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ORDINANCE NO. 98-019
<br />AN ORDINANCE GRANTING TO PEOPLES COMMUNICATION, INC. , ITS
<br />SUCCESSORS AND ASSIGNS, PERMISSION TO USE AND OCCUPY THE CITY
<br />STREETS, ALLEYS, HIGHWAYS, PUBLIC THOROUGHFARES, AND WAYS OF THE
<br />CITY FOR THE PURPOSE OF MAINTAINING AND OPERATING ITS FACILITIES
<br />NEEDED AND NECESSARY TO PROVIDE SERVICE TO ITS CUSTOMERS IN PARIS,
<br />TEXAS, UNDER SPECIFIED CONDITIONS; PROVIDING FOR THE PAYMENT OF
<br />FEES OR CHARGES FOR THE USE OF THE STREETS, ALLEYS, HIGHWAYS,
<br />PUBLIC THOROUGHFARES, PUBLIC UTILITY EASEMENTS, AND PUBLIC WAYS
<br />AND THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE
<br />COMMUNICATION COMPANY; PRESCRIBING THE TERM AND EFFECTIVE DATE
<br />OF SAID CONSENT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE;
<br />PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY;
<br />PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND BECOMING
<br />EFFECTIVE UPON PUBLICATION OF ITS CAPTION; REPEALING ALL ORDINANCES
<br />OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FINDING AND
<br />DETERMI1vING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS
<br />OPEN TO THE PUBLIC AS REQUIRED BY LAW.
<br />WHEREAS, PEOPLES COMMUNICATION, INC., hereinafter referred to as "PCI," is
<br />now and has been engaged in the business of providing telecommunication services in the State
<br />of Texas, and in furtherance thereof desires to erect and maintained certain facilities in the streets,
<br />alleys, highways, public thoroughfares, public utility easements, and public ways, sometimes
<br />hereinafter referred to as "thoroughfares" of the City of Paris, Paris, Texas, hereinafter referred
<br />to as CITY, pursuant to the consent given by the CITY for the term of years and under the
<br />conditions specified in this Ordinance granting such consent, subject to the exercise of reasonable
<br />regulation under the police power; and,
<br />WHEREAS, it is to the mutual advantage of both the CITY and PCI that PCI operate in
<br />the CITY and in furtherance thereof that PCI be permitted to construct and maintain its facilities
<br />in the streets, alleys, highways, public thoroughfares, public utility easements and public ways of
<br />the CITY under the conditions established by the CITY; NOW, THEREFORE,
<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS;
<br />Section 1. That the CITY hereby grants to PEOPLES COMMUNICATION, INC., its
<br />successors and assigns, consent to use and occupy the streets, alleys, highways, public
<br />thoroughfares, public utility easements, and public ways of the CITY for the purpose of
<br />maintaining and operating its poles, wires, anchors, cables, manholes, conduits, and other
<br />facilities used in ar instant to the provision of telecommunications services, subject to the terms,
<br />conditions, and stipulations set forth in this ordinance, the Constitution and Law of the United
<br />States and the State of Texas and the CITY's Charter and Ordinances, as they may be amended
<br />from time to time; said consent being granted for a term of seven (7) years from the date hereof.
<br />Said consent may, at the option of the governing body of the CITY, be extended in five (5) year
<br />increments with the terms hereof being reviewed thirty (30) months prior to the expiration of the
<br />initial or subsequent terms. The right to use and occupy said streets, alleys, highways, public
<br />thoroughfares, public utility easements, and public ways of the CITY shall not be exclusive, and
<br />the CITY reserves the right to grant a similar use of said streets, alleys, highways, public
<br />thoroughfares, public utility easements, and public ways to any person or any corporation at any
<br />time during the period of this franchise.
<br />Section 2. That PCI shall, at all times during the life of this franchise, be subject to all
<br />lawful exercise of police power by the CITY and to such reasonable and lawful regulation as the
<br />CITY shall hereafter by charter, ardinance, or resolution provide. The terms of this franchise
<br />shall apply to all PCI facilities used, in whole or part, in the provision of telecommunications
<br />services in newly annexed areas upon the effective date of such annexation.
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