HomeMy WebLinkAbout029662 ORD - 10/23/2012Ordinance authorizing the City Manager to execute a use privilege
agreement with Super Commercial Properties, LLC, and Gates E&S
North America, Inc. ("Permittees"), to install, operate, maintain, and
remove an aerial fiber optic communications cable across the 44th
Street public right-of-way from 134 44th Street to 123 44th Street,
subject to Permittees' compliance with specified conditions.
WHEREAS, Super Commercial Properties, LLC, a Texas limited liability company and
property owner of 123 44th Street, Corpus Christi, Texas ("Permittee No. 1"), and Gates
E&S North America, Inc., a Colorado corporation and property owner of 134 44th Street,
Corpus Christi, Texas (who is also the lessee of 123 44th Street) ("Permittee No. 2")
(collectively, the "Permittees"), desire to install, operate, maintain, and remove an aerial
fiber optic communications cable across the 44th Street public right-of-way;
WHEREAS, the Permittees have requested, and the City of Corpus Christi ("City")
desires to extend, a one-year use privilege agreement ("Agreement"), renewable for
four additional one-year terms, in order to accomplish the purpose and use intended of
the public right-of-way;
WHEREAS, with proper notice to the public, a public hearing was held on Tuesday,
October 9, 2012, during a meeting of the City Council, during which all interested
persons were allowed to appear and be heard; and
WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council
authorizes the City Manager to enter into the Agreement for the benefit of the City and
the Permittees, subject to the Permittees' compliance with the specified provisions of
the Use Privilege Agreement.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee ("City Manager"), is authorized to
execute a one-year use privilege agreement ("Agreement"), renewable for four
additional one-year terms, with Super Commercial Properties, LLC, and Gates E&S
North America, Inc. (collectively, the "Permittees") to install, operate, maintain, and
remove an aerial fiber optic communications cable across the public right-of-way on 44th
Street, extending from 134 44th Street to 123 44th Street, such Agreement at all times
subject to the Permittees' compliance with the conditions specified in the Agreement. A
copy of the Agreement is attached to this ordinance as Exhibit "A," the terms and
content of which are incorporated by reference into this ordinance as if fully set out
herein in their entirety.
SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the
Permittees' compliance with the conditions of the Agreement including, but not limited
to, the provisions specified below:
1. In exchange for the City's authorization to use the public right-of-way to
place and maintain the aerial fiber optic communications cable ("cable"),
the Permittees agree to provide the City with an annual payment of $50.
UPA Super Comm Properties and Gates E S NA Ord vFinal2 Page 1 of 2
029362
INDEXED
2. The Permittees must ensure that the cable has a minimum 16 -foot ground
clearance at all times for the entire width of the 44th Street public right-of-
way.
3. The Permittees' use of the cable is strictly limited to serving facilities owned
by the Permittees on 44th Street. Permittees may not provide nor permit
anyone else to provide service through the cable to any facilities within the
City owned by anyone other than the Permittees.
4. All costs incurred to maintain, repair, or remove the cable is the responsibility
of the Permittees.
The foreg 'ng ordinance 1,3 re d or the first time and passed to its second reading on
this the day of , 2012, by the following vote:
Joe Adame
Chris N. Adler
Kelley Allen
Larry Elizondo
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
The e o ng ordinanc was read for the second time and passed finally on this the
ay of 0 [r• , 2012, by the following vote:
Joe Adame
Chris N. Adler
Kelley Allen
Larry Elizondo
Priscilla G. Leal
PASSED AND APPROVED this the
ATTEST:
'ThtlitatOr
Armando Chapa
City Secretary
UPA Super Comm Properties and Gates E S Ord vFinal2
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
Gli64
day ofON1513-4---, 2012.
Joe !'!: ame
Mayor
029662
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Page 2 of 2
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USE PRIVILEGE AGREEMENT
SUPER COMMERCIAL PROPERTIES, L.L.C.
and
GATES E&S NORTH AMERICA, INC.
(123 44th Street and 134 44th Street)
J
PLAN VIEW
EXHIBIT A
PLACEMENT ON AGENDA
TYPE OF ACTION ITEM
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
1, the Director of Financial Services of the City of Corpus . Christi, Texas (or his/her duly
authorized representative), hereby certify to the City Council and other appropriate officers that
the money required for the current fiscal year's portion of the contract, agreement, obligation
or expenditure described below is in the Treasury to the credit of the Fund specified below, from
which it is to be drawn, and has not been appropriated for any other purpose. Future
payments are subject to annual appropriation by the City Council.
City Council Action Date: October 23, 2012
Agenda Item:
Ordinance authorizing the City Manager, to execute a use privilege agreement with Super
Commercial Properties, LLC, and Gates E&S North America, Inc., ("Permittees"), to install,
operate, maintain, and remove an aerial fiber optic communications cable across the 44th Street
public right-of-way from 134 44th Street to 123 44th Street.
Amount Required: $50.00
Fund Name
Account No.
Fund No.
Org. No.
Project No.
Amount
Development Services
4670
$50.00
Total
$50.00
0 Certification Not Required
Director of Financial Services
Date:
7
20120441
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF NUECES §
I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that
the following is a true and correct copy of Ordinance 029662 passed and approved by
Corpus Christi City Council on October 23, 2012 as same appears in the Official Records
of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful
custodian.
WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas,
this 30th day of October, 2012.
01//
Armando Chapa
City Secretary
Corpus Christi, Texas
(S E A L)
Do T 29 i 1 2044 1 ' 7
Pages
11/09/2012 10430
Official Records of
NUECES COUNTY
DIANA T. BARR:.RA
COUNTY CLERK
Fees U39.00
Any provision herein which restricts the Saler
Rental or use of the described
REAL PROPERTY because of Race? Color?
Relisionr Sex? Handicap, Familial Status? or
National Origin is invalid andunenforceable
under FEDERAL LAW, 3/12/899.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the date and at ':he
time stamped herein by me► and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
Diana T. Barrera.
1;A"
OCRs(of Corpus Christi
DEPARTMENT SERVICES
2406 Leopard
Corpus Christi, TX 78408