98-019 ORD GRANT PEOPLES COMMUNICATION PERMITS TO USE COP STREETS, ALLEYS, HIGHWAYS, PUBLIC THOROUGHFARES AND WAYS

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employed by the CITY in such case or cases, as well as all expenses incurred by the CITY by reason of undertaking the defense of such suit or suits, whether such suit or suits are successfully defended, settled, compromised, or fully adjudicated against the CITY. In the event the CITY is compelled to undertake the defense of any such suit by reason of PCPs failure to perform as here and above provided, the CITY shall have the full right and authority to make or enter into any settlement or compromise of such adjudication as the City Council shall deem in the best interest of the CITY, this without the prior approval or consent of PCI with respect to the terms of such compromise or settlement. Section 9. As a condition of the grant of this franchise, and in consideration thereof, PCI shall reimburse the CITY for its reasonable costs of participating in rate making proceedings before any regulatory authority of the State exercising jurisdiction over the rates of PCI including any appeals therefrom to the courts to the extent such costs are found reasonable by the applicable regulatory authoriry. Section 10. In consideration for the rights and privileges herein granted, the value of such rights and privileges, the administration of this ordinance by the CITY, the usage and interference with the public's usage of public thoroughfares, and other costs and obligations undertaken by the CITY herein, PCI hereby agrees to pay the CITY during the term of this ordinance a sum equal to five percent (5 of annual gross receipts. Such fee payment shall be made in five (5) payments. The first four (4) payments shall be made on April 15, July 15, October 15, and January 15, and shall be estimated at twenty-five percent (25 of the prior year's gross receipts as herein defined. The fifth payment shall be a true-up payment to reflect the actual gross receipts for the entire year and will be made on April 15 of the following year and will include the first (April 15) payment for the then current year. PCI will file with the fifth payment to the CITY a financial statement prepared according to generally accepted accounting principles showing in detail the applicable gross receipts collected by category hereafter specified during the preceding calendar year. PCI shall maintain and shall make available for audit by the CITY, upon reasonable notice, all necessary accounts and records reflecting the amounts of and basis for computation of all gross receipts within the CITY and each category thereof. All such accounts and records shall be kept according to generally accepted accounting principles and PCI shall provide, within a reasonable response time, all information reasonably requested by CITY to ascertain the amount of such gross receipts within the CITY. "Gross receipts" shall mean all revenues collected by PCI for telecommunications and communications services and related services provided by PCI, its affiliates, successors, or assigns for telecommunications and communications services and related services provided by PCI to customers located within the corporate limits of the CITY or earned upon plant located within the corporate limits of the city of Paris. Section ll. CITY agrees that it will not impose a franchise fee upon PCPs lessees so long as a franchise fee is not imposed upon Southwestern Bell's lessees. At such time as PCI's lessees would be required to pay a franchise fee, they are hereby given and granted the option to pay the same rate as PCI pays hereunder without the requirement to seek a franchise with the CITY; or , if said lessee desires to pay the same fee as lessees of Southwestern Bell pay, the same being different from that paid by PCI, then such lessee would be required to enter into a direct franchise agreement with CITY, providing for such like fee as Southwestern Bell lessees pay. Section 12. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the CITY, and this ordinance shall not operate to repeal or affect any of such other ordinances. The consideration set forth herein shall be in addition to and shall not serve as an offset to, be in lieu of, or in any way reduce the amount payable to the CITY by PCI or others pursuant to any other franchise, charter provision, statute, tax, or without limitation by the foregoing enumeration, otherwise payable by PCI or others; it being the express intent hereof that all such obligations, impositions, and agreements of every kind and nature shall remain in full force and effect without reduction or limitation thereby. Page -4-