosecution
under this Article, it shall be presumed that there is no permit if the permit
is not properly exhibited.
(4) It shall be unlawful for any Permittee to fail to restore the public way
following excavation as required by this Article.
(5) It is an affirmative defense to prosecution under subsections (b)(1)
and (b)(3) above that the excavation was begun in response to an
emergency and that a permit was timely applied for in compliance with
Section 49-44 of this Code.
(b) Provisions cumulative.
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(1) The provisions of this Article are cumulative of all other requirements
of this Code and other laws, including, without limitation, the UDC, and
utility franchises, as well as all applicable state and federal laws and
regulations. Compliance with this Article does not excuse compliance with
any other law, and Permittees are additionally required to obtain any
other permits, licenses, and authorizations required by law, including but
not limited to utility franchises, permits, licenses, and authorizations that
are required to be obtained from the City, the Texas Department of
Licensing and Regulation, the Texas Public Utility Commission, Texas
Underground Facility Notification Corporation (One -Call Board of Texas),
and the Railroad Commission of Texas or any other appropriate
governmental agency. However, to the extent that any provision set forth
in this Article may not be imposed upon any person because its
imposition would be inconsistent with a controlling state or federal law,
then this Article shall be construed and applied in a manner that conforms
to the applicable state or federal law. In addition, this Article shall not be
construed to require an owner to pay any fee that is prohibited by
applicable state or federal law or valid city utility franchise.
(2) To the extent that any other city permit or authorization is required for
work that is also governed by this Article, the Director shall, to the extent
practicable, devise consolidated application forms and issue the required
permits or authorizations on a combined basis.
(c) (Penalty.
Violation of this Article is unlawful. Any person who violates any
provision of this Article shall be guilty of an offense and, upon conviction
thereof, shall be punished as provided in Section 1 -6 of this Code. Each
and every day that any violation continues shall constitute a separate
offense and shall be punishable as such.
(d) No private rights in public way.
Nothing in this Article shall be construed to give any person or
Permittee any property right in or to the use of the public way. All permits
issued and held under this Article shall be subject to the superior right of
the public to control the use of the public way and ensure the safe and
orderly movement of traffic, and a separate permit shall be required under
this Code where applicable to any work that causes an obstruction.
(e) Appeals; hearing.
Any person whose permit is denied or who is otherwise aggrieved
by a notice, action, or decision of the Director hereunder shall, upon
written request, be entitled to a hearing to be conducted in accordance
with the UDC. The decision of the hearing officer shall be final. Where
time is of the essence, the aggrieved person may so advise and state the
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reason therefor in the request and, to the extent reasonably warranted
and allowed by the circumstances, an expedited hearing of the issue shall
be afforded.
(f) Public entities not exempt.
In addition to their application to other persons, the provisions of
this Article are applicable to excavations made by the City and its
contractors, as well as to excavations made by or on behalf of other
governmental entities and subdivisions, to the extent of the City's police
power jurisdiction. In connection with excavations made by the City, the
Director may waive compliance with insurance and other requirements
that have no practical application as applied to the City.
(g) Rules and Regulations.
(1) The Director in association with the City Engineer is authorized to
promulgate Rules and Regulations regarding any aspect of the operation
of this Article, including without limitation requirements for drawings and
specifications, methods by which excavations will be performed, traffic
control procedures, application processing and hearing procedures,
debarment procedures, construction management procedures, and
inspection procedures. The Rules and Regulations must be consistent
with applicable federal and state laws, city ordinances, and sound
engineering practices. The Director shall make copies of the Rules and
Regulations available for inspection in the Director's office, and copies
may be purchased at the fees prescribed by law.
(2) Notifications to the One -Call Notification Center (811) must be made
prior to commencing an excavation and must be consistent with Title 16,
Texas Administrative Code, Chapter 18 Underground Pipeline Damage
Prevention. The one -call notification should be requested no earlier than
five (5) working days prior to the start of the excavation, but no later than
two (2) workings days before the excavation is to begin.
