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HomeMy WebLinkAbout19359 ORD - 06/24/1986ORDINANCE NO. AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND USE OF A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY AT&T COMMUNICATIONS - INTERSTATE DIVISION, ACROSS, OVER AND UNDER THE STREETS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, AT&T Communications - Interstate Division. a division of American Telephone and Telegraph Company, hereafter referred to as "AT&T", desires use of certain public rights-of-way within the City of Corpus Christi for the purposes set forth below pursuant to the provisions of the laws of the State of Texas, and AT&T is willing to accept the license hereby granted on a compromise basis without waiving any rights it may have under Article 1416, V.A.C.S.; and WHEREAS, the City Council of the City of Corpus Christi has determined, without waiving any rights it may have under Article 1422, V.A.C.S., that AT&T is entitled to a license authorizing the use of public rights-of-way in accordance herewith for the installation and use of a long distance telecommunication system; and WHEREAS, the City Council of the City of Corpus Christi hereby finds that the proposed use of the public streets and rights-of-way for such purpose is in the public interest and that such license should be granted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1: A license for the use of public streets and rights-of-way of the City of Corpus Christi is granted to AT&T and accepted by AT&T as noted above, subject to the following terms and conditions. ARTICLE 1. PURPOSE: That the City of Corpus Christi (hereinafter the "City") hereby grants to AT&T, and its successors and assigns, for the full term of fifteen (15) years from the date of passage of this ordinance, a license to acquire, erect, construct, replace, reconstruct, maintain, use, and operate in, over, under, along, and across certain streets, highways, alleys, bridges, and public ways of the City (hereinafter the "public right-of-way") all necessary or desirable wires, cables, underground conduits, manholes, or other structures or appurtenances (hereinafter the "facility" or "facil- ities") in connection with a long distance telecommunications system or systems not including cable television or local exchange telephone service that provides long distance telecommunications service (hereinafter the "system"), subject to the provisions of this ordinance. This ordinance is written to authorize a license for the installation of a fiber-optic cable 40.042.03.12 j359 MICROFIL , 'I system in accordance with plans to be submitted and approved by the City Engineer. ARTICLE 2. REGULATION OF CONSTRUCTION: The work done by AT&T in installing, constructing, replacing, recon- structing, maintaining, or repairing the system shall be subject to and governed by all laws, rules, and regulations of the City and State of Texas, that are applicable to insuring the work done does not inconvenience the public in the use of the public right-of-way including, but not limited to, the following: A. Prior to installation or construction of any significant changes to the system which would require excavation or for other such disturbances of the right-of-way after the effective date of this ordi- nance, AT&T shall submit engineering plans to the City Engineer for review and approval, pursuant to the standards generally applicable to requests for licenses to use the public right-of-way. Approval of such plans will not be unreasonably delayed, withheld or denied by the City, but the City shall have the right to determine both the location and depth (if under- ground) within the public right-of-way where facilities may be placed. B. All excavations and other construction in the streets shall be so carried out as to interfere as little as practical with the surface use of the streets and sidewalks and with the surface use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the City under the police and regulatory powers of the City necessary to provide for public con- venience. AT&T shall promptly restore all public right-of-way excavated or disturbed by AT&T to substantially the same condition as before such excavation and to the reasonable satisfaction of the City. C. Except in an emergency, AT&T shall not excavate or disturb any pavement in any public right-of-way or significant amounts of any unpaved public right-of-way without first securing the permission of the City Engineer. Such permission shall not be unreasonably delayed, withheld or denied if the proposed excavation or disturbance is in accordance with the terms of this ordinance. The City Engineer shall be notified as soon as practicable regarding work performed under emergency conditions. D. The