HomeMy WebLinkAbout1373 NOT EXECUTEDORDINANCE NO. 1373
AN ORDINANCE OF THE CITY OF EULESS, TEXAS, GRANTING
MUNICIPAL CONSENT TO AMERICAN COMMUNICATIONS SERVICES,
INC. d /b /a E.SPIRE COMMUNICATIONS, ITS SUBSIDIARIES AND
AFFILIATES FOR THE USE AND OCCUPANCY OF THE CITY'S PUBLIC
RIGHTS -OF -WAY FOR THE PROVISION OF TELECOMMUNICATIONS
SERVICES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 80 entitled "Telecommunications" of the Euless Code of Ordinances
authorizes the Euless City Council by appropriate Ordinance to consent to the use of the City's
public rights -of -way by a certificated telecommunications utility following application therefor; and
WHEREAS, American Communication Services, Inc. d/b /a e.spire Communications, its
subsidiaries and affiliates, a certificated telecommunications utility has made application to the City
for municipal consent to use the City's public rights -of -way in connection with the operation of its
telecommunication network.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
The City of Euless, Texas hereby grants to American Communication Services, Inc. d/b /a
e.spire Communications, its subsidiaries and affiliates the right to the use and occupancy of the
City's Public Rights -of -Way, subject to applicable law and under the terms and conditions
specifically set forth in Chapter 80 of the Euless Code of Ordinances, as same exist or may be
hereafter amended, and subject to the terms and conditions specifically set forth in a Municipal
Consent Agreement attached hereto as Exhibit "A" which Agreement is incorporated herein as
though now set forth in full. The City Manager of the City of Euless, Texas, is herewith authorized
to execute such Municipal Consent Agreement on behalf of the City. Such Municipal Consent
Agreement shall be in form to be approved by the Euless City Attorney.
II.
Cumulative Effect. That this ordinance shall and does amend every prior ordinance in
conflict herewith, but as to all other ordinances and sections of ordinances not in direct conflict, this
ordinance shall be, and the same is hereby made cumulative.
III.
Severability Clause. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
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unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
IV.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the
Euless City Council on the 10 day of August 1999, by a vote of 7 ayes, 0 nays, and
0 abstentions.
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ATTEST:
s Crim, Oty Secretary
FORM
Bob McFarland, City Attorney
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