Sec. 49-41. — Permit required; issuance of pe it; denial of permit.
(a) Permit required.
(1) Before issuing a permit, the Director shall have been provided a written
application, on a form furnished by the Director, setting forth the name
and residence or business address of the applicant; the location and
approximate area of the excavation, including its approximate length and
width, and, if the excavation is in a street, whether it is parallel or
transverse to the direction of the travel lanes; and, the purpose of the
excavation. The application form shall include plans prepared in
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accordance with City's Standards, Specifications, and Details as well as
any other documentation required by the Department as part of their
review process.
a. The Director shall work with the Public Works and Utility
Departments to develop a streamlined form for their use under this
Article.
b. Joint applications. Applicants may apply jointly for permits to
excavate the right -of -way at the same time and place. Applicants
who apply jointly for a right-of-way permit may share in the
payment of the permit fee. Applicants must agree among
themselves as to the portion each shall pay. The City will recognize
only one (1) point of contact.
c. Supplementary applications. A permit shall only be valid for the
area of the right-of-way specified within the permit. No Permittee
may cause any work to be done outside the area specified in the
permit, except as provided herein. Any Permittee who determines
that an area greater than that which is specified in the permit must
be excavated must:
i. Make application for a permit extension and pay any
additional fees required thereby; and
ii. Receive a new right-of-way permit or permit extension.
(2) Permits will be issued or denied within ten (10) days of application.
Unless granted for a longer period, an excavation permit shall be valid for
thirty (30) days and for the dates specified in the permit. The applicant
may request the permit be valid for such longer period as may be
necessary in the circumstances, in advance, as part of the application.
The City may approve or deny the application for such extended permit
period. No Permittee may commence work before the permit start date
or, except as provided herein, may continue working after the end date. If
a Permittee does not complete the work by the permit end date, the
Permittee must apply for and may receive a new right -of -way permit or a
permit extension for additional time. This supplementary application must
be submitted to the City prior to the permit end date.
(3) An expedited permit may be requested, and shall be issued within two
(2) days of application upon a showing of good cause.
(4) At the time the permit is issued, the applicant shall pay a nonrefundable
application fee in an amount as provided for in this Article.
(5) All sums paid to the City pursuant to this Article, shall be deposited in a
separate fund or funds and expended only for the administrative
oversight of the permitting process, the construction inspection of the
actual work, repair resurfacing, rehabilitation, reconstruction, or other
improvement of city streets where excavation has occurred after the
effective date of the ordinance from which this Article derives.
(6) The proposed location, depth and other characteristics of any facilities for
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which the permit is issued shall be subject to approval of the Director,
and all backfilling, compaction and pavement restoration performed for
any excavation shall comply with the requirements of this Article and the
City's Standard Specifications and Details.
(7) No fee or requirement authorized or imposed pursuant to this Article shall
be construed to affect or alter in any way any obligation of public and
private utilities with facilities installed in any right-of-way to relocate the
facilities at no cost to the City, subject to state law, if applicable, in the
event that relocation is required by the City to accommodate a proper
governmental use of the right -of -way.
(8) Combinations of permits shall be permitted at the discretion of the
Director. Fees shall be assessed based on the excavations permitted.
(9) Subdivision monuments, historical markers, and any other signs or
structures with foundations in the right -of -way, excluding billboards, are
subject to this Article.
(b) Issuance of permit.
Every person making application for a permit in accordance with the
provisions of this Article and having complied with such provisions shall
be entitled thereto, and, upon filing such application with the Director, it
shall be his duty to issue the permit, when the provisions of this Article
shall have been complied with.
(1) Upon receiving a written application for an excavation permit and
a plan prepared in accordance with the City's Standard
Specifications and Details, the Director's designee shall set
forth all requirements, approve or disapprove the application,
sign and return it to the applicant. Excepting only emergency
excavations, at least one (1) working day prior to the start of
work, the applicant shall telephone the City's Department of
Development Services and request a permit number, informing
the City of the date the work will commence. A permit number
shall then be assigned to the job and a permit shall be sent to
the applicant.
