Ord 076-2000 7/18/2000ORDINANCE NO. -I -a rin6
ORDINANCE GRANTING A PERMIT TO ADELPHIA BUSINESS
SOLUTIONS OF TEXAS, L.P., TO OPERATE TELECOMMUNICATION
SERVICES WITHIN THE CITY OF WICHITA FALLS IN ACCORDANCE
WITH ORDINANCE 120 -99, ORDINANCE 55 -2000, AND HOUSE BILL
1777; PROVIDING FOR CONDITIONS OF GRANTING SAID PERMIT;
PROVIDING FOR ACCEPTANCE OF SAME; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls previously adopted Ordinance 120 -99
governing the use and occupancy of the public rights -of -way in the City for the provision
of telecommunication services and providing for compensation for the use and
occupancy, and subsequently established access line fees pursuant to Ordinance
55 -2000, as established by the Public Utility Commission of Texas; and,
WHEREAS, the City of Wichita Falls has received a request from Adelphia
Business Solutions of Texas, L.P., to conduct telecommunication services within the
City of Wichita Falls and further that it be issued a permit to do so, in accordance with
Ordinance 120 -99 and House Bill 1777.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Adelphia Business Solutions of Texas, L.P., is hereby granted a
permit to operate telecommunication services within the city limits of the City of Wichita
Falls, Texas, and occupy the public rights -of -way within the city, conditioned upon
Adelphia complying with the terms and conditions of Ordinances 120 -99 and 55 -2000,
and any subsequent amendments thereto changing the monthly access line fees; and
further complying with all provisions of House Bill 1777, to the extent that House Bill
1777 may conflict with the aforementioned City ordinance.
SECTION 2. The permit hereby granted shall be effective thirty (30) days from
receipt of notification that Adelphia Business Solutions of Texas, L.P., hereby agrees to
the terms and conditions for the granting of this permit and indicates its acceptance in
writing with the proper authorized corporate official indicating such acceptance on
behalf of Adelphia. The permit hereby granted shall be for a period of one year, in
accordance with Section 4.03 of Ordinance 120 -99, and at the expiration of the one -
year period, such permit shall be automatically extended for successive periods of one
year, unless the City gives ninety (90) days notice prior to the end of the current one -
year period of its intent to terminate the permit.
SECTION 3. Access line payments as specified by Ordinance 120 -99 and
House Bill 1777 shall be paid to the City on a quarterly basis, no later than 45 days
after the end of each quarter, as provided by House Bill 1777.
SECTION 4. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 18th day of July 2000.
ATTEST:
LIAIREJ-)
City Clerk
/MAYOR
Adelphia Business Solutions of Texas, L.P., hereby accepts this permit to conduct
telecommunication services within the City of Wichita Falls, in accordance with the
terms and conditions of this ordinance, Ordinance 120 -99; Ordinance 55 -2000, and as
later may be amended, and Texas House Bill 1777, and authorizes the undersigned
duly authorized officer of the limited partnership to execute such acceptance on this
day of 12000.
Title:
Attest:
Adelphia Business Solutions of Texas, L.P.
STATE OF §
COUNTY OF §
This instrument was executed before
2000, by
me on this day of
for Adelphia Business Solutions of
Texas, L.P., a limited partnership, on behalf of said corporation.
Notary Public, State of
Adelphia Business Solutions of Texas, L.P., hereby accepts this permit to conduct
telecommunication services within the City of Wichita Falls, in accordance with the
terms and conditions of this ordinance, Ordinance 120-99; Ordinance 55-2000, and as
later may be amended, and Texas House Bill 1777, and authorizes the undersigned
dul authorized officer of the limited partnership to execute such acceptance on this
day of , 2000.
Adelphia Business Solutions pf Texas P.
�y: Act/ a-�Gusi �/ SokcJioxn, Gyen�.y Texas
P,y�, �cL'
as cnwlw ��r ri
By: l
�hn it
Title: ✓eL;.n,cettrCr'ene� da-,cel
STATE OF(/�(/c`UI
COUNTY OF I -a §
This instrument was executed before me on this �I day of
2000, by
for Adelphia Business Solutions of
Texas, L.P., a limited partnership, on behalf of said corporation.
�-r)-w RtA O N,O C (� )
Notary Public, State of (, o� c�4�,04.
Nixar4 Seal
cMe" A. Heller, N ary Pub4c
CouEweporlorn, Pot
ter County
MY Commiugn E,gres Nov. 17.2001