HomeMy WebLinkAboutOrd 187 Amending the GTE Franchise AgreementORDINANCE NO. 187
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 183, AN ORDINANCE GRANTING A FRANCHISE TO GTE
SOUTHWEST INCORPORATED, BY AMENDING SECTIONS 1 AND 2 REGARDING
UNDERGROUND INSTALLATIONS; PROVIDING FOR A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS:
PART I.
That the Town hereby amends Ordinance No. 183; An ordinance
granting the right, privilege and franchise to GTE Southwest
Incorporated, by revising the last sentence in Section 1 and the
last sentence in the first paragraph of Section 2 so that said
sentences shall hereinafter read as follows:
"All new and reconstructed utility line
installations shall be placed underground where possible.
Variances will be considered by the Town upon application
of the Telephone Company that placement of facilities
underground will constitute an undue hardship."
PART II.
That any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this Ordinance shall be
fined not less than Five Dollars ($5.00), nor more than One Hundred
Dollars ($100.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
PART III.
It is hereby declared to be the intention of the Town Board of
Aldermen that the sections, clauses and phrases of this Ordinance
are severable, and if any phrase, clause, sentence, paragraph or
section of this Ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such voidness, ineffectiveness or
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this Ordinance, since
the same would have been enacted by the Town Board of Aldermen
without the incorporation hereof of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
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PART IV.
That this Ordinance shall become effective and be in full
force and effect from and after the date of its passage and
publications, as required by law, and it is so ordained.
PASSED AND APPROVED this the 1st day of April, 1991.
DALE L. WHITE,RAYOR
TOWN OF WESTLAKE, TEXAS
ATTEST:
GERRY WHrrE, SECRETARY
TOWN OF WESTLAKE, TEXAS
APPROVED AS TO LEGAL FORM
PAUL C. ISHAM, TOWN ATTORNEY
TOWN OF WESTLAKE, TEXAS
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