(2) A permit is not transferable. A permit is void unless the
excavation to be made pursuant thereto is commenced within
the time stated therein and the work diligently completed.
(3) Each permit shall state a time period for completion of all the
work to be done thereunder. The Director may grant extensions
of time.
(4) No person in violation of any requirement of this Article shall be
issued an excavation permit, nor shall any contractor or agent
apply for or be issued an excavation permit on the person's
behalf, until the outstanding violation is corrected or a plan for
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 14 of 25
correction is approved by the Director. The foregoing
requirement is in addition to any penalty or remedy for violation
that may be imposed or sought by the City at law or equity.
(5) No work shall be done under any permit issued under this Article
except as stated in the permit. If the permit is allowed to expire,
the ROW user shall procure a new permit, paying the
applicable fee therefor as before, before proceeding with any
such work.
(6) The appeal of a denied permit shall follow the appeal procedures
outlined in the UDC.
(c) Denial of per mlt.
A permit may be denied or suspended for any of the following reasons:
(1) Failure to provide proof of liability insurance acceptable to the City.
(2) Failure to secure a contractors license or other required license.
(3) Failure to perform in accordance with the requirements of these
provisions and/or referenced documents.
(4) The excavation would be in a new street and not otherwise permitted
by this Article.
(5) The proposed warning or other traffic control procedures or equipment
do not comply with the requirements of the TMUTCD or the
requirements of the Director.
(6) The proposed activity would violate a city ordinance or State or
Federal statute.
(7) The permit application contains false or misleading information.
(8) The activity would cause a public health or safety hazard.
(9) The ROW user is in violation of this Article relative to work in progress
and /or has outstanding violations on other permits of this type issued
by the City.
A permit shall no longer be valid if there are material changes to the
excavation, including but not limited to a change in the scope of the work
or the method of performing the work of such consequence that the
drawings and specifications no longer accurately depict the work,
extending the excavation into any geographical area not included in the
permit or an excavation that is not authorized by the original permit.
(d) Permit not trans b void if excavation not timely commenced.
(1) A permit issued under this division is personal to the Permittee and may
not be transferred to another person or used by any other person to
perform the excavation authorized in the permit.
(2) A permit is valid only for the location(s) described on the application,
depicted on the drawings and specifications, and authorized in the permit,
and no excavation shall be authorized at any other location without another
permit.
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 15 of 25
(3) Unless sooner extended by the Director upon written request and for
reasonable cause, a permit shall become void if the excavation is not
commenced within 60 days from the date of its issuance.
(e) Record at excavation -site; public notice.
(1) A Permittee shall, at all times while an excavation is in progress, keep,
at the location of the excavation, the original permit (or a copy thereof)
and shall, immediately on demand, exhibit the permit upon request to the
Director or any other person.
(2) Each Permittee shall post and maintain notices in the vicinity of the
excavation in the time, place, and manner prescribed in the Rules and
Regulations promulgated under Section 49- 40(g). Failure to post and
maintain the required notice shall be unlawful.
(3) Such notice required in paragraph (b) above shall include, but not be
limited to, the name of the Permittee, the Permittee's telephone number,
and the City permit number.
Sec. 49-42. Fees.
The permit application and inspection fees will be assessed in accordance with
the Development Services fee schedule.
Pavement cost recovery (PCR) fee: This reimbursement to the City is due prior
to permit issuance and is collected to account for the decrease in the useful life
of a street caused by excavations and is based on the Mid - American Regional
Council Degradation Cost Recovery Method.
Pavement cost recovery fee calculation. Is calculated by multiplying unit cost
(per sq. yd.) for Street Construction /Reconstruction, Overlays and Seal Coats by
depreciation rate for each maintenance type and the area of influence of the cut.
