HomeMy WebLinkAboutOrdinance No. 03-1496 CITY OF THE COLONY, TEXAS
ORDINANCE NO
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES BY
ADDING SUBSECTION 18-27 "GRANT OF RIGHT-OF-WAY
AND/OR PUBLIC PROPERTY LICENSE AND USE
AGREEMENT", PROVIDING FOR THE CITY MANAGER TO
GRANT AND EXECUTE ALL LICENSE, LANDSCAPE,
MAINTENANCE, ENCROACHMENT, AND SIMILAR USE
AGREEMENTS WITHIN THE PUBLIC RIGHTS-OF-WAY
AND/OR ON PUBLIC PROPERTY FOR A PERIOD NOT TO
EXCEED TEN (10) YEARS; PROVIDING A SAVING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PUBLICATION CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the "City"), currently requires a
permit to be obtained prior to performing any type of work within public rights-of-way
and/or on public property; and
WHEREAS, notwithstanding any of the provisions contained therein, the City
may also grant certain license and use agreements to those desiring to use, maintain, or
encroaching upon the City rights-of-way and other public property; and
WHEREAS, said license and use agreements required approval of the City
Council prior to being granted; and
WHEREAS, the City Council has determined that it would be in the best interest
of the City to grant the City Manager the authority to grant and execute such license and
use agreements for a period not to exceed ten (10) years;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are tree and correct and are incorporated
herein and made a part hereof for all purposes.
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SECTION 2.
AMENDMENT
That The Colony Code of Ordinances, Chapter 18, is hereby amended by adding
Section 18-27 to provide for City Manager to grant and execute all license, landscape,
maintenance, encroachment, and similar use agreements within the public rights-of-way
and/or on public property for a period not to exceed ten (10) years, which shall read as
follows:
"Sec. 18-27. Grant of Right-of-Way and/or Public Property License and Use
Agreements
Notwithstanding any of the provisions contained in this Chapter, once a permit
has been obtained under Sec. 18-20, no person shall use, in any manner, a public right-of-
way or public property without first having executed a License and Use Agreement Use
or Encroachment or Landscape Agreement. Such Agreement shall be granted and
executed by the City Manager. License and Agreements shall contain a specified time
period for such use to be granted, however, the City Manager shall be authorized to grant
and execute a License and Use Agreement for a period not to exceed ten (10) years."
SECTION 3.
SAVING
Chapter 18 of the Code of Ordinances of the City of The Colony, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 4.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this ordinance
are severable, and if any section, paragraph, sentence, phrase, clause or word in this
ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City Council hereby declares
that it would have passed such remaining portions of this ordinance despite such
invalidity, which remaining portions shall remain in full rome and effect.
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SECTION 5.
EFFECTIVE DATE
This ordinance shall become effective from and after its adoption and publication
as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas this the x.~,_F) dayof W~x/. ,2003.
APPROVED:
J~ln DillardJ Mayor
Oi~ty of The Colony, Texas
Patti A. Hicks, TRMC. City Secretary,
City of The Colony, Texas
Bob Hager,/G~ Attorney,
City of Thd~olony, Texas
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