1998-01-12 Workshop and Regular Meeting of City Council

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