City shall have the power at any time to order and require AT&T to remove or abate any facility that is recognized to be dangerous to life or property, and in case AT&T, atter. notice, fails or refuses to comply, the City shall have the power to remove or abate same at the expense of AT&T, all without compensation or liability for damages to AT&T. ARTICLE 3. WORK BY OTHERS: The City reserves the right, subject to further conditions described in this paragraph, to lay and permit to be laid, storm sewer, sanitary sewer, gas, water, and other pipelines or cables or conduits, and to do and permit to be done any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the City 40.042.03.12 -2- in, across, along, over or under any public right-of-way occupied by AT&T, and to change any curb or sidewalk or the grade of any street. In permit- ting such work to be done, the City shall not be liable to AT&T for any damage so caused, nor shall the City be liable to AT&T for any damages arising out of the performance by the City or its contractors or subcon- tractors, not willfully and unnecessarily occasioned; provided, however, nothing herein shall relieve any other person or corporation from liability for damage to the facilities of the system. If the City requires AT&T to relocate, alter, change, adjust, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, AT&T shall make the required alterations or changes as soon as practicable when ordered in writing by the City Engineer without claim for reimbursement or damages against the City. If these requirements impose a financial hardship upon AT&T, AT&T shall have the right to present alternative proposals for the City's consideration. If the City requires AT&T to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right-of-way, AT&T shall not be required to make any such changes until such other corporation or person shall have undertaken with solvent bond to reimburse AT&T for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of AT&T's facilities; provided, however, the City shall never be liable for such reimbursement. ARTICLE 4. CONSTRUCTION BY ABUTTING OWNERS: In the event that the governing body of the City authorizes abutting landowners to occupy space under the surface of any public right-of-way after the date of this license, such grant to abutting landowners shall be subject to the rights of AT&T described in this ordinance. ARTICLE 5. RIGHTS IN THE EVENT OF ABANDONMENT: In the event that the governing body of the City closes or abandons any public right-of-way which contains any existing facilities of AT&T, any conveyance of land contained in such closed or abandoned street, alley, highway or public place shall be subject to the rights of AT&T described in this ordinance. If such street closure is initiated by the City for a public improvement project, as described in Article 3, City shall have the right under Article 3 hereof to require AT&T to relocate its facilities at no expense to the City. In the event that any portion of the public right-of-way that includes facilities of the system becomes the subject of condemnation proceedings, it is agreed that AT&T's property rights and interest in such public right-of-way shall be severed from the City's interest in such proceedings and any such condemnation awards shall be specifically allocated between AT&T's interest and the City's interest. The City shall make a diligent effort to notify AT&T within a reasonable time of any condemnation action (or threatened action) filed against the public right-of-way that affects any facility of the system, or any pro- posed sale in lieu of condemnation. 40.042.03.12 -3- ARTICLE 6. INDEMNITY: AT&T shall indemnify and save and hold harmless the City and all of its officers, agents, and employees from all suits, actions, or claims of any character, style, and description, brought for or on account of any injuries or damages received or sustained by any person or any property occasioned by, or arising out of, the erection, construction, replacement, reconstruction, maintenance, or repair of the system in the City; and AT&T will be required to pay any judgment with costs, which may be obtained against the City arising out of such injury or damage. ARTICLE 7. RECORDS: The City Manager of the City of Corpus Christi and his Director of Public Utilities shall have the right to be kept fully informed as to matters pertaining in any way to AT&T's exercise of its rights under this ordinance including the installation, construction, replacement, recon- struction, maintenance, and repair of the facilities of its system in Corpus Christi. AT&T shall keep complete and accurate maps, construction drawings and specifications describing the location of facilities of its