The area of influence adjacent to the trench is equal to the area of the cut plus
three (3) feet on each side (in Sq. Yds.). All damage(s) caused directly or
indirectly to the street surface or subsurface outside the pavement excavated
area shall be regarded as a part of the excavation repair area. This includes any
holes drilled into the pavement and not properly plugged, as well as damages
caused by work equipment. These areas, as established by the Director, will be
included in the total area to be repaired.
The PCR Fee is calculated by multiplying:
each street maintenance unit cost ($ /SY) X
area of influence (SY — actual cut dimensions plus three feet on each side) X
depreciation factor (account for the age of the maintenance).
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 16 of 25
Example Calculation: Collector Street constructed 10 years ago (unit cost
$90.12 /SY); sealed 3 years ago (unit cost $6.06/SY); actual size of cut — 5'
x 5' square; area of influence — 11' x 11' (13.44 SY). Depreciation value of
10 yr old street construction = 0.79. Depreciation value of 3 year old seal =
0.4
Cost Recovery Fee for Construction = $90.12 X 13.44 X 0.79 = $956.86
Cost Recovery Fee for Seal = $6.06 X 13.44 X 0.4 = $32.58
Total Cost Recovery Fee = $956.86 + $32.58 = $989.44
Unit costs for each street maintenance type (Construction /Reconstruction,
Overlay, and Seal) shall be updated annually by the Engineering Services
Department with assistance from the Street Department and shall be based on
the current market costs of Construction /Reconstruction, Overlay, and Seal work.
Sec. 49-43. Removal or relocation of facilities.
All Permittees who place facilities thereby obligate and bind themselves to move
or change the location of facilities whenever required or instructed to do so by the City in
order to accommodate the construction, repair, or relocation of city infrastructure
facilities, and failure to do so shall be unlawful. Furthermore, the Permittees must
relocate their facilities in a timely manner and communicate their expected relocation
timeline to the City Engineer.
Sec. 49 -44. Applicability of article tt emergencies.
Nothing contained in this Article shall be construed to prevent any person from
making an excavation that is necessitated by an emergency, provided that the owner
shall: (1) before the excavation is initiated, notify the Texas One Call Center (811)
and/or Director by telephone at the 24 -hour City's Response Telephone Number
provided in the procedures established under Section 49 -40(g) and also notify any
other city, state, or federal authority required under law to be notified; and (2) apply for
a permit for the excavation within 24 hours after the initiation of the excavation or, if the
City's offices are then closed, within 24 hours after the offices of the City are first
opened subsequent to the initiation of the excavation.
Sec. 49 -45. Work warranty,
Each applicant shall execute and provide a work warranty in a form approved
by the City Attorney, which shall be incorporated into the application form. The purpose
of the work warranty is to undertake and ensure that the Permittee will:
(1) Timely perform the excavation in accordance with the permit, the drawings
and specifications, all applicable laws, rules, and regulations, and the
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 17 of 25
construction standards adopted in or pursuant to this Article, subject to
remediation as provided in Section 49 -53; and
(2) Warrant the excavation following its completion for two years, subject to
remediation as provided in Section 49 -54 of this Code.
Sec. 49 -46. Owner business plans; coordination of excavations.
(a) On or before June 1 of each year, owners shall submit a plan of excavations
anticipated to be done in the public way during the five -year period commencing
on July 1 of that year. Additionally, the Director shall annually solicit a five -year
transportation improvement plan from the various public way construction entities.
As soon as practicable following receipt and compilation of the plans, the Director
shall make available for inspection a composite list of all projects and
transportation improvements designated in the various plans. Applicants are
responsible for keeping themselves apprised of the current status of the list. An
owner or public way construction entity may change, add, or delete any project in
its five -year business plan, and if any modification is made, the owner and/or
public way construction entity shall notify the City Engineer.
