HomeMy WebLinkAbout027129 ORD - 01/23/2007ORDINANCE
AMENDING ORDINANCE 027102 THAT APPROVED THE ASSET PURCHASE
AGREEMENT BY AND AMONG EARTHLINK, INC. AND THE CITY OF CORPUS
CHRISTI, TEXAS, AND THE CC DIGITAL COMMUNITY DEVELOPMENT
CORPORATION, AND AMENDING ORDINANCE 027103 THAT ACKNOWLEDGED THE
NETWORK SERVICES AGREEMENT BETWEEN EARTHLINK, INC. AND THE CC
DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND AGREED TO PERFORM
ALL OBLIGATIONS OF THE CORPORATION THEREUNDER NOT PERFORMED BY
THE CORPORATION, IN ORDER TO APPROVE ALTERNATIVE PROVISIONS IN THE
EVENT THE TRANSACTION IS DETERMINED TO BE SUBJECT TO SALES TAX; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Ordinance 027102 that approved the Asset Purchase Agreement by and
among EarthLink, Inc. and the City of Corpus Christi, Texas, and the CC Digital Community
Development Corporation, and Ordinance 027103 that acknowledged the Network Services
Agreement between EarthLink, Inc and the CC Digital Community Development Corporation,
and agreed to perform all obligations of the Corporation thereunder not performed by the
Corporation, are hereby amended in order to approve alternative provisions in the event the
transaction is determined to be subject to sales tax.
SECTION 2. Ordinance 027102 that approved the Asset Purchase Agreement and Ordinance
027103 that acknowledged the Network Services Agreement are hereby amended to authorize
the City Manager to agree to the addition of appropriate language in the Asset Purchase
Agreement and the Network Services Agreement to provide in substance that if sales tax
payment is due on the asset purchase transaction, then (i) Earthlink Inc. agrees to pay $50,000
additional payment towards sales tax, (ii) the City agrees to pay balance of sales tax, (iii)
Earthlink. Inc. agrees to provide free Internet access into City Hall through term of the Network
Services Agreement and (iv) appropriate adjustment, if any, may be made in the amount deemed
to be Purchase Price
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 23rd
day of January, 2007
ATTEST THE CITY/OF CORPUS CHRISTI
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Armando Chapa is Henry Garre
City Secretary Mayor
APPROVED: January 23, 2007
Lisa Aguilar, distant City Attorney
for City Attorney
2007
0 2 71 `' 9
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Corpus Christi, Texas
"day of ���1, 2007
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,
Hry Garre
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
_ _BAL
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