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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~