HomeMy WebLinkAboutORD 2036 Imposing a Temporary MoratoriumCity of West University Place
Harris County, Texas
ORDINANCE NO. 2036
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; IMPOSING A TEMPORARY
MORATORIUM ON THE ACCEPTANCE OF ANY APPLICATION FOR
PERMISSION TO PLACE ABOVE GROUND FACILITIES IN THE
PUBLIC RIGHT -OF -WAY.
WHEREAS, State Bill No. 1004 ( "SB 1004 ") passed by the Texas Legislature,
851h Regular Session (2017), authorizes certain facilities to be installed in a
municipality's public right -of -way; and
WHEREAS, SB 1004 further provides that municipalities retain the authority to
manage the public right -of -way to ensure the health, safety and welfare of the public;
and
WHEREAS, the City of West University Place (the "City ") wishes to adopt rules to
ensure that the City complies with the requirements of SB 1004, and at the same time,
protects the health, safety and welfare of the public; and
WHEREAS, in order to ensure the protection of the public right -of -way while such
rules are adopted, the City Council finds that a temporary moratorium on the
acceptance of any applications for above ground facilities to be placed in the public
right -of -way is necessary and proper.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
1. The recitals set forth above are found to be true and correct.
2. A moratorium on the acceptance of any application for above ground
facilities to be placed in the public right -of -way is hereby established for a period of four
months from the effective date of this Ordinance. Such moratorium shall not apply to
the repair or replacement of existing facilities.
3. If any provision, section, subsection, sentence, clause or phrase of this
ordinance or the application of same to any person or set of circumstances is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of this ordinance or their application to other persons of sets of circumstances shall not
be affected thereby, it being the intent of the City Council in adopting this ordinance that
no portion hereof or provision or regulation contained herein shall become inoperative
or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion
hereof, and all provisions of this ordinance are declared to be severable) for that
purpose.
4. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Texas Open Meetings
Act, Tex. Gov't. Code Ann., ch.551; and that this meeting was open to the public as
required by law at all times during which this ordinance and the subject matter thereof
have been discussed, formally considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
5. An emergency exists requiring the passage of this Ordinance on first and
final reading.
6. This Ordinance shall take effect immediately upon its passage and
approval.
PASSED, P PPROVED AND ADOPTED on first and final reading on the 24th day
nIU.-LL1V-2017. / /
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Approved as to legal form:
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