HomeMy WebLinkAbout032852 ORD - 09/06/2022Ordinance amending Chapter 49, Article VIII, Management of Right of Way
of the Corpus Christi Code to adopt a consolidated fee schedule for Right
of Way management and providing an effective date.
WHEREAS, substantial City staff time is required to review plans, conduct site
inspections, issue permits and approve work in the area of City right-of-way
management; and
WHEREAS, it is the intent of the City to consolidate all right-of-way management
fees in one new section of the City Code to make it more efficient for customers and city
right-of-way management personnel.
Now therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas:
SECTION 1. The Corpus Christi Code of Ordinance, Chapter 49 is amended to add
Section 49-112 to read as follows:
"Sec.49-112 Right of Way Management Fees.
This section sets the amounts of the fees required by the Corpus Christi Code for Right
of Way Management.
A. Right of Way (ROW) Operator Registration Fee. There is a fee of $45.00 per
right-of-way user per year for processing registration information, which fee will
be collected upon registration.
B. Permit Application Fee. There is a permit application fee of $95.00 for each
right-of-way application. Permits shall be issued or denied within thirty (30)
business days of complete application submittal. The fee is paid by an applicant
upon application. The fee includes one inspection.
C. Emergency Permit Application Fee. There is a permit application fee of $145.00
for emergency or expedited permits. The fee is paid by an applicant upon
application. The fee includes one inspection.
D. Planned Right of Way (ROVV) Fee. Excavations in City right-of-way are subject
to the ROW Operator Fee, Permit Application Fee, and daily fee planned right-
of-way fee per day per project permit. The planned right-of-way fee shall be
subject to a tier rate that is based on the number of days estimated by the
applicant in the application. In the event the excavation takes longer than the
days estimated, the applicable tier rate shall be applied to the total number of
days required to complete the project. The fee is paid by an applicant prior to
permit issuance.
1. Tier 1: $60.00 per day- anticipated number of days to complete work 0-60
days.
2. Tier 2: $90.00 per day- anticipated number of days to complete work 61-
120 days.
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032 852
SCANNED
3. Tier 3: $120.00 per day- anticipated number of days to complete work 121-
180 days.
4. Tier 4: $150.00 per day- anticipated number of days to complete work >180
days.
E. Barricade fees. Closure of city streets (including sidewalks and alleys) shall be
assessed on a per square foot of closure per day $0.0629. The fee is paid by
an applicant prior to permit issuance.
F. Parking Meter Removal or Bagging Fee. There is a one-time fee for each
parking meter removed or temporarily bagged of $28.50. The fee is paid by an
applicant prior to permit issuance.
G. Pavement cost recovery (PCR) fee. This reimbursement to the city is due prior
to permit issuance and is collected to account for the decrease in the useful life
of a street caused by excavations and is based on the Mid -American Regional
Council Degradation Cost Recovery Method.
1. Pavement cost recovery fee calculation. Is calculated by multiplying unit
cost (per square yard) for street construction/reconstruction, overlays and
seal coats by depreciation rate for each maintenance type and the area of
influence of the cut. The area of influence adjacent to the trench is equal to
the area of the cut plus three (3) feet on each side (in square yards). All
damage(s) caused directly or indirectly to the street surface or subsurface
outside the pavement excavated area shall be regarded as a part of the
excavation repair area. This includes any holes drilled into the pavement
and not properly plugged, as well as damages caused by work equipment.
These areas, as established by the director, will be included in the total area
to be repaired.
2. The PCR fee is calculated by multiplying:
Each street maintenance unit cost ($/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).
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-year-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
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Unit costs for each street maintenance type (construction/reconstruction,
overlay, and seal) shall be updated annually by the Public Works
Department and shall be based on the current market costs of
construction/reconstruction, overlay, and seal work.
H. Re -Inspection fee. A re -inspection fee of $75 per hour shall be assessed if
repairs to the ROW do not pass initial inspection. Overtime inspection fees
are incurred at a rate of $100.00 per hour after business hours, on weekends,
and holidays. The fee is paid by an applicant prior to inspection.
Non -Compliance Fee. A fee of $1500 per day shall be assessed to the
violator for any work performed without a permit, for any permit that has not
been extended before its expiration date, and for any permit wherein work
has not been completed by the expiration date provided for in the permit. The
fee shall be paid within timeframe provided on notice from the city.
J. Traffic Plan Review Fee. Review of construction plans as part of a private
development shall be assessed and paid by an applicant upon application
based on the following tier system:
1. Level 1: Two -hundred and four ($204) dollars for developments < 1 acre.
2. Level 2: Two -hundred and fifty-six ($256) dollars for developments
between 1- 5 acres.
3. Level 3: Four -hundred and fifty-nine ($459) dollars for developments > 5
acres.
K. Traffic Study Fee. Review of traffic studies for private developments including
traffic impact analyses, urban transportation plan amendments, and access
management shall be assessed and paid by an applicant upon application
based on the following tier system:
1. Level 1: $400 for developments < 1 acre.
2. Level 2: $700 for developments between 1- 5 acres.
3. Level 3: $900 for developments > 5 acres.
SECTION 2. 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 of this ordinance be given full force and effect for this purpose.
SECTION 3. All provisions of the ordinances of the City of Corpus Christi in conflict with
the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions
of this Ordinance shall remain in full force and effect. To the extent the fees identified in
this ordinance conflict with another section of the Corpus Christi Code, the fees in this
section prevail and control.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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SECTION 5. This ordinance takes effect upon publication.
That the foregoing or inance was read for the first time and passed to its second reading on this
the ,fit.` i'" day of , 2022, by the following vote:
Paulette Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez Ack,z
Ben Molina
Mike Pusley
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this the L )
day of Ok 2022, by the following vote:
Paulette Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
PASSED AND APPROVED on this the
ATTEST:
Rebecca Huerta
City Secretary
•.._...--........,.....110._«
EFFECTIVE CA i'E i
1 Z
day of
John Martinez Akig_
Ben Molina
V
Mike Pusley
Greg Smith
)-944)-k , 2022.
Paulette Guajardo
Mayor
032852 i
Caller Times
Certificate of
Publication
NOTICE OF PASSAGE
OF ORDINANCE(S)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032852, Ordinance
amending Chapter 49, Arti-
PO BOX 9277 cle VII I, Management of
Right of Way of the Corpus
Christi Code to adopt a con-
CORPUS CHRISTI, TX 78401 solidated fee schedule for
Right City of Way manage-
ment and providing an ef-
fective date. Effective date
of September 12, 2022. This
STATE OF WISCONSIN) ordinance was passed and
)) approved on second
reading by the Corpus
COUNTY OF BROWN) Christi City Council on Sep-
tember 6,2022.
/s/Rebecca Huerta
I,being first duly sworn, upon oath depose and say that I City Secretary
am a legal clerk 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 which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
in the following issue(s)dated:
09112/2022
On this September 12,2022, I certify that the attached
document is a true and exact copy made by the publisher:
ro
4.1
egali otice Clerk N
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/L/ / —° v'
Notar'ubl , State of Wisconsin, 'unty of Brown
C7
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c,
Notary Expires
Cn rn
tD r3
SARAH BERTELSEN
Notary Public
Publication Cost:$97.15 State of Wisconsin
Ad No:0005406700
Customer No: 1490432
PO#: 032852
#of Affidavits 1
This is not an invoice