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<br />ORDINANCE NO 97-2208 <br />c~bp~ ~. , <br />Sectio=i 2. .Section 17 of Ordinance No. 1834 entitled FUTURE. <br />CONTINGENCY is hereby amended to add the designation "(a)" before <br />the existinc~ paragraph of that Section and to add paragraphs (b), <br />(c) and (d) as set forth below: <br />(b) Both• parties agree that the extension of this <br />Ordinance is an interim arrangement and is not intended <br />to be used, and will not be cited or referred to by <br />either. party, .as evidence of what is in compliance with <br />the requirements of Section 3.2555 of the Revised PURA. <br />TELEPHONE, COMPANY 'and CITY both hereby reserve all <br />arguments and/or positions as to the appropriate <br />interpretation and application required by the Revised <br />PURR. <br />(c) The CITY ,agrees to provide written notice to the <br />TELEPHONE COMPANY of an original application or an <br />agreement thereto, for a consent, franchise or permit <br />with the CITY:..for use of the RIGHTS-OF-WAY in the CITY <br />for the provision of any. telecommunications service <br />within ten (10) days from receipt of such application. <br />(d) Further, notwithstanding anything contained in this <br />Ordinance. to the contrary, both CITY and TELEPHONE <br />COMPANY agree that either CITY or TELEPHONE COMPANY may <br />terminate this Ordinance upon a minimum of thirty (30) <br />days notice to the other party on or after the date that <br />(1) an.y entity applies for an original of, or an <br />amendment to, a consent, franchise or permit with the <br />CITY for use of the RIGHTS-OF-WAY in the CITY for the <br />provision of any telecommunications service; or (2) any <br />entity with an existing consent, franchise, or permit for <br />use of the RIGHTS-OF-WAY in the CITY files an application <br />with .the Public Utility Commission of Texas for a <br />certificate of operating authority. which includes any <br />geographic area which is wholly or partially within the <br />corpor~~te limits of CITY. <br />Sectio=~ 3. The TELEPHONE COMPANY .shall have thirty (30) days <br />from and after the passage and approval of this Ordinance to file <br />its written. acceptance hereof with the City Secretary, and upon <br />such acceptance being filed, this Ordinance shall take effect and <br />be in force as of October 1, 1997. <br />,;a <br />~~;.~•• <br />