system in Corpus Christi. Maps, construction drawings and specifications kept by AT&T in accordance with this ordinance shall provide for separate and specific identification of those facilities of the system that are located in the public right-of-way. Any and all maps, construction draw- ings, and specifications required by this ordinance shall be kept and maintained by AT&T. The City shall have the right, at reasonable times and for reasonable purposes, to inspect such maps, construction drawings and specifications. AT&T shall fully cooperate in making available its maps, construction drawings, and specifications for inspection. ARTICLE 8. NOTICE: Any notice or communication required in the administration of this ordinance shall be sent as follows: Director of Public Utilities City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78469 with copy to: City Engineer City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78469 40.042.03.12 -4- Notice to AT&T -Communications will be to: Vice -President External Affairs -Texas 4412 Spicewood Springs Rd. Austin, TX 78759 with copy to: General Attorney, AT&T Communications, Inc. Suite 1405, 1100 Main Street Kansas City, MO 64105 or to such other address as AT&T may designate from time to time by written notice. ARTICLE 9. FEE: A. AT&T shall pay annually to the City a fee in the amount of the following schedule: YEAR FEE AMOUNT YEAR FEE AMOUNT 1986 $ 5,110 1994 $ 9,458 1987 5,519 1995 10,215 1988 5,960 1996 11,032 1989 6,437 1997 11,915 1990 6,952 1998 12,868 1991 7,508 1999 13,897 1992 8,109 2000 15,009 1993 8,758 This fee represents the lease value of the public right-of-way one foot in width to be used by AT&T for the construction of new facili- ties, pursuant to plans to be submitted to the City for the installation of a light -wave cable system in Corpus Christi, as part of an Orange Grove to Corpus Christi system, which provides for a general route using Carancahua, Blucher and Laredo Streets to the current Texas State Department of High- ways and Public Transportation controlled and maintained right-of-ways on Agnes Street west of South Padre Island Drive. Any use of public right-of-way other than that in connection with the construction of facili- ties described in plans to be provided by AT&T to the City is not author- ized by this ordinance. The fee payment shall be exclusive of and in addition to all general municipal taxes of whatever nature, including but not limited to ad valorem taxes and special taxes and assessments for public improvements except as hereinafter provided. B. The fee shall be paid annually to the City of Corpus Christi within thirty days after the effective date of this ordinance, and sub- sequent annual payments shall be made within thirty days after the anniver- sary of the effective date of this ordinance. The fee is payable to "City of Corpus Christi" and shall be delivered to the City Director of Public Utilities. 40.042.03.12 -5- C. The fee established in Article 9A hereof shall not be affected by any relocation of AT&T facilities required by the City pursuant to Article 3 of this ordinance. ARTICLE 10. ASSIGNMENT: The rights granted by this ordinance inure to the benefit of AT&T, and any parent, subsidiary, affiliate or successor entity now or hereafter existing. The rights shall not be assignable without the express written consent of the governing body of the City of Corpus Christi, except AT&T may assign its rights under this ordinance to a parent, subsidiary, affili- ate or successor entity without such consent, so long as (i) such parent, subsidiary, affiliate or successor assumes all obligations of AT&T hereun- der, and (ii) is bound to the same extent as AT&T hereunder. Any required consent is to be evidenced by an ordinance or resolution of the governing body of the City that fully recites the terms and conditions, if any, upon which consent is given. ARTICLE 11. LEASING OR DEDICATION OF FACILITIES: AT&T, without the consent of the City, shall not sublease any of the public right-of-way it uses in connection with its system to any non -AT&T company; provided that AT&T shall have the right to lease or dedicate its system or any portion thereof, or otherwise make available facilities of the system to other companies in the ordinary conduct of its business as a long distance telecommunications company, so long as AT&T retains respon- sibility for servicing and repairing the facilities of its system. Not- withstanding the foregoing, AT&T will'not lease any conduit space in the system to any non -AT&T company for the placement of any additional cable without the written consent of the City. ARTICLE 12. MISCELLANEOUS: The Director of Public Utilities is the principal City official responsible for the administration