HomeMy WebLinkAbout026790 ORD - 05/23/2006AN ORDINANCE GRANTING TO THE CC DIGITAL COMMUNITY
DEVELOPMENT CORPORATION A NON - EXCLUSIVE FRANCHISE TO
OPERATE, MAINTAIN, CONSTRUCT, EXTEND, AND UPGRADE FACILITIES
OF THE ('ITY OF CORPUS CHRISTI CITYWIDE INTEGRATED WI -FI
NETWORK IN THE PUBLIC RIGHTS -OF -WAY
WHEREAS, the ( ity of Corpus Christi, Texas (the "City ") and the CC Digital
Community Development Corporation (the "Corporation ") have entered into the Agreement for
Services Between the City of Corpus Christi and the CC Digital Community Development
Corporation (the '`Agreement ") in connection with implementation of the City of Corpus Christi
Citywide Integrated Wi -Fi Network (the -Network-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION I. 1 he City hereby, grants to the Corporation a non- exclusive franchise to
.operate. maintain. construct. extend. and upgrade facilities of the Network in, over, under and
across the public rights - of -way of the City, including, without limitation, the right to erect poles
or other structures for radios and the right to install fiber.
SECTION 2. 1 he term of the franchise shall commence on the effective date of this
franchise and shall continue in effect through July 31. 2016. The City may terminate the
franchise earlier if the City terminates the Agreement.
SECTION 3. In consideration of the granting of this franchise, the Corporation shall
satisfactorily perform its duties and obligations under the Agreement.
SECTION 4. All construction, excavation, or disturbance of rights -of -way shall be
carried out according to the requirements of the Director of Engineering Services of the City,
=including requirements to relocate Corporation facilities and to repair or restore City property, at
Corporation's expense
SECTION 5. "1 erms used herein shall have the meanings prescribed in the Agreement
unless the context requires otherwise.
SECTION 6. 1 he Corporation shall provide indemnification and insurance as provided
m the Agreement
SECTION 7. l his franchise may not be assigned without the written consent of the
t'ity.
SECTION 8. The Corporation shall pay all costs of publication of notice of this
t )rdinance
SECTION 9. This franchise ordinance shall take effect when the following two
conditions have been met: 1) sixty (60) days have expired since final adoption by the City
Council, and 2) the Corporation has filed its written acceptance with the City Secretary pursuant
!o action bv its Board of Directors.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 6kS-I* day of , 2006. by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
John E. Marez
Jesse Noyola
Rex A. Kinnison
Mark Scott
1
That the foregoing ordin _ nce was read for the second time and passed finally on this
the 01 3 day of 1 , 2006 by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
John E. Marez
Jesse Noyola
Rex A. Kinnison
Mark Scott
PASSED AND APPROVED, this the 234 .day of
ATTESTI
Armando Chapa
City Secretary
APPROVED: .
Lisa Aguilar,
Assistant City Attorney
for City Attorney
Two reading ordinance vote sheet.dcc
, 2006
He Garrett
Mayor