HomeMy WebLinkAbout026225 ORD - 04/19/2005
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH THE PORT OF
CORPUS CHRISTI (OWNER) FOR THE RIGHT TO INSTALL,
OPERATE, REPAIR, REPLACE, AND MAINTAIN ONE PRIVATE 1.25-
INCH HOPE CONDUIT WITH FIBER OPTIC CABLE ACROSS THE
NUECES BAY BOULEVARD PUBLIC RIGHT-OF-WAY FOR
APPROXIMATELY 80 FEET AND ACROSS THE SALT FLAT
DRAINAGE OUTFALL RIGHT-OF-WAY FOR APPROXIMATELY 90
FEET; ESTABLISHING A FEE OF $320.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with The Port of Corpus Christi (Owner) for the right to install,
operate, repair, replace and maintain one private 1.25 inch HDPE conduit with fiber
optic cable across the Nueces Bay Boulevard public right-of-way for approximately 80
feet and across the Salt Flat Drainage Outfall right-of-way for approximately 90 feet.
SECTION 2. That Owner will comply with the terms and conditions of the use privilege
agreement, a copy of which is on file with the City Secretary, and be subject to the
following conditions as part of the use privilege agreement:
1. Owner will pay the fair market value fee of $320.00 for this UPA.
2. Owner will be solely responsible for all operation, maintenance and removal of
the authorized improvements. An engineering permit will be required for any
future repairs to the improvements within the City right-of-way.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 19th day of April, 2005.
H:ILEG-DlRIJosephIORD-upa-Portl.doc
n -J " .., q ~
'. h._ ,_.....l
ATTEST:
Am,"!~
City Secretary
Approved
/440';/ I J
r
By: /)--A- I~
Joseph Harney 0
Assistant City Attorney
For City Attorney
H:ILEG-D1RIJosephIORD-upa-Port I.doc
THE CITY OF CORPUS CHRISTI
,2005
Corpus Christi, Texas
I~ day of ap/~
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/We, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garr tt, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Bill Kelly
O-'Gt
~
~~
~
(~K.
O_L}~
(~f
We
~
lUy__
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:\LEG-D1R\Joseph\ORD-upa-Port I.doc
G2f)2:2~