of this ordinance and AT&T recognizes that questions regarding the interpretation or application of this ordi- nance shall be raised initially with said Director of Public Utilities. ARTICLE 13. EFFECTIVE DATE: This ordinance shall take effect immediately from and after its passage, acceptance by AT&T, and publication, and it is accordingly so ordained. Rights granted to AT&T under this ordinance shall expire on the anniversary date in the year 2001 at which time AT&T and City may jointly negotiate renewal terms of this license. SECTION 2: Publication shall be made one time in the official publi- cation of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon acceptance by AT&T 40.042.03.12 -6- • SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned contract at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 24th day of June, 1986. 40.042.03.12 -7- ATTEST: elooc City Sec APPROVED:74=�`'� DAY OF June, 1986 HAL GEORGE, CITY ATTORNEY By: Mayor, City of Corpus Christi, Texas ACCEPTED this day of , 1986: AT&T Communications - Interstate Division By: Typed Name: Title: 40.042.03.12 -8- Corpus Christi , T:j as 2Y day of , 1986 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE C TY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19359 lig CI�OF C TTORPUS'CHRlszr, ' LEGAL'DEPARTNENT ORDINANCE NO./1_ AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND USE -0F A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY AT&T COMMUNICATIONS - INTERSTATE DIVISION, ACROSS, OVER AND UNDER THE STREETS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR PUBLICATION;AND DECLARING AN EMERGENCY. WHEREAS, AT&T Communications - Interstate Divisiono a division of American Telephone and Telegraph Company, hereafter referred to as "AT&T", desires use of certain public rights-of-way within the City of Corpus Christi for the purposes set forth below pursuant to the provisions of the laws of the State of Texas, and AT&T is willing to accept the license hereby granted on a compromise basis without waiving any rights it may have under Article 1416, V.A.C.S.; and WHEREAS, the City Council of the City of Corpus Christi has determined, without waiving any rights it may have under Article 1422, V.A.C.S., that AT&T is entitled to a license authorizing the use of public rights-of-way in accordance herewith for the installation and use of a long distance telecommunication system; and WHEREAS, the City Council of the City of Corpus Christi hereby finds that the proposed use of the public streets and rights-of-way for such purpose is in the public interest and that such license should be granted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1: A license for the use of public streets and rights-of-way of the City of Corpus Christi is granted to AT&T and accepted by AT&T as noted above, subject to the following terms and conditions. ARTICLE 1. PURPOSE: That the City of Corpus Christi (hereinafter the "City") hereby grants to AT&T, and its successors and assigns, for the full term of fifteen (15) years from the date of passage of this ordinance, a license to acquire, erect, construct, replace, reconstruct, maintain, use, and operate in, over, under, along, and across certain streets, highways, alleys, bridges, and public ways of the City (hereinafter the "public right-of-way) all necessary or desirable l(hereinafterund hec"facility"an orolfacilr- other structures or appurtenances ities") in connection with a long distance telecommunications system or systems not including cable television or local exchange telephone service that provides long distance telecommunications service (hereinafter the "system"), subject to the provisions of this ordinance. This ordinance is written to authorize a license for the installation of a fiber-optic cable 40.042.03.12 19359 system in accordance with plans to be submitted and approved by the City Engineer. ARTICLE 2. REGULATION OF CONSTRUCTION: The work done by AT&T in installing, constructing, replacing, recon- structing, maintaining, or repairing the system shall be subject to and governed by all laws, rules, and regulations of the City and State of Texas, that are applicable to insuring the work done does not inconvenience the public in the use of the public right-of-way including, but not limited to, the following: A. Prior to installation or construction of any significant changes to the system which would require excavation or for other such disturbances of the right-of-way after th effective date neer for rorof this de- nance, AT&T shall submit engineering p tothe to requests and approval, pursuant to the standards generally applicable for licenses to use the public right-of-way. Approval of such plans will not be unreasonably delayed, withheld or denied by the