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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 &la.")2e Page 2 of 2 I 457 STREET K9 l!lintinegrairigrairanlit 111111111111111111M 1111111114__III1ikt AGNES STREET /ear I Se I tp' 16 46 d0' 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