(b) Prior to issuance of a permit, the Director shall check the application against
the composite list. The Director may require owners to (i) coordinate their
excavations; (ii) coordinate excavations with transportation improvements that are
ongoing or are scheduled by public way construction entities; and (iii) complete
excavations before transportation improvements commence. The Director may
grant a waiver of coordination requirements for good cause. The Director shall
consider the following before granting a waiver:
(1) Effect of each proposed excavation(s) on the surrounding vicinity and
on traffic mobility;
(2) The applicant's need for the facility;
(3) The need to facilitate the deployment of new technology as directed
pursuant to official city policy; and
(4) Public health, safety, welfare, and convenience.
Sec. 49 ®7® Newly constructed or reconstructed streets.
(a) Except as provided in subsection (b) below, no permit shall be issued for an
excavation in any public way that has been constructed, reconstructed, repaved,
or resurfaced in the preceding period of five years, as measured from the date of
acceptance by the public works construction entity. Owners shall determine
alternative methods of making necessary repairs and facility installations to avoid
excavations that are subject to this section.
(b) The Director, for good cause, shall grant a variance to an applicant for repair of
existing utilities, to respond to emergencies, or to afford an owner the means to
provide service to buildings that the owner has no other reasonable means of
serving in the determination of the City Engineer. Variances shall be granted
subject to special conditions that the Director determines to be appropriate to the
circumstances, such as special coordination with other excavations, special
paving requirements, additional soil compaction test reports, or any other
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 18 of 25
requirements needed to restore the integrity of the public way to "as new"
condition. In addition to the information provided on the application, applicant shall
provide the following with respect to that part of the public way subject to this
provision:
(1) Reason why the excavation was not performed before or when public
way was paved;
(2) Reason why the excavation cannot be delayed until after the five -year
period expires; and
(3) Reason why the excavation cannot be performed at another location or
the owner's need cannot be accomplished by a method that does not
require excavation.
Sec. 49-48. Defaults; unauthorized excavations.
(a) The Director shall not issue a permit to any person who is in default or breach
of any obligation to the City under this Article on a prior permit or on a warranty
obligation under Sections 49 -53 and 49 -54 of this Code.
(b) The Director is authorized to debar from obtaining a permit any person who
has performed an unpermitted excavation or any owner who has knowingly
allowed that practice. Any such debarment shall be for a reasonable period of
time that is consistent with the nature and circumstances of the alleged
transgressions. Regulations shall be issued for debarment under Section 49-
40(g) of this Code.
(c) Before invoking the provisions of this section, the Director shall provide a
written notice to the affected persons and afford them a right to a hearing under
Section 49 -40(0 of this Code.
(d) It shall be unlawful for any person to make, cause or allow to be made,
any excavation, or to install, cause or allow to be installed any tank, pipe,
conduit, duct, tunnel, utility pole or other utility or appliance in or under the
surface of any street, alley, sidewalk, right-of-way or other public place, at any
location, other than that described in the application for the permit and as shown
on the plans filed with the Director, and in accordance with the requirements of
the permit. If the circumstances appearing after the excavation is commenced
make it impossible to comply with the permit, the Director may grant a waiver to
take the circumstances into account.
(e) Failure to comply with requirements set forth in the Article or on any
permit shall be cause for revocation of the subject permit and of any other
permits held by the same Permittee until the violations have been corrected or
the Director has approved alternative requirements.
(f} Each violation of this Article shall be punishable by a fine not to exceed
five hundred dollars ($500.00). Each day during which a violation continues shall
be deemed a separate violation of this Article.
Sec. 49-49. Liability of right -of -way user; insurance
(a) Liability of right -of -way user. To the extent allowed by law, the right -of -way user
shall be liable to the City for any damage or loss occasioned by any act or
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 19 of 25
omission occurring in connection with his excavation, and subject to state law,
the ROW user shall fully indemnify, hold harmless and defend City, its officers
and employees from and against any and all suits, actions, judgments, losses,
costs, demands, claims, expenses (including attorney's fees), damages, and
liabilities of every kind to which the City, its officers or employees may be
subjected for injury of any type, death or property damage arising from or
connected with any such act or omission. City shall promptly notify a Permittee,
or ROW user, at the address set forth in the permit, or last known address, of
any claim or suit served upon the City and alleging negligent or wrongful
conduct by the Permittee or ROW user in connection with an excavation.
