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Home My WebLink AboutOrdinance - 9977-1997 - Amending Ordinance 9971 Correcting Typographical Error - 02/27/1997l First Reading Item #17 tebruary 27, 1997 Second Reading Item 1114 March 13, 1997 11 ;I 'I I ORDINANCE NO. 9977 ---- AN ORDINANCE AMENDING ORDINANCE NO. 9971 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS FRANCHISING AND CORRECTING A TYPOGRAPHICAL ERROR; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the citizens of the City of Lubbock to make the following amendments to Ordinance No. 9971; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Sections 2(1) and 2(z) of Ordinance 9971 of the City of Lubbock, Texas, are hereby amended to read as follows: (I) "Law'' means any and all applicable laws, including, but not limited to, the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Pub. L. No. 104-104 § 100 Stat. 70, codified as 47 U.S.C. and subsequent amendments, and all orders, rules, tariffs, guidelines, and regulations issued by the Federal Communications Commission or the governing State authority pursuant thereto, as well as all applicable State and City law. The term "Law'' encompasses statutory law, administrative regulations, and case law. (z) "Telecommunications Service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of, or of Telecommunications Facilities for the transmittal of, voice, data, image, graphics and other communications between or among points by wire, fiber optics or similar facilities, but does not include any "wireless service" or "long distance service", as defined by law. SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication as provided by law . AND IT IS SO ORDERED. Passed by the City Council on first reading this 27thday of February , 1997. Passed by the City Council on second reading this ..J.3.tbday of March 1997. ATTEST: Ka~ City Secretary APPROVED AS TO CONTENT: · Bob Cass, City Manager APPROVED AS TO FORM: nald G. Vandiver, First Assistant City Attorney ddord/telcmod.doc February 13, 1997 ~OR 2 First Reading Item i/17 February 27, 1997 Second Reading Item i/14 March 13, 1997 ORDINANCE NO. 9977 ---- AN ORDINANCE AMENDJNG ORDINANCE NO. 9971 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS FRANCHISING AND CORRECTING A TYPOGRAPIDCAL ERROR; PROVIDIHG ~DL~Y; PROVIDING A SAVINGS.CLAUS~~pROVIpINGFORPUBLICATION. 9\( lV\ct\C.c.e. Vl<lS ~ f>e(Ao-lttb-'-'°'ftrteiV\ h\c.ot~ect cltAe +o c..f@r tc<'-l e&""''"o,. Coc-ce WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the citizens of the City of Lubbock to make the following amendments to Ordinance No. '5/Z'f 9971;NOWTHEREFORE: ~ , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Sections 2(1) and 2(z) of Ordinance 9971 of the City of Lubbock, Texas, are hereby amended to read as follows: (1) "Law'' means any and all applicable laws, including, but not limited to, the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Pub. L. No. 104-104 § 100 Stat. 70, codified as 47 U.S.C. and subsequent amendments, and all orders, rules, tariffs, guidelines, and regulations issued by the Federal Communications Commission or the governing State authority pursuant thereto, as well as all applicable State and City law. The term "Law" encompasses statutory law, administrative regulations, and case law. (z) "Telecommunications Service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of, or of Telecommunications Facilities for the transmittal of, voice, data, image, graphics and other communications between or among points by wire, fiber optics or similar facilities, but does not include any "wireless service" or "long distance service", as defined by law. SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication as provided by law . AND IT IS SO ORDERED. . r THE STATE OF TEXAS COUNTYO B . Morris Communication Corporation .-L,J.a.,...__,,,...:,=---at Lubbock County, Texas and the attached print- co ~ J}1e original and was printed in the Lubbock NOTARY PUBLIC in a or the State of Texas My Commission Expires .................. ___ _ Subscribed and sworn to before me this, __ «2==5=--_day of M..,(!.c ... f'ch 19 q7 FORM58-10 CIROINA~&NO. 1976 · ! AN QRDINAN(;I; A8ANDON- 1NG ANO CLOSING PORTIONS OF TWO DRAINAGE EASE· MENTS LOCATED IN SECTION~. 8\.0(:K E, LUBBOCK, LUBBOCK , COUNTY, TEXA$, AND MORE ~ TICUU.RLYDESCRIBED IN $ BODY OF THI$ ORDI• NC.E, DIRECTING.THE. CITY GJNEER TO MARI( THE OF• !CtAL MAPS OF THE CITY TO FLECT SAID ABAN.DON• NT ANO CLOSINGI PROVID- ING A SAVINGS CLAUSEi AND JROVIDING FOR PUBLlCA• fl()N. . , ,. · . ' f· QRDINANel!!N0.9971 • AN ORDINANCE.AMEND• lo ORDINANCE NO. ,rm OF HE CITY OF LUBBOCK, TEX~ S, WITH REGARD TO TELE• · OMMUNICATIONS FRANCHIS·/ NG AND CORRECTING A TYPO-' IAPHICAL ERROR; PROVID- IN.G A SAVINGS CLAUSE; ANO l'ROVIDING FOR PUBLICA• ft<ll'I· . tJ.. ~M('1;ct{o. "'• f : . A~ ORDINANCE GRANTING tOUT. H_ WESTERN .&ELL TELE· HON-E «;OMPANY A FRAl!I• HISE AUTHORIZING AND GOV• RN:ING THE USE OF CITY •ROPERTY AND PUBLIC IIUGHT$-()F-WAY TO PROVIDE ft!iLECOMMUNICATIONS SER· Wt.CU WITHIN THE CITY Of:' •1D,!lOC!t-· -~-~-------:-'.'" a~:--~", PATTI TATE * No!aiy Public, State of Texas ~•· •• · My Commission Expires '~t..:..!-1' 7-05-2000 ..