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

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by publication shall be given of the date, time, and place of any public hearing to interested members of the public, which notice shall be paid for by PCI. c. The governing body, after full public hearing, may, in its discretion, forfeit the franchise, or upon finding a violation or failure to comply, impose a lesser penalty than forfeiture of this franchise, including, but not limited to a penalty of $1,000 per day per violation, or excuse the violation or failure to comply upon a showing by the company of mitigating circumstances, or upon a showing of good cause of said violation or failure to comply as may be determined by the governing body. PCI shall not be excused from complying with any of the terms and conditions of this franchise on any failure of the CITY upon any one or more occasions to insist upon or to seek compliance with any sach terms or conditions. Section 17. For the purpose of this Ordinance, notice to the CITY will be to: City of Paris Michael E. Malone, City Manager P. 0. Box 9037 Paris, TX 75461-9037 With a copy to: City of Paris City Attorney P. 0. Box 9037 Paris, TX 75461-9037 Notice to PCI will be to: PEOPLES COMMUNICATION, INC. P. O. Box 920 Quitman, Texas 75783 With a copy to: PEOPLES COMMUNICATION, INC. Attention: Legal P. 0. Box 920 Quitman, Texas 75783 Notice will be effective upon delivery at the above addresses until the CITY or PCI notifies the other, in writing, of a change in the address. Section 18. All the provisions of this franchise shall be binding upon PCI, its successors and assigns, whether expressly so stated herein or not, and all grants, rights, and privileges secured by this franchise to PCI shall inure to the benefit of its legal and bonafide representatives, successors, and assigns approved as provided herein. Section 19. 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 except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed to the extent of such inconsistency. Provided all other ordinances, rules, regulations, and agreements which are not in conflict with this Ordinance and which in any manner relate to the regulation of the city streets, alleys, and public places or the business of PCI shall remain in full force and effect. Page -6-