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HomeMy WebLinkAboutOrdinance No. 2000-10 �...,. , , ORDINANCE NO. 2 0 0� AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, GRANTING TO GTE, THE AUTHORITY AND LICENSE TO PLACE, � OPERATE, AND UTILIZE ITS FACILITIES WITHIN PUBLIC RIGHTS- OF-WAY OF THE CITY FOR THE PURPOSE OF PROVIDING TELECOMMUNICATIONS SERVICE5; MAKING CERTAIN FINDINGS; AND PROVIDING OTHER MATTE�S RELATING TO THE SUBJECT. �x �x * �: * * * * � �x WHEREAS, City of Friendswood, Texas, Ordinance No. 99-32 (the "Regulatory Ordinance"), passed and approved the 18"' day of October, 1999, provides rules and regulations governing the use of City rights-of-way by providers of telecommunications services; and WHEEREA5, pursuant to the Regulatory Ordinance, telecommunications providers wishing to utilize City rights-of-way for the provision of their services are required to obtain a License from the Ciry in accordance therewith; and WHEREt�S, GTE, (the "Applicant") is a telecommunications provider and has applied to the City to obtain such a License; and W�IEREAS, the City Council has determined that the Applicant's proposed use of the City's rights-of-way for such purposes complies with the requirements of the Regulatory Ordinance; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. Pursuant to the Regulatory Ordinance, the Applicant, GTE, is hereby granted the authority and License to place, operate, and utilize its facilities within the public rights-of-way of the City for the purpose of providing telecommunications services. Section 3. The authority and License granted hereby is subject to each and every term and condition of the Regulatory Ordinance, as it exists on the date of adoption hereof and as may be lawfully amended from time to time, the provisions of which are incorporated herein by reference as if set forth herein verbatim. Section 4. The term of the License granted hereby shall be for a period of ten years, commencing as of the date of acceptance hereof as, unless terminated earlier pursuant to the Regulatory Ordinance. ,.-, . Section 5. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be �djudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omissi�n of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED, APPROVED, AND ADOPTED this 15th day of I"IaY , 2000. �� Harold L. Whitaker Mayor ATTEST: G . T De oris McKenzie, T C City Secretary 2