City, but the City shall have the right to determine both the location and depth (if under- ground) within the public right-of-way where facilities may be placed. B. All excavations and other construction in the streets shall be so carried out as to interfere as little as practical with the surface use of the streets and sidewalks and with the surface use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the City under the police and regulatory powers of the City necessary to provide for public con- venience. AT&T shall promptly restore all public right-of-way excavated or disturbed by AT&T to substantially the same condition as before such excavation and to the reasonable satisfaction of the City. C. Except in an emergency, AT&T shall not excavate or disturb any pavement in any public right-of-way or significant amounts of any unpaved public right-of-way without first securing the permission of the City Engineer. Such permission shall not be unreasonably delayed, withheld or denied if the proposed excavation or disturbance is in accordance with the terms of this ordinance. The City Engineer shall be notified as soon as practicable regarding work performed under emergency conditions. D. The City shall have the power at any time to order and require AT&T to remove or abate nyfacility &Tthat tfter noticiz d to be be dangerous to life or property, and n case refuses to comply, the City shall have the power to remove or abate same at the expense of AT&T, all without compensation or liability for damages to AT&T. ARTICLE 3. WORK BY OTHERS: The City reserves the right, subject to further conditions described in this paragraph, to lay and permit to be laid, storm sewer, sanitary sewer, gas, water, and other pipelines or cables or conduits, and to do and permit to be done any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the City 40.042.03.12 -2- • in, across, along, over or under any public right-of-way occupied by AT&T, and to change any curb or sidewalk or the grade of any street. In permit- ting such work to be done, the City shall not be liable to AT&T for any damage so caused, nor shall the City be liable to AT&T for any damages arising out of the performance by the City or its contracctors orr hsubcon, subcon- tractors, not willfully and unnecessarily occasioned; p nothing herein shall relieve any other person or corporation from liability for damage to the facilities of the system. If the City requires AT&T to relocate, alter, change, adjust, or conform its facilities because of changes in the grade of street or otherr in he location or manner of underg underground or aboveground constructing a water pipe, sewer pipe, structure owned by the City, AT&T shall make the required alterations or changes as soon as practicable when ordered in writing by the City Engineer without claim for reimbursement or damages against the City. Ifthese requirements impose a financial hardship upon AT&T, AT&T shall have the right to present alternative proposals for the City's consideration. If the City requires AT&T to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except-thewaCity, AT&T to use, or to use with greater convenience, any public shall not be required to make any such changes until such other corporation or person shall have undertaken with solvent bond to reimburse AT&T for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of AT&T's facilities; provided, however, the City shall never be liable for such reimbursement. ARTICLE 4. CONSTRUCTION BY ABUTTING OWNERS: In the event that the governing body of the City authorizes esabutting ing landowners to occupy space under the surface of any public9h after hdate this license, bed ain this ordi an elandowners shall be subject t the rights ofAT&T described ARTICLE 5. RIGHTS IN THE EVENT OF ABANDONMENT: In the event that the governing body of the City closes or abandons any public right-of-way which contains any .existing facilities of AT&T, any conveyance of land contained in such closed or abandoned street, alley, highway or public place shall be subject to the rights of AT&T described in this ordinance. If such street closure is initiated by the City for a public improvement project, as described in Article 3, City shall have the right under Article 3 hereof to require AT&T to relocate its facilities at no expense to the City. In the event that any portion of the public right-of-way that includes facilities of the system becomes the subject of condemnation proceedings, it is agreed that AT&T's property rights and interest in such public right-of-way shall be severed from the City's interest in such proceedings and any such condemnation awards shall be specifically allocated between AT&T's interest and the City's interest. The City shall make a diligent effort to notify AT&T within a reasonable time of any condemnation action (or threatened action) filed against the public right-of-way that affects any facility of the system, or any pro- posed sale in lieu of condemnation. 