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

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Section 20. All valid provisions of the Charter of the CITY, and the Code of Ordinances of the CITY, as they may be amended from time to time, not in conflict with the express provisions hereof, shall become part of this franchise as fully as if same had been expressly stated herein, and the CITY may exercise all the powers and rights retained by it in said charter as fully as if all the provisions therein had been written herein. Section 21. This franchise shall not be transferred by PCI except with the approval of the governing body of the CITY expressed by ordinance. PCI shall provide the CITY with notice of all mergers, takeovers, consolidations, or changes in corporate structure. Section 22. The CITY's consent to PCPs use of and occupancy of the city streets, alleys, highways, public thoroughfares, and public ways in furtherance of the provision of local communication service is conditioned on PCI's compliance with the terms and conditions stated herein and the payment of the consideration stated herein. PCI's continued occupancy and use of the city streets to provide local communication service shall be deemed acceptance of the terms and conditions stated herein and agreement to pay the consideration stated herein. Section 23. It is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional, invalid, or unenforceable by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality, invalidity, or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ardinance of any unconstitutional, invalid, or unenforceable phrases, clauses, sentences, paragraphs, or sections. Section 24. All of the regulations provided in this Ordinance are hereby declared to be for a public purpose and the health, safety, and welfare of the general public. Any member of the governing body or city official or employee charged with the enforcement of this Ordinance, acting for the CITY in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or properry as a result of any act required or permitted in the discharge of his said duties. Neither the CITY nor PCI by accepting this franchise waives its right to seek all appropriate legal and equitable remedies as allowed by law upon violation of the terms of this franchise, including seeking injunctive relief in a court of competent jurisdiction. Section 25. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required. Section 26. Within ten (10) days after the passage of this ordinance by the City Council, the grantee herein shall file with the City Clerk, in writing, the acceptance of the terms and provisions of this grant. Section 27. Introduced, read, and passed on first reading on February 9, 1998, at a regular meeting of the City Council of the City of Paris; on second reading on March 9, 1998, at a regular meeting of the City Council of the City of Paris; and on third and final reading on April 13, 1998, at a regular meeting of the City Council of the City of Paris, the same being three (3) separate regular meetings of the City Council of the City of Paris, and the last reading being not less than thirty (30) days from the first. This ordinance shall become effective sixty (60) days from the date of the third and final reading. Page -7-