(b) Insurance.
(1) As a condition of the issuance of a permit, the applicant shall provide
evidence that the applicant holds a current policy of comprehensive general
liability insurance covering the excavation, with an endorsement for any liability
assumed under this Article and policy limits as currently required by the City.
Each policy shall include a provision obligating the insurer to furnish to the
Director at least ten days prior written notice of any cancellation.
(2) The failure of the Permittee to continuously maintain any required coverage
shall cause any permit covered thereby to become invalid. No work may be
performed on any excavation at any time when any required proof of insurance
coverage is not on file in the Director's office. Following notice and an
opportunity for a hearing under Section 49 -40(e) of this Code, the Director shall
revoke any permit for which any required proof of insurance is not being
maintained.
(3) For joint applications and permits, the coverage required in this section may
be provided by a policy jointly covering all of the applicants or by separate
proofs of coverage for each applicant or Permittee.
Sec. 49 -50. Extensions.
For good cause not relating to any fault of the Permittee in diligently prosecuting
the excavation, the Director may extend the number of days allowed in the permit for
completion of the excavation. To obtain an extension, the Permittee shall submit an
application therefor, including the nonrefundable application fee established pursuant to
this Article and indicating the number of additional days needed for final completion.
Extensions of time granted under this subsection shall be noted on the records
regarding the permit.
Sec. 49 -51. Access to fire hydrants; crossings; traffic control devices.
(a) Access to fire hydrants. Each excavation shall be performed so it does not
obstruct emergency access to any fire hydrant or public water supply valve.
(b) Crossings; traffic control devices. It shall be the duty of each Permittee to
make provisions for the safe crossing of pedestrians and the orderly movement
of vehicular traffic. Provisions therefor shall be included in the drawings and
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 20 of 25
specifications for the excavation. Any required traffic control devices shall
conform to applicable laws and to the Texas Manual on Uniform Traffic Control
Devices.
Sec. 49-52. Steel plate temporary surfaces.
It shall be unlawful to place a steel plate at an excavation without a
permit. The Director may authorize as a condition of a permit the use of a steel
plate as a temporary surface for an excavation. Any such permit shall specify the
length of time the steel plate is allowed to remain in the public way. It shall be
unlawful for any Permittee or former Permittee to maintain or cause to be
maintained a steel plate in the public way after the time specified in the permit for
the excavation at which the steel plate is located. Each steel plate shall be clearly
marked with the name of the owner of the steel plate, and a Permittee's failure to
use a steel plate so marked shall be a violation of this Article.
Sec. 49 -53. Completion of excavation; warranty.
(a) In accordance with the Rules and Regulations promulgated under Section 49-
40(g), a Permittee shall notify the Director before commencing and obtain
permission to commence the excavation before it enters into the public way. In
connection with the notification and permission, the authorized date of entry on
the public way, for purposes of Section 49-41 shall be established. In connection
with the notification, the Permittee shall also furnish the transmittal number
required under Section 49- 39- 2(b)(13) of this Code, if it has not previously been
provided. The Permittee shall diligently prosecute the excavation to its final
completion within the time authorized under the permit. It shall be unlawful for a
Permittee to fail, refuse or neglect to diligently prosecute or to timely complete
the excavation in accordance with the permit and all applicable Rules and
Regulations and the construction standards adopted in or pursuant to this Article.
