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HomeMy WebLinkAbout027103 ORD - 12/19/2006AN ORDINANCE ACKNOWLEDGING THE NETWORK SERVICES AGREEMENT BETWEEN EARTHLINK, INC. AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND AGREEING TO PERFORM ALL THE OBLIGATIONS OF THE CORPORATION THEREUNDER NOT PERFORMED BY THE CORPORATION, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City of Corpus Christi hereby authorizes the Network Services Agreement between EarthLink, Inc. and the CC Digital Community Development Corporation, a substantial copy of which is attached hereto as Exhibit A and incorporated herein, and, to the extent it legally may, the City agrees to perform ail of the obligations of the Corporation thereunder to the extent that those obligations are not performed by the Corporation; provided that EarthLink, Inc. shall first provide written notice to the City specifying the default of the Corporation and providing the City with a reasonable opportunity to resolve the default Section 2. The City Council declares that the implementation of the Network Services Agreement is pursuant to a program to promote State and Local economic development and to stimulate business and commercial activity in the City established by the City Council pursuant to Section 380.001, Texas Local Government Code. Section 3. 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 gassed an takes �eff,�ect upon first reading as an emergency measure this the lq day of Y) C P :.s' 2006. ATTEST: Armando Chapa City Secretary APPROVED. December 15, 2006 Lisa Aguilar, ssistant City Attorney for City Attorney THE ' TY OF CORPUS CHRISTI enry Ga ett Mayor 0 271Q` Cignotus Christi, Texas day of j, (, m rte' , 2006 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, Henry Gar' -tt Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jon Marez Jesse Noyola Mark Scott 02710:1