HomeMy WebLinkAboutORD 2040 Imposing an Extension to the Temporary MoratoriumCity of Wet University Place
Harris County, Texas
ORDINANCE NO. 2040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; IMPOSING A ONE MONTH EXTENSION
OF THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY
APPLICATION FOR PERMISSION TO PLACE ABOVE GROUND
FACILITIES IN THE PUBLIC RIGHT -OF -WAY AS PASSED BY
ORDINANCE NO. 2036.
WHEREAS, State Bill No. 1004 ( "SB 1004 ") passed by the Texas Legislature,
85th Regular Session (2017), authorizes certain facilities to be installed in a
municipality's public right -of -way; 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, by Ordinance No. 2036, the City imposed a temporary four month
moratorium on the acceptance of any application for permission to place above ground
facilities in the public right -of -way; and
WHEREAS, in order to ensure the protection of the public right -of -way while such
rules are adopted, the City Council finds that an extension of the 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 one month extension of the temporary moratorium on the acceptance of
any application for above ground facilities to be placed in the public right -of -way as
passed by Ordinance No. 2036 is hereby established. 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, APPROVED AND ADOPTED on first and final reading on the
day of `i� LUA, , 2017.
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"�r'EXASS ���1S►gnedn "6� Secretary ( eal) Mayor
Recommended:
J r - 7:,::: �
anager
Approved as to legal form:
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City Attorney
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