(b) If a Permittee commences an excavation and then fails, refuses, or neglects
to diligently prosecute or to timely complete the excavation in accordance with
the permit and all applicable rules and regulations and the City's Design
Standards, the City's Standards, Specifications and Details, the Director may,
following written notice to the Permittee, perform the excavation or cause a
contractor of the City to perform the excavation. The Director shall afford the
Permittee five days' written notice and opportunity to cure before taking over the
excavation, unless the Director determines that hazards to public safety and
convenience that are posed by the condition of the excavation require a shorter
notice period. The Director may charge the cost of having the excavation
performed, including related administrative expenses, to the Permittee. The
Director shall so notify the Permittee, and the Permittee shall be obliged to pay
the cost within 30 days following receipt of notification. Disputes over costs
assessed shall be subject to the hearing process established under Section 49-
40(e) and applicable rules or regulations promulgated under 49 -40(h) of this
Code.
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 21 of 25
Sec. Warranty f excavation; correction of efects.
Each Permittee shall warrant its excavations against all defects in workmanship
and materials for a period of two years after final completion. Whenever within the two
year period any portion of the pavement or surface of any public way excavated under
such a warranty is, in the engineering determination of the Director, in need of repairs,
by reason of any defect in workmanship or materials, the Director shall serve upon the
Permittee a written notice stating the repairs necessary, and requiring the repairs to be
made within five days after service of the notice. If the repairs are not timely made, the
Director shall at once make or cause to the repairs to be made at the expense of the
Permittee. The expenses, including any related administrative expenses, shall be
charged to the Permittee, and the Permittee is hereby required to pay the cost within 30
days following receipt of notification. Disputes over costs assessed shall be subject to
the hearing process established under Section 49 -40(e) and applicable rules or
regulations promulgated under 49 -40(h) of this Code.
Sec. 49 -55. — Work Requirements.
(a) The installation of a utility that crosses the right of way at a perpendicular or
near perpendicular angle and has an outside diameter of 6 inches or less will
not be permitted to be installed by cutting of the road section. Any exceptions
to this will have to be approved by the Director.
(b) Any street excavation /cut shall repair not only the impacted trench but also a full
lane overlay for parallel cuts and 12 feet for perpendicular cuts on asphalt
streets and shall replace full panels on concrete streets.
(c) All work shall be completed in accordance with the City's Standards
Specifications and Details.
(d) The Permittee and ROW user shall comply with all applicable federal, state and
local safety regulations and requirements
(e) The Permittee shall make the work -site accessible to the City, and others as
authorized by law, for inspection at all reasonable times during performance of
the work.
(f) The Department may require testing of materials used in construction in or near
the right -of -way to determine conformance to required specifications, including,
but not limited to, compaction tests on backfill materials, subgrade, aggregate
base course, Portland concrete (rigid pavement), asphaltic concrete (flexible
pavement) and other construction materials as deemed necessary by the
department.
(g) All work completed by the Permitee shall be guaranteed and warranted for a
term of no less than 24 months from the date the work was completed. This
does not prohibit the City from pursuing repairs after this date if it believes there
were latent defects in the work completed under this permit.
(h) At any time, the Director may order the immediate cessation of any work which
poses a threat to the health, safety or well -being of the public. The Director may
revoke the permit of any Permittee in any instance where there is a threat to the
health, safety or well -being of the public.
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 22 of 25
Sec. 49 -56. Inspections of excavations.
(a) All excavations shall be inspected by the City. Based upon the complexity and
nature of the excavation and as specified in the permit, inspections may be
required during the performance of the excavation, immediately upon completion
of the excavation, or both.
(b) Consistent with applicable laws, sound engineering practices, and the nature
of the excavation, upon approval of the City Engineer, the Director may, in
addition to or in lieu of the inspections called for under subsection (a), require
that a Permittee, at the Permittee's expense„ retain a professional engineer
licensed in Texas to observe the excavation and, based upon the observations,
to provide written certification upon completion of the excavation stating that the
public way has been restored in accordance with the drawings and specifications
and all other applicable technical requirements.
Sec. 4 -57. Damage to facility.
A Permittee who, in connection with an excavation, damages another
owner's facility shall immediately notify the Director and, to the extent that the
owner's identity is reasonably determinable, the owner of the damaged facility.
Sec. 49 -58. As -built drawings and specifications.
