95-026 ORD COP AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREEMENT

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as a cable operator in the CITY under this Ordinance, but must first obtain a franchise from the CITY for that purpose, under such terms and conditions as may be required by law. SECTION 3 - DEFINITIONS Whenever used in this Ordinance, the following words and terms shall have the definitions and meanings provided in this Section: (a) FACILITIES: all TELEPHONE COMPANY duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated TRANSMISSION MEDIA. (b) USE: the TELEPHONE COMPANY's acquisition, construction, reconstruction, maintenance or operation of any FACILITIES in, over, under, along, through or across the public RIGHTS-OF-WAY, for any telecommunications purpose whatsoever. (c) CITY: The City of Paris, Paris, Texas. (d) RIGHTS-OF-WAY: all present and future streets, avenues, highways, alleys, bridges and public ways within the city limits of the CITY. (e) TRANSMISSION MEDIA: all TELEPHONE COMPANY cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other telecommunications purposes. (f) NON-EXCLUSIVE: no rights provided in this Ordinance by the CITY shall be exclusive, and the CITY reserves the right to grant franchises, licenses, easements or permissions to use the public RIGHTS-OF-WAY within the CITY to any person or entity as the CITY, in its sole discretion, may determine to be in the public interest. (g) TELEPHONE COMPANY: Southwestern Bell Telephone Company. (h) STIPULATION OF SETTLEMENT: As filed by the Settlement Class and Settling Defendants in connection with Cause No. D-142,176 in the 136th District Court of Jefferson County, Texas. SECTION 4 - TERM (a) Subject to Paragraph 4(b) below, this Ordinance shall continue far a period of three (3) SOU7'fIWESTERN BELI, SETTLEMENT ORDINANCE - Page 3