HomeMy WebLinkAboutOrdinance No. 99-34 ORDINANCE NO. 9 9-3 4
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
GRANTING TO METRICOM, INC., 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 SERVICES; MAKING
CERTAIN FINDINGS; AND PROVIDING OTHER MATTERS
RELATING TO THE SUBJECT.
* * � � �: � * * * *
WHEREAS, City of Friendswood, Texas, Ordinance No. 9 9-31 (the "Regulatory
Ordinance"), passed and approved the 18th day of Octobe� 1999, provides rules and
regulations governing the use of City rights-of-way by providers of telecommunications
services; and
WHEREAS, 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, Metricom, Inc., (the "Applicant") is a telecommunications provider and
has applied to the City to obtain such a License; and
WHEREAS, the City Council has determined that the Applicant's proposed use of the
Ciry'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, Metricom, Inc., 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 tl�e Regulatory Ordinance, as it exists on the date of adoption hereof and
as may be lawfully amended from tiine 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 five
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 inore parts.
PASSED AND APPROVED on first reading this 4th ��y of October, 1999.
PASSED, APPROVED, AND ADOPTED this 1�.�, day of October , 1999.
Harold L. Whitaker
Mayor
ATTEST:
, �
Deloris McKenzie, TRM
City Secretary
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