40.042.03.12 • ARTICLE 6. INDEMNITY: AT&T shall indemnify and save and hold harmless the City and all of its officers, agents, and employees from all suits, actions, or claims of any character, style, and description, brought for or on orcounany tpr f any any injuries or damages received or sustained by any person occasioned by, or arising out of, the erection, construction, replacement, reconstruction, maintenance, or repair of the system in the City; and AT&T will be required to pay any judgment with costs, which may be obtained against the City arising out of such injury or damage. ARTICLE 7. RECORDS: The City Manager of the City of Corpus Christi and his Director of Public Utilities shall have the right to be kept fully informed as to matters pertaining in any way to AT&T's exercise of its rights under this ordinance including the installation, construction, replacement, recon- struction, maintenance, and repair of the facilities of its system in Corpus Christi. AT&T shall keep complete and accurate maps, construction drawings and specifications describing the location of facilities of its system in Corpus Christi. Maps, construction drawings and specifications kept by AT&T in accordance with this ordinance shall provide for separate and specific identification of those facilities of the system that are located in the public right-of-way. Any and all maps, construction draw- ings, and specifications required by this ordinance shall be kept and maintained by AT&T. The City shall have the right, at reasonable times and for reasonable purposes, to inspect such maps, construction drawings and specifications. AT&T shall fully cooperate in making available its maps, construction drawings, and specifications for inspection. ARTICLE 8. NOTICE: Any notice or communication required in the administration of this ordinance shall be sent as follows: Director of Public Utilities City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78469 with copy to: City Engineer City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78469 40.042.03.12 -4- Notice to AT&T -Communications will be to: Vice -President External Affairs -Texas 4412 Spicewood Springs Rd. Austin, TX 78759 with copy to: General Attorney, AT&T Communications, Inc. Suite 1405, 1100 Main Street Kansas City, MO 64105 or to such other address as AT&T may designate from time to time by written notice. ARTICLE 9. FEE: A. AT&T shall pay annually to the City a fee in the amount of the following schedule: YEAR FEE AMOUNT YEAR FEE AMOUNT 1986 $ 5,110 1994 $ 9,458 Z987 5,519 1995 10,215 1988 5,960 1996 11,032 1989 6,437 1997 11,915 1990 6,952 1998 12,868 1991, 7,508 1999 13,897 1992 8,109 2000 15,009 1993 8,758 This fee represents the lease value of the public right-of-way one foot in width to be used by AT&T for the construction of new facili- ties, pursuant to plans to be submitted to the City for the installation of a light -wave cable system in Corpus Christi, as part of an Orange Grove to Corpus Christi system, which provides for a general route using Carancahua, Blucher and Laredo Streets to the current Texas State Department of High- ways and Public Transportation controlled and maintained right-of-ways on Agnes Street west of South Padre Island Drive. Any use of public right-of-way other than that in connection with the construction of facili- ties described in plans to be provided by AT&T to the City is not author- ized by this ordinance. The fee payment shall be exclusive of and in addition to all general municipal taxes of whatever nature, including but not limited to ad valorem taxes and special taxes and assessments for public improvements except as hereinafter provided. B. The fee shall .be paid annually to the City of Corpus Christi within thirty days after the effective date of this ordinance, and sub- sequent annual payments shall be made within thirty days after the anniver- sary of the effective date of this ordinance. The fee is payable to "City of Corpus Christi" and shall be delivered to the City Director of Public Utilities. 