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95-026 ORD COP AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREEMENT
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95-026 ORD COP AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREEMENT
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11/20/2017 4:38:12 PM
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4/27/2012 4:35:25 PM
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CITY CLERK
CITY CLERK - Date
7/10/1995
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<br /> <br /> <br /> <br /> <br /> <br /> satisfactory to both the CITY and the TELEPHONE COMPANY, the CITY and the <br /> <br /> TELEPHONE COMPANY have chosen the method of determining the amount of compensation <br /> <br /> provided for in this Ordinance to eliminate the expense and time related to audits, to achieve <br /> <br /> administrative simplicity, to provide the CITY with predictable revenues and an opportunity for <br /> <br /> growth and to avoid the expense and delays of further litigation which otherwise would be necessary <br /> <br /> to resolve the issues in controversy between t11e parties; and, <br /> <br /> WHEREAS, it is to the mutual advantage of both the CITY and the TELEPHONE <br /> <br /> COMPANY that an agreement should be entered into between the TELEPHONE COMPANY and <br /> <br /> the CITY establishing the conditions under which the TELEPHONE COMPANY shall maintain <br /> <br /> and construct its physical plant in the CITY in the future; <br /> <br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE <br /> <br /> CITY OF PARIS, PARIS, TEXAS, THAT: <br /> <br /> SECTION 1 - PURPOSE <br /> <br /> Pursuant to the laws of the State of Texas, the CITY Charter and this Ordinance, the <br /> <br /> TELEPHONE COMPANY has the NON-EXCLUSIVE right and privilege to USE the public <br /> <br /> RIGHTS-OF-WAY in the CITY for the operation of a telecommunications system subject to the <br /> <br /> restrictions set forth herein. The TELEPHONE COMPANY may USE such RIGHTS-OF-WAY <br /> <br /> for its telecommunications FACILITIES. The TELEPHONE COMPANY'S FACILITIES and <br /> <br /> TRANSMISSION MEDIA used in or incident to the provision of telecommunications service and <br /> <br /> to the maintenance of a telecommunications business by the TELEPHONE COMPANY in the <br /> <br /> CITY shall remain as now constructed, subject to such changes as under the conditions prescribed <br /> <br /> in this Ordinance may be considered necessary to the public health and safety by the CITY in the <br /> <br /> exercise of its lawful powers and such changes and extensions as may be considered necessary by <br /> <br /> the TELEPHONE COMPANY in the pursuit of its telecommunications business. The terms of <br /> <br /> this Ordinance shall apply throughout the CITY, and to all operations of the TELEPHONE <br /> <br /> COMPANY within the CITY, and shall include all operations and FACILITIES used in whole or <br /> <br /> in part in the provision of telecommunications services in newly annexed areas upon the effective <br /> <br /> date of any annexation. <br /> <br /> SECTION 2- ADDITIONAL AUTHOWTY REQUIRED <br /> <br /> The TELEPHONE COMPANY is iiot authorized to provide cable television service <br /> <br /> SOUTf~VESTEKN BELL SE7'1'I.EMF,NT ORDINANCE - Page 2 <br />
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