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O-1998-2299
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O-1998-2299
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Last modified
11/2/2016 3:39:01 PM
Creation date
7/25/2006 3:43:22 PM
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Legislative Records
Legislative Type
Ordinance
Date
11/23/1998
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<br />e <br /> <br />e <br /> <br />LIMITED USE LICENSE AGREEMENT <br /> <br />STATE OF TEXAS { <br />{ <br />COUNTY OF HARRIS { <br /> <br />This Agreement is made and entered into this the 23rd day of <br />November, 1998, by and between the CITY OF LA PORTE, a Texas <br />Municipal Corporation, hereinafter called "City"; PHONOSCOPE FIBER <br />OPTIC SERVICES LTD., a Texas Limi ted Partnership, hereinafter <br />called "Operator"; and the LA PORTE INDEPENDENT SCHOOL DISTRICT, an <br />Independent School District in Harris County, Texas, hereinafter <br />called "District": <br /> <br />WHEREAS, City has exclusive control and jurisdiction over the <br />public streets and rights-of-way within its corporate limits; and <br /> <br />WHEREAS, Operator requests the City allow the use of certain <br />existing pUblic rights-of-way within City for the limited purpose <br />of providing fiber optic cable for certain audio, video and data <br />communications among schools and school facilities in the District <br />for its internal communications and educational needs; and among <br />various facilities of City for its internal communications needs; <br />and <br /> <br />WHEREAS, subject to the terms and conditions hereof, City is <br />willing to allow Operator use of certain existing public rights-of- <br />way within City for the limited purposes of providing the above <br />services to District and City; <br /> <br />NOW, THEREFORE, for and in consideration of the mutual <br />covenants and obligations hereinafter set forth, it is hereby <br />agreed as follows: <br /> <br />1. OPERATOR'S RIGHTS. <br /> <br />1.1 Operator shall have the right and privilege to install, <br />maintain, and operate fiber optic cable upon poles or within <br />conduit owned by, and with agreement of, franchised public <br />utility operators in the City of La Porte, at the locations as <br />described in that certain agreement dated September 30, 1998, <br />between the La Porte Independent School District and IBM <br />Corporation, for Managed Network Connectivity Services, a true <br />and correct copy of which is attached hereto as Exhibit "A", <br />incorporated by reference herein, and made a part hereof for <br />all purposes, to provide telecommunications, two way audio and <br />video for District and City. Said fiber optic cable shall be <br />limited to the exclusive use of each facility to be served, as <br />required to provide the services to the District and to the <br />City as agreed in the contract between Operator and District, <br />and Operator and City. <br /> <br />Revised 11/18/98 <br />
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