Upon final completion of an excavation, the Permittee shall provide to the
Director a set of as -built drawings and specifications for the excavation, which
shall be in a form provided by the Rules and Regulations promulgated under
Section 49 -40(g) of this Code. In the event that the work was performed exactly
in accordance with the drawings and specifications provided with the permit
application, then the Permittee may so advise the Director in writing, and the
previously supplied drawings and specifications will be regarded as the as -built
drawings and specifications.
Sec. 49 -59. Reserved.
SECTION 2. This Ordinance takes effect ninety days after its passage.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full
force and effect for its purpose,
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 23 of 25
SECTION 4. Publication shall be made one time in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 5. Penalties are as provided in Section 1 -6 of the Code of Ordinances.
Rebecca Huerta
,City Secretary
ITY> RPUS CHRISTI
Nelda Martinez
Mayor
Ordinance - CH 49 Article 3 Street Cuts and Excavations Page 24 of 25
That trle foregoing
the 11111}tfay of
Nelda Martinez
Kelley Alien
Rudy Garza
Priscilla Leal
David Loeb
dinance was read for the first time and passed to its second reading on this
3, by the following vote:
aLls
ThitetpT 7foayreogfoin.soricr eanc-
I •
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
was read for the second time and passed finally on this the
13, by the following vote:
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED this the 1 1 day of
ATTEST:
0 0
•
OF C
2013.
PUS CHRISTI
Rebecca Huerta
COV. City Secretary
EFFCTIVE DATE
e4i
Nelda Martine
Mayor
Ordinance - CH 49 Article 3 Street Cuts and Excavations
(13 0 4 0
Page 25 of 25
f V
f
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 293073
PO #
Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely., the Corpus Christi Caller- Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S) NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller -Times on:
CC- Corpus Christi Caller -Times �j 12/23/1 Mon
CC- Internet - caller.com ►1 12/23/1 on
Va t Icerti
On this � day of , 20
copy made by publisher.
MICHELLE JOYCE CABRERA
My Commission Expires
March 19, 2016
LEGAL SALES REPRESENTATIVE
that the attached document is a true and exact
Notary Public, State of Texas
4E I December 23, 2013 I CALLER -TIMES
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 030040 Ordinance
amending Chapter 49 of
the Code of Ordinances
titled "Streets and Side-
walks" in order to provide
requirements and prohi-
bitions related to street
cuts. The effective date is
90 days after passage. This
ordinance was passed and
approved on its second
reading by the City Council
on December 17, 2013.
/s/ Armando Chapa
City Secretary
9
CORPUS CHRISTI
QCatttt4unt callercom
Sales Rep: Georgia Lawson (C9190)
> Ad Proof
Phone: (361) 884 -2011
Date: 12/20/13
Account Number. 172983 (CC 18438)
Company Name: CITY OF CORPUS CHRISTI
Contact Name:
Email: lawsong@caller.com
Address: PO BOX 9277, CORPUS CHRISTI, TX, 78469 -9277
Phone: (361) 826 -3636 Fax: (000) 000 -0000
Email: LawsonG@caller.com
This is a proof of your ad scheduled to run on the dates indicated below.
Please confirm placement prior to deadline by contacting your account
rep at .
Ad Id: 293073 P.O. No.: Total Cost: S88.35
Tag Line: NOTICE OF PASSAGE OF ORDINANCE(S) NO
Start Date: 12/23/13 Stop Date: 12/23/13
Number of Xs: 1
Class: 16130 - Legals
Publications: CC- Corpus Christi Caller - Times, CC- Intemet - caller.com
I agree this ad is accurate and as ordered
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 030040, Ordinance
amending Chapter 49 of
the Code of Ordinances
titled "Streets and Side-
walks" in order to provide
requirements and prohi-
bitions related to street
cuts. The effective date is
90 days after passage. This
ordinance was passed and
approved on its second
reading by the City Council
on December 17, 2013.
/s/ Armando Chapa
City Secretary
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