HomeMy WebLinkAboutOrdinance No. 2000-09 ORDINANCE NO. 2 0 0 0-0 9
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
GItANTING TO CAPROCK COMMUNICATION5, THE AUTHORITY
AND LICENSE TO PLACE, OPERATE, AND UTILIZE ITS FACILITIES
'WITHIN PUBLIC RIGHTS-OF-WAY OF THE CITY FOR THE
PURPOSE OF PROVIDING TELEC0IVIMUNICATIONS SERVICES;
MAKING CERTAIN FINDINGS; AND PROVIDING OTHER MATTERS
RELATING TO THE SUBJECT.
* �x * * * � * * �x *
WHEREAS, City of Friendswood, Texas, Ordinance No. 99-32 (the "Regulatory
�rdinance"), 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
WHEREA5, 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 City in accordance therewith; and
WHEREAS, Caprock Communications, (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 ra.ghts-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, Caprock
Communications, 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 tune, 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
adjudged 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
omission of any such part thus declared to be invalid or unconstitutional, whether there be one or
more parts.
PASSED, APPROVED, AND ADOPTED this 15 th day of May , 2000.
Harold L. Whitaker
Mayor
ATT T:
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Deloris McKenzie, RMC
City Secretary
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