40.042.03.12 -5- C. The fee established in Article 9A hereof shall not be affectt bo by any relocation of AT&T facilities required by the City p Article 3 of this ordinance. ARTICLE 10. ASSIGNMENT: The rights granted by this ordinance inure to the benefit of AT&T, and any parent The sub shallf not be assignable iliate or owithout r theoexpressor ewritten existing. consent of the governing body of the City of Corpus Christi, except AT&T may assign its rights under this ordinance to a parent, subsidiary, affili- ate or successor entity without such consent, so long as (i) parent, subsidiary, affiliate or successor assumes all obligations of AT&T hereun- der, and (ii) is bound to the same extent as AT&T hereunder. Any required consent is to be evidenced by an ordinance or resolution of the governing body of the City that fully recites the terms and conditions, if any, upon which consent is given. ARTICLE 11. LEASING OR DEDICATION OF FACILITIES: AT&T, without the consent of the City, shall not sublease any of the public right-of-way it uses in connection with its system to any non -AT&T company; provided that AT&T shall have the right to lease or dedicate its system or any portion thereof, or otherwise make available facilities of the system to other companies in the ordinary conduct of its business as a long distance telecommunications company, so long as AT&T retains respon- sibility for servicing and repairing the facilities of its system. Not- withstanding the foregoing, AT&T will not lease any conduit space in the system to any non -AT&T company for the placement of any additional cable without the written consent of the City. ARTICLE 12. MISCELLANEOUS: The Director of Public Utilities is the principal City official responsible for the administration of this ordinance and AT&T recognizes that questions regarding the interpretation or application of this ordi- nance shall be raised initially with said Director of Public Utilities. ARTICLE 13. EFFECTIVE This ordinance shall take effect immediately from and after its passage, acceptance by AT&T, and publication, and it is accordingly so ordained. Rights granted to AT&T under this ordinance shall expire on the anniversary date in the year 2001 at which time AT&T and City may jointly negotiate renewal terms of this license. i SECTION 2: Publication shall be made one stime ine itnethe hepoifncial publi- cation of the City of Corpus Christi by puol substance the purpose of the ordinance, this ordinance to become effective upon acceptance by AT&T n 40.042.03.12 -6- • SECTION 3. That upon written request—Of-the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned contract at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 24th day of June, 1986. 40.042.03.12 -7- ATTEST: 0.10• tty Secreta APPROVED: "2-4t4 DAY OF June, 1986 HAL GEORGE, CITY ATTORNEY By: By: 40.042.03.12 Mayor, City of Corpus Christi, Texas ACCEPTED this day of Ju1y 1986: AT&T Communications - Interstate Division By: Typed Name: L. R. Weber Title: Regional Vice President - External Affairs -8- Corpus''pChristi, Vias _2Y( day of , 1986 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas for the reasons set forth in the emergency clause of the foregoing ordinance • resolution, an emergency exists requiring suspension of the Charter rule F to consideration and voting upon ordinances or resolutions at three -filar meetings; I/we, therefore, request that you suspend said Charter rule as pass this ordinance or resolution finally on the date it is introduced, regi- the present meeting of the City Council. and or a`tfully, Respectfully, Respe: ..i1 Members Coun. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • ordinance was passed by the following vote: The above es er Jori. Dr. Jack°Beck ;a, Sr. David:-Berlang. Leo Guerrero Joe'McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong PUBLISHER'S AFFIDAVIT STATE OF TEXAS, )ss: AD# 16400 County of Nueces. CITY OF C . C . /CITY SECRETARY Before me, the undersigned, a Notary Publi 1 MURIE L LA RUE °' this day Personally who being first duly sworn, according to law, sa SENIOR ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi T5m Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 19359 AN ORDINANCE PERMITTING AND of which the annexed is a true copy, was published in CO.3 . TUNE on the . day of.......19 86., and once each-..... daj' d thereafter for.....pnP consecutive ay one Times. 32.20 MURIEL LA RUE Subscribed and sworn to before me this...1 s t ay of .1 -i 1 EDNA IZQgyER' ie =88 County, Texas 1110 Legal Notice A' N ORDINANCE PERMITTING 1 '''"'000000A ND REGULATING THE CON- 1 i 5TRUCTION, MAINTENANCE e Awl' USE OF A LONG DIS- 4' T,A6CE TELECOMMUNI- CATIONS SYSTEM BY AT&T COMMUNICATIONS - INTER. d S'�ATE DIVISION, ACROSS, a1 O"iES AND UNDER THE d S"1REETS AND PUBLIC t, P,IGHTS-OF,WAY OF THE 4 CITY OF CORPUS CHRISTI; PROVIDING FOR PUBLICA- TION; AND DECLARING AN EMERGENCY, P Was passed and approved tS - by the City Council of the City 30°'7 of Corpus, Christi, Texas on the 24th ay of June, 1986 \� and the full text of said ordi- ,. 7 nance is available to the N public in the Office of the City T,.� ` ��.,.� ) Secretary 05 /s/ Armando Chapa City Secretary 0) City of Corpus Christ e `. V ��� ( 'P61 Ni 9/st t4s,2